Common use of Recovery and Recovery Schedule Clause in Contracts

Recovery and Recovery Schedule. If, at any time (i) the CPM Schedule shows that any activity on a critical path of the CPM Schedule is delayed such that Substantial Completion is forecasted to occur twenty (20) or more Days after the applicable Guaranteed Substantial Completion Date or a Milestone is forecasted to occur twenty (20) or more Days after the applicable Milestone Date, (ii) Contractor fails to provide a current updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Substantial Completion is forecasted to occur twenty (20) or more Days after the applicable Guaranteed Substantial Completion Date or a Milestone is forecasted to occur twenty (20) or more Days after the applicable Milestone Date or (iii) Contractor fails to achieve a Milestone within twenty (20) Days after the applicable Milestone Date, and, in each such circumstance, Contractor or any of its Subcontractors or Sub-subcontractors are responsible for such delay, then Owner may order that Contractor provide a recovery schedule (“Recovery Schedule”) for Owner’s written approval as soon as reasonably possible, but no later than twenty (20) Business Days after such order. If Owner disapproves the Recovery Schedule then Contractor shall, as soon as reasonably possible, but no later than twenty (20) Business Days after such disapproval, provide a new Recovery Schedule for Owner’s written approval. The Recovery Schedule shall (a) represent Contractor’s best judgment as to how it shall regain compliance with the Milestone Dates, within a time period acceptable to Owner and (b) include detailed information (in at least the same level of detail as the Milestone Dates) in a form reasonably satisfactory to Owner to demonstrate the ability of Contractor to regain compliance with the Milestone Dates within a time period acceptable to Owner. Contractor shall perform the Work in accordance with the Owner approved Recovery Schedule.

Recovery and Recovery Schedule. If, at any time (i) the CPM Schedule shows that any activity on a critical path of the CPM Schedule is delayed such that Substantial Completion is forecasted to occur twenty ten (2010) or more Days after the applicable Guaranteed Substantial Completion Date or a Milestone is forecasted to occur twenty ten (2010) or more Days after the applicable Milestone Date, (ii) Contractor fails to provide a current updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on a critical path is delayed such that Substantial Completion is forecasted to occur twenty ten (2010) or more Days after the applicable Guaranteed Substantial Completion Date or a Milestone is forecasted to occur twenty ten (2010) or more Days after the applicable Milestone Date or (iii) Contractor fails to achieve a Milestone within twenty ten (2010) Days after the applicable Milestone Date, and, in each such circumstance, Contractor or any of its Subcontractors or Sub-subcontractors are responsible for such delay, then Owner may order that Contractor provide a recovery schedule (“Recovery Schedule”) for Owner’s written approval as soon as reasonably possible, but no later than twenty ten (2010) Business Days after such order. If Owner disapproves the Recovery Schedule then Contractor shall, as soon as reasonably possible, but no later than twenty ten (2010) Business Days after such disapproval, provide a new Recovery Schedule for Owner’s written approval. The Recovery Schedule shall (a) represent Contractor’s best judgment as to how it shall regain compliance with the Milestone Dates, within a time period acceptable to Owner and (b) include detailed information (in at least the same level of detail as the Milestone Dates) in a form reasonably satisfactory to Owner to demonstrate the ability of Contractor to regain compliance with the Milestone Dates within a time period acceptable to Owner. Contractor shall perform the Work in accordance with the Owner approved Recovery Schedule.