Limitation on Delay and Disruption Damages Clause Samples

Limitation on Delay and Disruption Damages. Delay damages shall be compensable hereunder only in the case of Delays to the extent that they entitle Contractor to an extension of the Contract Time and result from the following (and no other Delays): (a) An Owner-Directed Change that is the result of a written order designated to be a Directive Letter under Article 14.2; (b) A suspension of the Work under Article 14.17; or
View SourceView Similar (4)
Limitation on Delay and Disruption Damages. Delay damages shall be compensable hereunder only in the case of Delays to the extent that they entitle Contractor to an extension of the Contract Time and result from the following (and no other Delays): (a) An Authority-Directed Change that is the result of a written order designated to be a Directive Letter under Article 16.2; (b) A suspension of the Work under Article 16.18; or (c) Authority Delays. (a) The Baseline Program in fact sets forth a reasonable method for completion of the Work; (b) The change in the Work or other event or situation that is the subject of the requested Change Order has caused or will result in an identifiable and measurable Delay and impact the Critical Path affecting the Contract Time; (c) The Delay damage was not due to any breach of Contract or fault or negligence, or act or failure to act of any Contractor-Related Entity, and could not reasonably have been avoided by Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work or other activities unrelated to the Work (subject to reimbursement for additional costs reasonably incurred in connection with such reallocation or redeployment); (d) The Delay for which compensation is sought is not concurrent with any other delay for which Contractor is not entitled to Delay damages; and (e) Contractor has suffered or will suffer actual costs due to such Delay, each of which costs shall be documented in a manner satisfactory to Authority. Disruption damages, whether from a single event or continual, multiple or repetitive events, are not allowed or recoverable under the Contract. Disruption damages include costs of (i) rearranging Contractor’s Work plan not associated with an extension of the Contract Time and (ii) loss of efficiency, momentum or productivity.
View Source
Limitation on Delay and Disruption Damages. 13.5.2.1. Acceleration Costs; Delay and Disruption Damages Acceleration Costs shall be compensable hereunder only with respect to Change Orders issued by TxDOT as an alternative to allowing an extension of a Completion Deadline as contemplated by Sections 13.2.1.3 and 13.3.2.5. Other delay and disruption damages shall be compensable hereunder only in the case of delays which entitle DB Contractor to an extension of a Completion Deadline and qualify as a TxDOT-Caused Delays. Without limiting the generality of the foregoing, costs of re-sequencing or rearranging DB Contractor’s work plan to accommodate TxDOT-Directed Changes not associated with an extension of a Completion Deadline shall not be compensable hereunder.
View Source
Limitation on Delay and Disruption Damages. Delay damages shall be compensable hereunder only in the case of delays to the extent that they entitle the Contractor to an extension of a Completion Deadline and result from the following (and no other delays):  A written order designated to be a directive letter under the “Authority-Directed Changes” clause (Section 17.1.1) of the General Provisions.  A suspension for convenience under the “Suspension for Convenience” clause (Section 39.2) of the General Provisions.  Failure of the Authority to provide access to the real property identified in the ROW Acquisition Plan on or before the deadline for such access set forth therein, subject to the requirements of the “Right-of-Way” clause (Section 59) of the General Provisions.  Failure of the Authority to provide responses to proposed schedules, design submittals or other submittals and matters for which response by the Authority is required within the time periods indicated in the Contract Documents. Delay damages are limited to additional field office and jobsite overhead costs incurred by the Contractor directly attributable to the delay of a Completion Deadline. Home office overhead is excluded from delay damages and not compensable under the Contract. Before the Contractor may obtain any increase in the Contract Price to compensate for any delay damages, the Contractor shall have demonstrated to the Authority’s satisfaction that:  The Project schedule in fact sets forth a reasonable method for completion of the Work.  The change in the Work or other event or situation that is the subject of the requested Change Order has caused or will result in an identifiable and measurable delay of the Work and impact the Critical Path affecting a Completion Deadline.  The delay damage was not due to any breach of Contract or fault or negligence, or act or failure to act of any Contractor-Related Entity, and could not reasonably have been avoided by the Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work or other activities unrelated to the Work (subject to reimbursement for additional costs reasonably incurred in connection with such reallocation or redeployment).  The delay for which compensation is sought is not concurrent with any other delay for which the Contractor is not entitled to delay damages.  The Contractor has suffered or will suffer actual costs due to such delay, each of which costs shall be documented in a manner satisfactory to the A...
View Source
Limitation on Delay and Disruption Damages 
View Source

Related to Limitation on Delay and Disruption Damages

  • Limitation on Damages IN NO EVENT SHALL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL BE INTERPRETED AND HAVE EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION.

  • Limitation on Damage In the event of a breach of any provision of this contract by the State, the liability of the State shall be limited to return of the unused initial deposit and unapplied payments to the Purchaser. The State shall not be liable for any damages, whether direct, incidental, or consequential.

  • Limitation on Direct Damages Except for Unlimited Liability above and Partner’s obligations to pay for the Offerings, Partner’s violation of the restrictions on use of Products and Services or Dell or its Affiliates’ intellectual property rights, and to the extent permitted by the applicable local law, Dell’s (including its suppliers’) total liability arising out of any Dispute or any matter under the Agreement, is limited to the lower amount of either (a) the amount Partner paid to Dell during the 12 months before the date that the matter or Dispute arose for the Product, Services or both that are the subject of the Dispute; or (b) $1,000,000 USD (or equivalent in local currency) (“Liability Cap”). This excludes amounts received as reimbursement of expenses or payment of taxes. The existence of more than one claim will not increase or otherwise alter these limitations on Dell’s liability. Notwithstanding anything otherwise set forth above, Dell (and its suppliers) shall have no liability for any direct damages resulting from Partner’s use or attempted use of Third-Party Software, Free Software or Development Tools (all defined in the ▇▇▇▇), or Third Party Products.

  • Limitation of Damages SELLER SHALL HAVE NO LIABILITY TO BUYER OR ANY END USER OF GOODS OR SERVICES PROVIDED UNDER A QUOTATION, PURCHASE ORDER, OR ANY OTHER AGREEMENT BETWEEN BUYER AND SELLER WITH RESPECT TO THE SALE OF GOODS OR PROVISION OF SERVICES FOR LOST PROFITS, LOSS OF USE OR DOWNTIME, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY KIND WHETHER ARISING IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS, LOSS OF USE OR DOWNTIME, OR DAMAGES. SELLER’S AGGREGATE AND TOTAL LIABILITY FOR ALL DAMAGES OF ANY NATURE WHATSOEVER TO BUYER AND/OR ANY END USER OF GOODS OR SERVICES PROVIDED UNDER A QUOTATION, PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN BUYER AND SELLER SHALL BE LIMITED TO AND IN NO EVENT SHALL EXCEED THE TOTAL PRICE PAID BY BUYER FOR SUCH GOODS AND SERVICES. BUYER HEREBY EXPRESSLY WAIVES ITS RIGHT TO ASSERT A CLAIM OR DEFENSE FOR RECOUPMENT AND/OR SETOFF, EQUITABLE OR OTHERWISE, WHEN BUYER’S UNDERLYING CLAIM WOULD BE BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS PERIOD.

  • Limitation of Liability and Damages NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purpose.