Progress of the Works Sample Clauses

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Progress of the Works. (a) If at any time the Contractor’s performance falls behind so as to materially affect the Approved Programme, or it becomes clear that it will so fall behind, then the Project Manager may require the Contractor either to take such steps as may be practicable in order to achieve the Approved Programme or to revise the Approved Programme in the light of the circumstances and to re-submit it to it for its approval. If the Project Manager approves the revised programme it shall thereafter become the Approved Programme. (b) Without prejudice to Sub-clause 12.5(a), in the event that the Project Manager decides that the rate of progress by the Contractor in carrying out the Works is likely to prejudice the Contractor’s ability to complete the construction of the Works, or any specified section thereof, in accordance with provisions of Sub-clause 12.3, and that this is due to a cause for which the Contractor is responsible, the Project Manager may give notice to that effect to the Contractor. Following such notice the Contractor shall use its reasonable endeavours to remedy the potential delay at its own cost. (c) If the Project Manager requires the Contractor to revise the Approved Programme and the Contractor fails to submit such revised programme within a reasonable time that complies with the requirements of this Clause 12, or if the Contractor submits a revised programme which the Project Manager is unable to approve for good reason, the Project Manager may instruct the Contractor in writing to make reasonable revisions to the programme submitted or to the Approved Programme (as the case may be), and the Contractor shall forthwith make such revisions and the revised programme shall thereafter be the Approved Programme. (d) The exercise by the Project Manager of its powers under Sub-clauses 12.5(a), 12.5(b) and 12.5(c) shall not affect the Contractor’s liability to the Purchaser for breach of contract and, in particular, the Contractor’s liability to the Purchaser to pay liquidated damages for delayed completion pursuant to Sub- clause 14.1. (e) If the Contractor chooses to accelerate progress neither the Purchaser nor the Project Manager will be obliged to take any action to assist or enable the Contractor to achieve completion before the Anticipated Take-Over Date and the time for the carrying out of the obligations of the Contractor will not be affected.
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Progress of the Works. 19.1.1. Immediately after the date of this Contract, and before possession of site, the Contractor must prepare and submit to the Principal‟s Representative for the Principal Representative‟s approval a construction program for the carrying out of the Works in accordance with this Contract. 19.1.2. None of the Principal‟s Representative or the Project Manager shall be liable for any errors in the Construction Program. 19.1.3. A copy of the Construction Program shall be retained at the Site and the Contractor must note on it the actual progress of the Works and inform the Principal‟s Representative or the Project Manager of any circumstances that might affect the Construction Program or delay completion of the Works by the Date for Practical Completion. 19.1.4. The Contractor must submit regular progress reports to the Principal‟s Representative or the Project Manager containing information on the progress of the Works, labour and materials on Site and details of any information required by the Principal‟s Representative or the Project Manager. 19.1.5. Site meetings must be held by the Contractor as requested by the Principal‟s Representative or the Project Manager. 19.1.6. The Contractor must arrange for a senior member of its staff and the Supervisor to attend all Site meetings. 19.1.7. The Contractor must maintain a complete copy of the drawings and specifications and Construction Program at the Site at all times during all phases of the Works. 19.1.8. The Principal‟s Representative or the Project Manager will produce minutes of all Site meetings and distribute copies to the Principal, the Contractor and other interested parties as soon as possible after the meeting. 19.1.9. Where appropriate, the minutes of Site meetings shall be regarded as written instructions by the Principal‟s Representative and/or the Project Manager to the Contractor and the provisions of clause 17.1.2 shall apply.
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Progress of the Works. If the Employer’s Agent instructs the Contractor in writing to temporarily suspend all or part of the Works, the Contractor shall immediately (provided the Works have been made safe) suspend such part of the works notified to it until it receives an instruction from the Employer’s Agent to proceed with the suspended part of the Works. The Contractor shall use its reasonable and proper efforts to mitigate the effects of any consequential delay and disruption. If the Employer’s Agent instructs in writing the Contractor not to carry out all or any part of the Works which the Employer’s Agent reasonably believes will cause a disturbance to the guests of the Employer or adjacent occupiers, the Contractor shall not perform such part of the Works during such times as are contained in the instruction. The Employers Agent shall instruct the lifting of this restriction in writing. The Contractor shall use its reasonable and proper efforts to mitigate the effects of any consequential delay or disruption.
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Progress of the Works. Including but not limitation, The Employer may in its absolute discretion and from time to time issue instructions to the Contractor in connection with the following and such instructions shall be complied with by the Contractor forthwith: (a) the method or manner of the execution, doing or performance of the Work under the Contract generally and each part thereof; (b) the suspension of the Work under the Contract or any part thereof; (c) the time or times within which the Work or any part thereof is to be commenced and/or completed; (d) the time or times when and the manner in which the Work under the Contract is to be done or performed or is not to be done or performed; (e) control/limitation of blasting activities during adverse weather conditions, such as high winds, atmospheric inversions, low cloud cover or when within close proximity to the public; (f) control/limitation of any activities in case of emergency or by safety and environmental reasons; (g) any written records data and information which the Employer requires the Contractor to keep and maintain and which shall be available for inspection and copying by the Employer at the Site at all reasonable times; and (h) statistics, which the Employer is, or may be, required to report to relevant authorities. Notwithstanding, anything else herein contained the Employer shall have absolute discretion on a day-to- day basis over the Work in respect of: • the location of blasting, excavation, dumping, material placement; • the quantity of hard rock to be blasted; and • other necessary related to the Work. The Contractor shall at its own cost and expense and with all reasonable expedition re-perform or remedy any part of the Work which, in the opinion of the Employer, is defective or is not executed in accordance with the Contract and/or the Employer's instructions and the Employer shall be under no obligation to make any payment to the Contractor for any such re- performance or remedial Work.
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Progress of the Works. If the Contract Administrator instructs the Contractor in writing to temporarily suspend all or part of the Works, the Contractor shall immediately (provided the Works have been made safe) suspend such part of the works notified to it until it receives an instruction from the Contract Administrator to proceed with the suspended part of the Works. The Contractor shall use its reasonable and proper efforts to mitigate the effects of any consequential delay and disruption. If the Contract Administrator instructs in writing the Contractor not to carry out all or any part of the Works which the Contract Administrator reasonably believes will cause a disturbance to the guests of the Employer or adjacent occupiers, the Contractor shall not perform such part of the Works during such times as are contained in the instruction. The Contract Administrator shall instruct the lifting of this restriction in writing. The Contractor shall use its reasonable and proper efforts to mitigate the effects of any consequential delay or disruption.
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Related to Progress of the Works

