Owner-Caused Delay Sample Clauses

Owner-Caused Delay. In the event of (i) any interruption or delay in the Project Schedule directly caused by Owner’s failure to perform any of its other obligations under this Agreement or (ii) Contractor’s receipt of an order or instruction from Owner to suspend the Work (each, an “Owner-Caused Delay”), Contractor shall provide prompt written notice to Owner describing the particulars of such delay or failure including an estimation of the expected duration and the probable impact on the performance of Contractor’s obligations hereunder. An Owner-Caused Delay shall entitle Contractor to a Scope Change in accordance with Article 9, but only to the extent that such Owner-Caused Delay causes or contributes to a delay in Contractor’s performance of the Work.

Owner-Caused Delay. As Contractor’s sole remedy for the occurrence of an Owner-Caused Delay, and provided that Contractor has otherwise materially complied with the applicable provisions of Section 10.2 and Section 10.3, Contractor shall be entitled to an extension to the Construction Schedule (including to the Guaranteed Dates) to the extent of the Actual Delay in accordance with Section 9.3. If Contractor’s costs increase despite Contractor’s reasonable efforts to mitigate any such increases pursuant to Section 10.3, the Contract Price shall be increased by the Direct Costs incurred by Contractor as a direct result of such Owner-Caused Delay.

Owner-Caused Delay. Design-Builder shall provide notice of an Owner caused delay within forty-eight (48) hours of first experiencing such Owner-Caused Delay. The amount of any claim for damages asserted by

Owner-Caused Delay. A delay in Contractor’s performance of any milestones or activities which is caused by: (a) failure by Owner or any Owner Controlled Subcontractor to timely perform any of Owner’s undertakings or obligations hereunder, including Owner’s obligation to provide the Owner Provided Work meeting the requirements of this Contract at the time set forth in the Key Date Schedule; or (b) Owner’s failure to either (i) fulfill any of the conditions precedent under Section 8.1.3 for the Full Notice to Proceed Date or (ii) to issue a second limited notice to proceed in a form mutually agreed in accordance with the LNTP Agreement, in either case on or before April 30, 2008. Subject to Section 8.1.4, for purposes of a Change In Work resulting from any Owner Caused Delay described in this clause (b) the Substantial Completion Guaranteed Date and all other Contractor milestones in the Key Date Schedule shall be extended by the LNTP Delay Period, and, if the LNTP Delay Period is determined to be the period described under clause (c) or (d) of the definition thereof, the Contract Price shall be adjusted in accordance with rises in the PPI Index “Finished Goods Less Food” from the index published for December, 2007 until the index published in respect of the month in which the Full Notice To Proceed Date occurs (it being understood that the Contract Price shall not be adjusted as a result of any such Owner Caused Delay if the corresponding LNTP Delay Period is determined to be the period described under clause (a) or (b) of the definition thereof).

Owner-Caused Delay. Subject to Subparagraph 5.3.2, if the commencement and/or progress of the Subcontract Work is delayed without the fault or responsibility of the Subcontractor, the time for the Subcontract Work shall be extended by Subcontract Change Order, to the extent obtained by the Contractor under the Subcontract Documents, and the Progress Schedule shall be revised accordingly.

Owner-Caused Delay. 8.2.1 Without limiting the definition of Owner-Caused Delays, notwithstanding anything in this Agreement to the contrary, in any case where this Agreement states that Owner “shall cause” the Other Owner Contractors to take or not to take a certain action, the Parties agree that if the Owner fails to meet that obligation, such failure shall exclusively constitute an Owner- Caused Delay and shall not constitute an Owner Event of Default, and Contractor’s sole and exclusive remedies as a result thereof will be as set forth in this Section 8.2 and Section 9.5.1(c).

Owner-Caused Delay. A delay in Contractor’s performance of the Work which is actually and demonstrably caused by Owner’s failure to perform any covenant of Owner hereunder or interference or delay by Owner or its contractors; provided, however, Owner Caused Delay shall exclude: (a) any delay caused by Force Majeure;

Owner-Caused Delay. In the event that Supplier claims that an Owner-Caused Delay has occurred, Supplier shall provide a written notice to Owner promptly after the occurrence of such alleged Owner-Caused Delay (such occurrence, the “Owner-Caused Delay Event”), and in no event more than seven (7) days after Supplier becomes aware of the Owner-Caused Delay Event. As soon as practicable, but in no event more than fifteen (15) days after delivery of the original written notice, Supplier shall provide to Owner with a second written notice describing the details and impact of the Owner-Caused Delay Event, including an estimation of its expected duration and probable impact on the Contract Price and schedule for performance of Supplier’s obligations under this Agreement and documentation substantiating such claimed impact. In the event of an Owner-Caused Delay Event that causes a demonstrable and substantiated impact to Contract Price or schedule, Supplier shall be entitled to a Change Order in accordance with the provisions of Article 8. If Supplier fails to provide the original written notice to Owner within the required time therefor, then Supplier waives the right to make a claim for Owner-Caused Delay. For the avoidance of doubt, Supplier’s recovery for Owner-Caused Delay shall be limited to demonstrable and substantiated impacts on the Contract Price and/or schedule.

Owner-Caused Delay. In the event Contractor desires to claim an Owner-Caused Delay, Contractor shall within five (5) Business Days after it becomes aware of the Owner-Caused Delay, give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Within ten (10) days after initial notification, Contractor shall (i) provide to Owner demonstrable proof of the occurrence and duration of such Owner-Caused Delay and, if requested by Owner, such proof shall be provided, and in any event verified, by an independent third party reasonably acceptable to Owner and Contractor at the sole cost and expense of the Owner (in the event that the independent third party verifies Contractor’s assertions) or the Contractor (in all other cases). So long as the conditions set forth in this Section 8.3 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Critical Milestone on or before the Critical Milestone Date therefor to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay; (ii) Contractor provides timely notice of the Owner-Caused Delay, and (iii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay; provided, however, any out-of-pocket costs incurred by the Contractor in connection with rendering such assistance shall be reimbursed by Owner. In the event Contractor desires to claim an Owner-Caused Delay, it must submit a request for Scope Changes pursuant to Section 9.6 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of any of the Critical Milestone Dates) together with demonstrated, justified and reasonable additional costs, including but not limited to, idle equipment costs, incurred by reason of such delay to the extent of the impact of the Owner-Caused Delay pursuant to a Scope Change Order in accordance with Article IX. Failure to comply with the terms of this Section 8.3 shall constitute a waiver of any claims for an Owner-Caused Delay. The Parties acknowledge that O...