Common use of Acceleration of Performance Clause in Contracts

Acceleration of Performance. 30. If the Owner or the Construction Manager shall desire the Work of the Contractor hereunder to be performed with greater speed than is herein contracted for other than for reasons for which Contractor is responsible in whole or in part, the Contractor shall, without affecting or abridging the rights of the Owner or Construction Manager set forth in any Article hereof, upon receipt of a written order from the Owner or Construction Manager, employ overtime labor as so ordered. Direct cost of the premium time for all labor utilized by the Contractor in such overtime Work as shown on the time slips checked and approved each day by the Owner or Construction Manager shall be paid by Owner to the Contractor, but no profit, overhead, supervision costs, commission or other costs shall be paid and in lieu thereof Contractor shall be paid a ten percent (10%) markup on the direct cost to be paid hereunder. No charges or damages for lost productivity or efficiency shall be permitted, and Contractor has anticipated the risk of same and included all costs associated therewith in the Contract Price.

Appears in 4 contracts

Samples: esd.ny.gov, esd.ny.gov, cdn.esd.ny.gov

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