DELAYS IN WORK Clause Samples

DELAYS IN WORK. If the Contractor is delayed at any time in the progress of the work by any act, authorization, or neglect of the Owner or of the Agency, or by any employee of either, or by any other Contractor employed by the Agency, or by changes ordered in the work, or by bona fide labor disputes, fire, unusual and unforeseeable delays in materials transportation, or by causes beyond the Contractor's control which reasonably justifies the delay, then the time for substantial completion of the work may be extended as determined by the Agency in consultation with the Contractor for such reasonable time as may be necessary to avoid the monetary penalty described in Article X. Such requests or claims for extension shall be submitted in writing to the Agency with a copy to the Contractor prior to the changing the completion date.

DELAYS IN WORK. The Contractor shall be excused for reasonable delays in the performance, in whole or in part, of any contract on the basis of this proposal resulting, in whole or in part, from fire, earthquake or flood, strikes, lockouts or difference with employees, war, riot or embargoes, delays, losses or damages in transportation, shortage of cars, fuel, labor or materials or any cause beyond the control of the contractor. In case of the happenings of any such cause of delay, the time of completion shall be adjusted accordingly.

DELAYS IN WORK. The following shall constitute Tenant Delays to substantial completion of the Work, which Tenant recognizes will delay completion of the Work. (a) Tenant's delay of approving the space plan, the Construction Documents or any revision(s) thereto; or (b) Tenant's delay in approving any pricing schedule or revisions thereto; or (c) Landlord's inability to obtain any materials, finishes, or installations, or complete any construction procedures specially requested by Tenant as part of the Work on a timely basis; or (d) Delay in commencement of any Work on account of Tenant's failure to pay for any portion of the cost of the Work as and when payable by Tenant hereunder; or' (e) Tenant's requested changes in Tenant Work, Space Plan or Construction Documents; or (f) Any other act, omission or delay by Tenant, its agents, contractors or persons employed by any such persons which directly delays the substantial completion of the Work.

DELAYS IN WORK. Owner and Contractor acknowledge that there may be delays that may hinder the progress of the Work, which are beyond the reasonable control of Contractor. Delays may include, but are not limited to: weather, natural disasters, unavailability and delays in materials, acts of building departments and public utility companies, Owner’s actions and omissions, late or non-payment of Contractor’s invoices, access to the Property, different contractors or workmen not hired by Contractor, and other delays. Owner hereby agrees that Contractor is not responsible or liable for these Delays and hereby waives the right to bring any claims or causes of action against Contractor and hereby releases Contractor from any and all claims, causes of action, known or unknown, for any injury or damage incurred as a result of these Delays.

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the term thereof, Tenant's obligation to pay Rent thereunder shall not commence until Landlord shall have substantially completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in substantially completing said Work for any reason set forth in the following subparagraphs (a) through (f) ("Tenant Delay") or for any reason set forth in the following subparagraph (g) ("Force Majeure Delay"), then neither the Commencement Date nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) Tenant's failure to furnish any information required for the completion of Landlord's Work; (b) Tenant's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans); (c) Tenant's changes in the Work or the Plans (notwithstanding Landlord's approval of any such changes); (d) Landlord's determination that base building modifications are necessary in order to accommodate the Work; (e) The entry by Tenant or Tenant's Contractors (as defined in Paragraph 4 below) in or about the Premises or Building; (f) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying substantial completion of the Work; or (g) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.

DELAYS IN WORK. Notwithstanding all provisions herein to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum as a result of any delays in the progress of the Work. The Contractor’s sole remedy for delay shall be an extension of time. If the Contractor, but for a delay not within the Contractor’s control, would have completed the Work prior to the project completion date, the Contractor shall not be entitled to any recovery of damages arising out of any event of delay which prevented such early completion of the Work.