No Damage for Delay. Notwithstanding anything to the contrary in the Contract Documents, in the event that OWNER should choose to grant an extension in any time allowed for completion of any stage of construction as set forth in the Progress Schedule to be provided by CONTRACTOR pursuant to Article 7, or if OWNER should choose to make any changes to the Agreement Period in order to allow CONTRACTOR more time to complete the Authorized Work, said extension, if granted, shall be the sole and exclusive remedy of CONTRACTOR for any; (1) delay in the commencement, prosecution or completion of the Authorized Work; (2) hindrance or obstruction in the performance of the Authorized Work; (3) loss of productivity; or (4) other similar claims (collectively referred to in this Article as “Delays”) whether or not such Delays are foreseeable. In no event shall CONTRACTOR be entitled to any compensation or recovery of any damages, lost opportunity, costs impact damages, or other similar remuneration. OWNER’S exercise of any of its rights or remedies under this Agreement (including, without limitation, ordering changes in the Authorized Work, or directing suspension, rescheduling or correction of the Authorized Work or terminating this Agreement for its convenience), regardless of the extent of OWNER’S exercise of such rights or remedies, shall not be construed as active interference to CONTRACTOR’S performance of the Authorized Work.
Appears in 2 contracts
Sources: Building Construction Contract, Building Construction Contract