Final Extension of Time Clause Samples

Final Extension of Time. If necessary or required, the Contractor shall make a written request for a substantial or final extension of time to complete the Work, which shall be evaluated in accordance with these General Conditions. The Project Manager shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained hereunder, less any and all deductions authorized to be made by the City, whether under this Contract or under Law, less an amount that is double the amount the City considers necessary to ensure the Contractor's completion of the balance of the Work. Such a payment shall be considered a partial payment and not a final payment. No substantial completion payment shall be made under this Section where the Contractor has failed to complete the Work within the time fixed for such completion in the Contract Documents, as the same may have been extended, until an extension or extensions of time for the completion of the Work have been acted upon pursuant to Section 3.06. No further partial payments shall be made to the Contractor after the City issues a Certificate of Substantial Completion, except the substantial completion payment and vouchers for progress payments that were properly filed with the City prior to the date of issuance of the Certificate of Substantial Completion. However, the City may grant a waiver for further partial payments after the date of substantial completion to permit payments for change order work, Extra Work and/or release of retainage and deposits pursuant to Sections 5.02 and 5.05. The Contractor shall request such a waiver regarding further partial payments in writing. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or due to issuance of change notes affecting final completion, and the Project Manager so confirms, the Director, upon request by the Contractor and certification by the Project Manager, and without terminating the Contract, direct payment of the balance due for that portion of the Work as fully complete and accepted. The Contractor acknowledges that nothing contained in this Section is intended to or shall in any way diminish the force and effect of Section 3.06 hereof.
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Related to Final Extension of Time

  • Extension of Time If the Executive shall be in violation of any provision of this Article 6, then each time limitation set forth in this Article 6 shall be extended for a period of time equal to the period of time during which such violation or violations occur. If the Company seeks injunctive relief from such violation in any court, then the covenants set forth in this Article 6 shall be extended for a period of time equal to the pendency of such proceeding including all appeals by the Executive.

  • Delays and Extension of Time If the Contractor is delayed at any time in the progress of providing goods and/or services by an act or neglect of the District, or by changes ordered in the work, or by labor disputes, strikes, insurrections, fire, acts of God; unusual but well documented and excusable delays in performance, or other causes beyond the Contractor’s control, or by delay authorized by the District, then the contract Term of service may be extended by a contract amendment for such reasonable time as the District and the Contractor may agree.

  • Extension of Time Periods The parties may extend any period of time provided in this Article 7 by mutual agreement.

  • Extension of Time; Waiver At any time prior to the Effective Time, the parties may, by action taken or authorized by their respective Boards of Directors, to the extent permitted by applicable Law, (a) extend the time for the performance of any of the obligations or acts of the other parties, (b) waive any inaccuracies in the representations and warranties of the other parties set forth in this Agreement or any document delivered pursuant hereto or (c) subject to applicable Law, waive compliance with any of the agreements or conditions of the other parties contained herein; provided, however, that after the Company Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the Stockholders without such further approval or adoption. Any agreement on the part of a party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such party. No failure or delay of any party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder.

  • Extension of Time, Waiver, Etc At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company, Parent or Merger Sub in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.