Good Cause Exception Clause Samples
A Good Cause Exception clause allows a party to deviate from certain contractual obligations or deadlines if they can demonstrate a valid, justifiable reason. In practice, this clause typically requires the party seeking the exception to provide evidence or documentation supporting their claim of good cause, such as unforeseen circumstances or events beyond their control. Its core function is to introduce flexibility into the agreement, ensuring that parties are not unfairly penalized for situations that could not reasonably have been anticipated or avoided.
Good Cause Exception. On subcontracts for services (not solely materials, suppliers, truckers), if the Contractor has "good cause" to withhold a subcontractor’s progress payment (bonded or unbonded subcontractors) or retainage (unbonded subcontractors), identify the cause for withheld payment, the payment amount, and the anticipated payment date, writing this information on the "Certificate for Subcontract Work and Payment", KDOT Form No. 1010 or by entering in CRL. If the Engineer determines the Contractor has "good cause" for a withheld payment, the Engineer will not impose sanctions on the Contractor. A Contractor’s lack of funds to pay is not "good cause" for withheld payment.
Good Cause Exception. If the Contractor has “good cause” to delay or withhold a Subcontractor’s or Supplier’s, as applicable, progress payment, the Contractor shall notify the Principal Representative and the Subcontractor or Supplier, as applicable, in writing within seven days after receiving payment from the Principal Representative. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the Subcontractor or Supplier, as applicable, must meet to receive payment. “Good cause” shall include, but not be limited to, the failure of the Subcontractor or Supplier, as applicable, to make timely submission of required paperwork.
Good Cause Exception. On subcontracts for services (not solely materials, suppliers, truckers), if the Contractor has "good cause" to withhold a subcontractor’s progress payment (bonded or unbonded subcontractors) or retainage (unbonded subcontractors), identify the cause for withheld payment, the payment amount, and the anticipated payment date, writing this information on the "Certificate for Subcontract Work and Payment", KDOT Form No. 1010 or by entering in CRL. If the Engineer determines the Contractor has "good cause" for a withheld payment, the Engineer will not impose sanctions on the Contractor. A Contractor’s lack of funds to pay is not "good cause" for withheld payment.
1. Minimize the width of disturbance in grass and woody vegetation to the minimal needed, as opposed to using a standard width. Disturb only what is necessary for safety and work to be done.
2. Minimize vehicle or equipment staging areas or use an existing one or an area already clear of vegetation, such as a crop field or existing parking area. Do not clear, level, doze, gravel, or implement other soil disturbance areas to establish a staging area in grass or woody vegetation.
3. Minimize access roads needed to implement construction or use existing roads or trails. Only construct one lane roads. Do not implement soil disturbing measures to construct road as a standard, only use the amount of roads necessary to complete the project. Minimize dirt movement or leveling in areas where actually needed.
4. Remove excavated soil as carefully as possible, with as little mixing as possible; set aside and do not disturb. When replacing excavated material, avoid over-compacting the soil. Avoid compacting at all where possible.
5. Upon completion of construction in areas where native vegetation has been disturbed, replant these areas with native vegetation as soon as practical for the species to be utilized, whether grasses, ▇▇▇▇▇, ▇▇▇▇▇ species, or a combination of several vegetation types.
6. Do not use heavy equipment to disk, till, or otherwise disturb the soil in order to plant. If possible, seed or plant manually or use small equipment and only disturb the top two to three inches.
7. Use biodegradable ▇▇▇▇▇ rather than silt fencing for erosion control as needed.
8. Limit or avoid using gravel, as beetles typically will not use rocky soil.
9. Do not repeatedly drive vehicles or heavy equipment on any areas of grass or woody vegetation that are not necessary for project completion.
10. Provide fill dirt, if...
Good Cause Exception. The Attorney General has determined that there is good cause for publishing this as an interim rule. Law enforcement authorities need access to the benefits provided in this legislation, which cannot be conferred without these regulatory provisions and the guidance, controls, and structure they afford. Since prior notice and public comment with respect to this interim rule are impracticable and contrary to the public interest under these circumstances, there is good cause under 5 U.S.C. 553 to make it effective upon publication. We will consider comments received within 60 days of publication of this interim rule in the Federal Register .