  • SCOPE OF THE WORK The Contractor shall furnish all the materials, perform all of the Work, and do all things required by the Contract Documents.

  • Procurement of the Site (i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site (hereinafter referred to as the “Handover Memorandum”). Subject to the provisions of Clause 8.2 (iii), the Handover Memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been given to the Contractor along with details of hindrances in the Construction Zone. For sake of clarity the Handover Memorandum shall clearly specify the parts of Site where work can be executed. Signing of the Handover Memorandum, in three counterparts (each of which shall constitute an original), by the authorized representatives of the Authority, Contractor and Authority’s Engineer shall be deemed to constitute a valid evidence of giving the Right of Way to the Contractor for discharging its obligations under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. (ii) Whenever the Authority is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, of the proposed date and time such of hand over. The Authority Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site so handed over. The signing of the memorandum, in three (3) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Right of Way to the Contractor. If the contractor fails to join for site inspection or disputes the parts of the site available for work, the Authority’s Engineer shall decide the parts of the site where work can be executed and notify to both the parties within 3 days of the proposed date of inspection. The parties agree that such notification of the Authority’s Engineer as mentioned hereinabove shall be final and binding on the parties. (iii) The Authority shall provide the Right of Way to the Contractor in respect of all land included in the Appendix by the date specified in Schedule-A for those parts of the Site referred to therein, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Contractor, it shall pay to the Contractor, Damages in a sum calculated in accordance with Clause 8.3. The Contractor agrees that it shall not be entitled to claim any other damages on account of any such delay by the Authority. (iv) Notwithstanding anything to the contrary contained in this Clause 8.2, the Authority shall specify the parts of the Site, if any, for which Right of Way shall be provided to the Contractor on the dates specified in Schedule-A. Such parts shall also be included in the Appendix prepared in pursuance of Clause 8.2 (i). (v) The Authority further acknowledges and agrees that prior to the Appointed Date, it shall have procured issuance of the statutory notification under Applicable Laws for vesting of all the land comprising the Project in the Authority and has taken possession of area for Construction Zone for at least 90% (ninety per cent) of the total length of the Project Highway. The Parties also acknowledge and agree that the conditions specified in this Clause 8.2 (iii) shall not be modified or waived by either Party. (vi) For the avoidance of doubt, the Parties expressly agree that the Appendix shall in no event contain sections of the Project Highway the cumulative length of which exceeds 10% (ten percent) of the total length of the Project Highway. (vii) Pursuant to signing of Handover Memorandum under clause 8.2 (i), Contractor shall submit to the Authority’s Engineer, a monthly land possession report till expiry of 180 (one hundred and eighty) days from Appointed Date, in respect of those parts of the site to which vacant access and right of way was not given to the contractor and included in Appendix to the memorandum signed under clause 8.2 (i), duly specifying the part of the site, if any, for which the right of way is yet to be handed over.

  • Completion of the Work The Contractor must obtain Material Completion as defined in Section 6.1.2 below prior to any occupancy of the Project.

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.