Common use of PERFORMANCE OF UNCOMPLETED WORK Clause in Contracts

PERFORMANCE OF UNCOMPLETED WORK. 85.1. In completing the whole or any part of the Work under the provisions of Article 80 through Article 86, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s certificate of the cost of completion referred to in Article 83, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.1. 53.1 In completing the whole or any part of the Work under the provisions of Article 80 through Article 86this Chapter X, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s 's certificate of the cost of completion referred to in Article 8351, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.171.1. In completing the whole or any part of the Work under the provisions of Article 80 66 through Article 8672, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s 's certificate of the cost of completion referred to in Article 8369, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.153.1. In completing the whole or any part of the Work under the provisions of Article 80 through Article 86this Chapter X, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s 's certificate of the cost of completion referred to in Article 8351, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.186.1. In completing the whole or any part of the Work under the provisions of Article 80 81 through Article 8687, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s certificate of the cost of completion referred to in Article 8384, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.184.1. In completing the whole or any part of the Work under the provisions of Article 80 79 through Article 8685, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s certificate of the cost of completion referred to in Article 8382, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.171.1. In completing the whole or any part of the Work under the provisions of Article 80 66 through Article 8672, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s certificate of the cost of completion referred to in Article 8369, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.

PERFORMANCE OF UNCOMPLETED WORK. 85.1. 53.1 In completing the whole or any part of the Work under the provisions of Article 80 through Article 86this Chapter X, the Commissioner shall have the power to depart from or change or vary the terms and provisions of this Contract, provided, however, that such departure, change or variation is made for the purpose of reducing the time or expense of such completion. Such departure, change or variation, even to the extent of accepting a lesser or different performance, shall not affect the conclusiveness of the Commissioner’s certificate of the cost of completion referred to in Article 8351, nor shall it constitute a defense to an action to recover the amount by which such certificate exceeds the amount which would have been payable to the Contractor hereunder but for its default.