Common use of Extraordinary Measures Clause in Contracts

Extraordinary Measures. In the event Owner determines that the performance of the Services has not progressed or reached the level of completion required by the accepted Schedule and does not constitute an Excusable Delay, the Owner shall have the right to order the Engineer to implement corrective measures within ten (10) calendar days of Owner’s written demand, to expedite the progress of Services, including, without limitation, (1) working overtime, (2) supplying additional personnel or Consultants for the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Services complies with the stage of completion required by the Schedule. The Engineer shall not be entitled to an adjustment in compensation in connection with the Extraordinary Measures required by the Owner pursuant to this Section. The Owner may exercise the rights furnished the Owner pursuant to this Section as frequently as the Owner deems necessary to ensure that the Engineer’s performance of Services will comply with the Schedule. If the Engineer fails to implement or commence Extraordinary Measures within ten (10) calendar days of Owner’s written demand, Owner shall have the right to terminate the Engineer for cause.

Appears in 9 contracts

Samples: Agreement for Engineering Services, Agreement for Engineering Services, Agreement for Engineering Services

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Extraordinary Measures. In the event Owner determines that the performance of the Services has not progressed or reached the level of completion required by the accepted Schedule and does not constitute an Excusable Delay, the Owner shall have the right to order the Engineer to implement corrective measures within ten (10) calendar days of Owner’s written demand, to expedite the progress of Services, including, without limitation, (1) working overtime, (2) supplying additional personnel or Consultants for to perform the Work Services or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Services complies with the stage of completion required by the Schedule. The Engineer shall not be entitled to an adjustment in compensation in connection with the Extraordinary Measures required by the Owner pursuant to this Section. The Owner may exercise the rights furnished the Owner pursuant to this Section as frequently as the Owner deems necessary to ensure that the Engineer’s performance of Services will comply with the Schedule. If the Engineer fails to implement or commence Extraordinary Measures within ten (10) calendar days of Owner’s written demand, Owner shall have the right to terminate the Engineer for cause.

Appears in 1 contract

Samples: Agreement for Engineering Services

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Extraordinary Measures. In the event Owner determines that the performance of the Services has not progressed or reached the level of completion required by the accepted Schedule and does not constitute an Excusable Delay, the Owner shall have the right to order the Engineer Architect to implement corrective measures within ten (10) calendar days of Owner’s written demand, to expedite the progress of Services, including, without limitation, (1) working overtime, (2) supplying additional personnel or Consultants for the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Services complies with the stage of completion required by the Schedule. The Engineer Architect shall not be entitled to an adjustment in compensation in connection with the Extraordinary Measures required by the Owner pursuant to this Section. The Owner may exercise the rights furnished the Owner pursuant to this Section as frequently as the Owner deems necessary to ensure that the EngineerArchitect’s performance of Services will comply with the Schedule. If the Engineer Architect fails to implement or commence Extraordinary Measures within ten (10) calendar days of Owner’s written demand, Owner shall have the right to terminate the Engineer Architect for cause.

Appears in 1 contract

Samples: burbank.granicus.com

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