Common use of Performance by Contractor Clause in Contracts

Performance by Contractor. (a) Time is of the essence in the performance of all Project Work and the Contractor shall perform all of the requirements hereof with all possible dispatch and shall execute all Project Work in such a manner as not to delay any other contractor or ODR also performing or concurrently performing Project Work. The Contractor shall follow the progress of the project, be prepared to commence and complete the Project Work when notified, keep up with the general progress of the whole Project Work and shall be responsible for all damages caused by its delay, including liquidated damages or actual damages assessed under the terms of the Contract Documents which are attributable to work under this MASTER AGREEMENT. (b) Should the Contractor's performance of the Project Work be delayed by any acts of a subcontractors or suppliers not retained by Contractor, and provided that ODR is able to obtain an extension of time under the Contract Documents, the Contractor shall receive an equitable extension of time for the performance the Project Work (not to exceed the time received by ODR from the Owner) but shall not be entitled to any increase in contract price, damages or additional compensation as a consequence of such delays, unless the Owner pays for such delay’s increases costs directly attributable to Contractor. Within five (5) days after the commencement of any delay caused by the Owner, its subcontractors or suppliers, the Contractor shall notify ODR in writing of any delays for which the Owner is responsible, in sufficient time so that its claim may be timely processed against the Owner administratively per the terms of the Contract Documents. (c) Contractor shall furnish adequate on-site supervision for its Project Work. Contractor shall designate an on-site representative who shall have authority to legally bind Contractor to all matters, contractually or otherwise. (d) Contractor shall not start work until all Contract Documents have been executed and all insurance certificates have been submitted, reviewed and accepted by ODR as required by Section 10 herein, at which time a Notice to Proceed will be issued. The Contractor shall notify the ODR prior to commencing any Project Work.

Performance by Contractor. (a) Time is of the essence in the performance of all Project Work and the Contractor shall perform all of the requirements hereof with all possible dispatch and shall execute all Project Work in such a manner as not to delay any other contractor or ODR also performing or concurrently performing Project Work. The Contractor shall follow the progress of the project, be prepared to commence and complete the Project Work when notified, keep up with the general progress of the whole Project Work and shall be responsible for all damages caused by its delay, including liquidated damages or actual damages assessed under the terms of the Contract Documents which are attributable to work under this MASTER AGREEMENTJOC. (b) Should the Contractor's performance of the Project Work be delayed by any acts of a subcontractors or suppliers not retained by Contractor, and provided that ODR is able to obtain an extension of time under the Contract Documents, the Contractor shall receive an equitable extension of time for the performance the Project Work (not to exceed the time received by ODR from the Owner) but shall not be entitled to any increase in contract price, damages or additional compensation as a consequence of such delays, unless the Owner pays for such delay’s increases costs directly attributable to Contractor. Within five (5) days after the commencement of any delay caused by the Owner, its subcontractors or suppliers, the Contractor shall notify ODR in writing of any delays for which the Owner is responsible, in sufficient time so that its claim may be timely processed against the Owner administratively per the terms of the Contract Documents. (c) Contractor shall furnish adequate on-site supervision for its Project Work. Contractor shall designate an on-site representative who shall have authority to legally bind Contractor to all matters, contractually or otherwise. (d) Contractor shall not start work until all Contract Documents have been executed and all insurance certificates have been submitted, reviewed and accepted by ODR as required by Section 10 herein, at which time a Notice to Proceed will be issued. The Contractor shall notify the ODR prior to commencing any Project Work.

Performance by Contractor. (a) Time is of the essence in the performance of all Project Work and the Contractor shall perform all of the requirements hereof with all possible dispatch and shall execute all Project Work in such a manner as not to delay any other contractor or ODR also performing or concurrently performing Project Work. The Contractor shall follow the progress of the project, be prepared to commence and complete the Project Work when notified, keep up with the general progress of the whole Project Work and shall be responsible for all damages caused by its delay, including liquidated damages or actual damages assessed under the terms of the Contract Documents which are attributable to work under this MASTER AGREEMENTMaster Agreement. (b) Should the Contractor's performance of the Project Work be delayed by any acts of a subcontractors or suppliers not retained by Contractor, and provided that ODR is able to obtain an extension of time under the Contract Documents, the Contractor shall receive an equitable extension of time for the performance the Project Work (not to exceed the time received by ODR from the Owner) but shall not be entitled to any increase in contract price, damages or additional compensation as a consequence of such delays, unless the Owner pays for such delay’s increases costs directly attributable to Contractor. Within five (5) days after the commencement of any delay caused by the Owner, its subcontractors or suppliers, the Contractor shall notify ODR in writing of any delays for which the Owner is responsible, in sufficient time so that its claim may be timely processed against the Owner administratively per the terms of the Contract Documents. (c) Contractor shall furnish adequate on-site on‐site supervision for its Project Work. Contractor shall designate an on-site on‐site representative who shall have authority to legally bind Contractor to all matters, contractually or otherwise. (d) Contractor shall not start work until all Contract Documents have been executed and all insurance certificates have been submitted, reviewed and accepted by ODR as required by Section 10 herein, at which time a Notice to Proceed will be issued. The Contractor shall notify the ODR prior to commencing any Project Work.