Common use of Interim Delay Clause in Contracts

Interim Delay. (a) Failure of the Vendor to complete the Work necessary to achieve each of the Project Milestones applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________]; provided that no such Interim Delay Penalty will be due if the delay is directly and expressly attributable solely to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (as set forth on Exhibit A1) will be [__________]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System. (b) To the extent that the Vendor is responsible for Interim Delay Penalties pursuant to subsection 15.2(a) such penalties will be credited back to the Vendor by the Owner to the extent that (i) the Vendor successfully achieves the Interim Milestone subject to delay within thirty (30) days of the date scheduled therefore pursuant to the terms hereof and Exhibit A and (ii) such interim delay does not otherwise materially adversely affect the Owner, such PCS System or PCS Sub-System and/or the System as a whole. Any such reimbursement will be credited back to the Vendor such that the Interim Delay Penalty otherwise offset against the relevant Substantial Completion payment in accordance with subsection 15.2(a) above will be added back to such Substantial Completion payment to be made to the Vendor by the Owner.

Interim Delay. (a) Failure of the Vendor to complete the Work ------------- necessary to achieve each of the Project Milestones applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), ) on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________[ ]; provided that no such Interim Delay -------- ---- Penalty will be due if the delay is directly and expressly attributable solely to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (as set forth on Exhibit A1) will be [__________[ ]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System. (b) To the extent that the Vendor is responsible for Interim Delay Penalties pursuant to subsection 15.2(a) such penalties will be credited back to the Vendor by the Owner to the extent that (i) the Vendor successfully achieves the Interim Milestone subject to delay within thirty (30) days of the date scheduled therefore pursuant to the terms hereof and Exhibit A and (ii) such interim delay does not otherwise materially adversely affect the Owner, such PCS System or PCS Sub-System and/or the System as a whole. Any such reimbursement will be credited back to the Vendor such that the Interim Delay Penalty otherwise offset against the relevant Substantial Completion payment in accordance with subsection 15.2(a) above will be added back to such Substantial Completion payment to be made to the Vendor by the Owner.

Interim Delay. (a) Failure Subject to the terms of this Contract, failure ------------- of the Vendor to complete the Work necessary to achieve each of the Project Milestones set forth in Exhibit A1 applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________[ ]; provided that no such -------- ---- Interim Delay Penalty will be due if the delay is directly and expressly attributable solely primarily to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (each of Project Milestones M3 and M4 as set forth on Exhibit A1) A will be [__________[ ]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System. (b) To the extent that the Vendor is responsible for Interim Delay Penalties pursuant to subsection 15.2(a) such penalties will be credited back to the Vendor by the Owner to the extent that (i) the Vendor successfully achieves the Interim Milestone subject to delay within thirty (30) days of the date scheduled therefore therefor pursuant to the terms hereof and Exhibit A and (ii) such interim delay does not otherwise materially adversely affect the Owner, such PCS System or PCS Sub-System and/or the System as a whole. Any such reimbursement will be credited back to the Vendor such that the Interim Delay Penalty otherwise offset against the relevant Substantial Completion payment in accordance with subsection 15.2(a15.1(a) above will be added back to such Substantial Completion payment to be made to the Vendor by the Owner. Interim Delay Penalties applicable to Interim Milestones M6 and M7 within any PCS System in any Non-Designated System Area may be assessed on the earliest date any such Interim Delay Penalties may be retroactively calculated in accordance with subsection 2.7(b).