Suspensions and Delays Clause Samples

Suspensions and Delays a. If the performance of all or any part of the Work of this Agreement is unreasonably suspended, delayed, or interrupted solely by: 1. An order or act of the Owner’s Representative in administering this Agreement; or 2. By a failure of the Owner’s Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Private Entity; then the Private Entity may request an equitable adjustment to the amount and/or time due under this Agreement due to any increased costs directly caused by the delay or interruption (including the direct costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by such suspension, delay, or interruption. However, no adjustment may be made under this Section 10.5.a. for any delay or interruption of performance that has been delayed or interrupted in any way by the action, omission, fault or negligence of the Private Entity or those providing Work through Private Entity. b. A claim under this clause will not be allowed for any costs incurred before the Private Entity has notified the Owner’s Representative in writing of the act or failure to act involved, or if Private Entity has failed to follow the procedures of Article XVII, Section 17.5 of this Agreement for such claim.
View SourceView Similar (7)
Suspensions and Delays. If the performance of all or any part of the Work is unreasonably suspended, delayed, or interrupted by: An order or act of the Owner’s Representative in administering this Agreement; or By a failure of the Owner’s Representative to act within the time specified in this Agreement or within a reasonable time so as not to delay the Work of the Contractor; then the Contractor may request an equitable adjustment to the Reimbursable Costs payable under this Agreement due to any increased costs caused by the delay or interruption (including the costs incurred during any suspension or interruption), and in the schedule and any other contractual term or condition affected by the suspension, delay, or interruption. However, no adjustment may be made under this Section 10.5.a. for any delay or interruption to the extent that performance would have been delayed or interrupted by the fault or negligence of the Contractor or those providing work through Contractor. A claim under this clause will not be allowed for any costs incurred before the Contractor has notified the Owner’s Representative in writing of the act or failure to act involved, or if Contractor has failed to follow the procedures of Article XVII, Section 17.5 of this Agreement for such claim.
View Source

Related to Suspensions and Delays

  • Longer Delays May Apply We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons: • We believe a check you deposit will not be paid. • You deposit checks totaling more than $5,525 on any one day. • You re-deposit a check that has been returned unpaid. • You have overdrawn your account repeatedly in the last six (6) months. • There is an emergency, such as failure of communications or computer equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

  • ADDITIONS AND DELETIONS The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas.

  • Debarment and Suspension A. The Contractor certifies by entering into this Contract that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. B. The Contractor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Contractor shall immediately notify the State if any subcontractor becomes debarred or suspended, and shall, at the State’s request, take all steps required by the State to terminate its contractual relationship with the subcontractor for work to be performed under this Contract.