Owner-Caused Delay. 8.2.1 Without limiting the definition of Owner-Caused Delays, notwithstanding anything in this Agreement to the contrary, in any case where this Agreement states that Owner “shall cause” the Other Owner Contractors to take or not to take a certain action, the Parties agree that if the Owner fails to meet that obligation, such failure shall exclusively constitute an Owner- Caused Delay and shall not constitute an Owner Event of Default, and Contractor’s sole and exclusive remedies as a result thereof will be as set forth in this Section 8.2 and Section 9.5.1(c).
Owner-Caused Delay. As Contractor’s sole remedy for the occurrence of an Owner-Caused Delay, and provided that Contractor has otherwise materially complied with the applicable provisions of Section 11.2 and Section 11.3, Contractor shall be entitled to an extension to the Construction Schedule (including to the Guaranteed Dates) to the extent of the Actual Delay in accordance with Section 10.3. If Contractor’s costs increase despite Contractor’s reasonable efforts to mitigate any such increases pursuant to Section 11.3, the Contract Price shall be increased by the Direct Costs incurred by Contractor as a direct result of such Owner-Caused Delay.
Owner-Caused Delay. In the event of (i) any interruption or delay in the Project Schedule directly caused by Owner’s failure to perform any of its other obligations under this Agreement or (ii) Contractor’s receipt of an order or instruction from Owner to suspend the Work (each, an “Owner-Caused Delay”), Contractor shall provide prompt written notice to Owner describing the particulars of such delay or failure including an estimation of the expected duration and the probable impact on the performance of Contractor’s obligations hereunder. An Owner-Caused Delay shall entitle Contractor to a Scope Change in accordance with Article 9, but only to the extent that such Owner-Caused Delay causes or contributes to a delay in Contractor’s performance of the Work.
Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, Contractor shall give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Contractor shall provide to Owner reasonable evidence of the occurrence and duration of such Owner-Caused Delay. So long as the conditions set forth in this Section 8.1.9 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Guaranteed Completion Date if and to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay, and (ii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, it shall be entitled to a Scope Change pursuant to Section 9.10 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of the Guaranteed Completion Dates), together with an increase in the Agreement Price equal to its demonstrated, justified and reasonable additional costs incurred by reason of such delay plus an aggregate amount of ten percent (10%) for overhead and profit, to the extent agreed upon by both Parties pursuant to a Scope Change Order in accordance with Article 9.
Owner-Caused Delay. Design-Builder shall provide notice of an Owner caused delay within forty-eight (48) hours of first experiencing such Owner-Caused Delay. The amount of any claim for damages asserted by
Owner-Caused Delay. A delay in Contractor’s performance of any milestones or activities which is caused by:
Owner-Caused Delay. In the event Contractor desires to claim an Owner-Caused Delay, Contractor shall within five (5) Business Days after it becomes aware of the Owner-Caused Delay, give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Within ten (10) days after initial notification, Contractor shall (i) provide to Owner demonstrable proof of the occurrence and duration of such Owner-Caused Delay and, if requested by Owner, such proof shall be provided, and in any event verified, by an independent third party reasonably acceptable to Owner and Contractor at the sole cost and expense of the Owner (in the event that the independent third party verifies Contractor’s assertions) or the Contractor (in all other cases). So long as the conditions set forth in this Section 8.3 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Critical Milestone on or before the Critical Milestone Date therefor to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay; (ii) Contractor provides timely notice of the Owner-Caused Delay, and (iii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay; provided, however, any out-of-pocket costs incurred by the Contractor in connection with rendering such assistance shall be reimbursed by Owner. In the event Contractor desires to claim an Owner-Caused Delay, it must submit a request for Scope Changes pursuant to Section 9.6 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of any of the Critical Milestone Dates) together with demonstrated, justified and reasonable additional costs, including but not limited to, idle equipment costs, incurred by reason of such delay to the extent of the impact of the Owner-Caused Delay pursuant to a Scope Change Order in accordance with Article IX. Failure to comply with the terms of this Section 8.3 shall constitute a waiver of any claims for an Owner-Caused Delay. The Parties acknowledge that O...
Owner-Caused Delay. A delay in Contractor’s performance of the Work which is actually and demonstrably caused by Owner’s failure to perform any covenant of Owner hereunder or interference or delay by Owner or its contractors; provided, however, Owner Caused Delay shall exclude: (a) any delay caused by Force Majeure;
Owner-Caused Delay. If Contractor is actually delayed in its performance of the Work by the actions or omissions of the Owner (excluding Owner’s good faith exercise of rights and remedies provided under the Contract), or by changes ordered with respect to the Work, and if Contractor is able to prove that it has used all reasonable means to avoid or minimize the effects of the delay, then Contractor’s guaranteed completion dates shall be equitably adjusted to reflect the impacts of such Owner-caused delays. Owner may, at its discretion, in lieu of granting an extension of time, require Contractor to regain the schedule whereby Owner shall compensate Contractor for all additional costs reasonably incurred thereby. No adjustment under this Article shall be made for any delay to the extent that it is caused or contributed to by Contractor or performance would have otherwise been delayed by any other cause, including the fault or negligence of Contractor.
Owner-Caused Delay. Any of the following events or circumstances, to the extent having an actual and adverse effect upon the Program Manager's ability, despite the exercise of Prudent Practices in its performance of the Services hereunder, to meet the Guaranteed RFS Date and/or the Target Cost, shall constitute Owner-Caused Delay (each such event or circumstance, an "Owner-Caused Delay") subject to the equitable relief provisions of Section 10 hereof:
