Prolonged Delay Sample Clauses
The Prolonged Delay clause defines the rights and obligations of the parties if a project or contractual obligation is delayed beyond a specified period. Typically, this clause sets a threshold for what constitutes a 'prolonged' delay—such as a delay exceeding 30 or 60 days—and outlines the steps that may be taken, such as renegotiation, suspension, or termination of the contract. Its core function is to provide a clear mechanism for addressing significant delays, thereby protecting both parties from indefinite uncertainty and allowing them to manage risk and plan accordingly.
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Prolonged Delay. If after the Purchaser has become entitled pursuant to Clauses 34.1 to damages up to the limit provided under Clause 34.2 or the combined limit provided under Clause 44.3 any part of the Works remains uncompleted, the Purchaser may by notice to the Contractor require him to complete that part and the Contractor shall complete that part in accordance with such notice from the Purchaser. Such notice shall fix a final time for completion, which, shall be reasonable having regard to such delay as has already occurred and to the extent of the work required for completion. If for any reason other than an event of Force Majeure or one for which the Engineer or the Purchaser or some other contractor employed by the Purchaser is responsible the Contractor fails to complete within such time, then the Purchaser may (a) by further notice to the Contractor terminate the Contract and otherwise proceed in accordance with Clause 46.3, or, (b) accept the Plant subject to reaching an agreement on further reduction in Contract Price.
Prolonged Delay. If the Employer has become entitled to the maximum amount for late completion of the Works, the Employer may by further notice to the Contractor either:
a. require the Contractor to complete; or
b. may himself complete at the Contractor’s cost provided he does so in a reasonable manner; or
c. terminate the Contract. If the Employer terminates the Contract, he shall be entitled to recover from the Contactor any loss he has suffered up to the maximum of 120% of the Contract Price, except in the case of Gross Misconduct by the Contractor where the amount shall be 200% of the Contract Price or in the case of fraud of the Contractor where the amount shall be unlimited.
Prolonged Delay. 9.1 The ESCO shall achieve Service Readiness of each Block of the ESCO Works by its relevant Block Completion Date.
9.2 If Service Readiness of any Block has not been attained on or before the relevant Block Completion Date in accordance with paragraph 12 of Part 3 (ESCO Works) of Schedule 7 (Works Obligations), the Developer shall be entitled to, and the ESCO shall pay the Developer’s reasonable costs, losses, expenses and liabilities attributable to such delay (the “Delay Damages”), for each day or on a pro rata basis each part day for the period commencing on the day of the relevant Block Completion Date and expiring on the date of issue of the Practical Completion Certificate for the relevant Block. The Parties acknowledge and agree that such costs, losses, expenses and liabilities may (but will not necessarily) include:
9.2.1 a reduction in the value obtainable on the sale of Units attributable to the unavailability or delay in availability of Heat and the consequent capital cost to the Developer of incorporating or retro-fitting larger plant rooms to house on-site energy;
9.2.2 the cost of a cash shortfall resulting from the delayed sale or inability to let or sell Units attributable to the unavailability or delay in availability of Heat;
9.2.3 costs arising from interruptions to and/ or delays to construction programmes, attributable to the ▇▇▇▇ ▇▇▇▇▇;
9.2.4 costs arising from the temporary re-housing or delayed housing of any Tenants due to the unavailability of Heat in Residential Units;
9.3 For the avoidance of doubt, Delay Damages shall not be payable by the ESCO under this clause 9 where the delay to Service Readiness is caused by the Developer and is outside of the ESCO’s control or is caused by an Force Majeure event or a Compensation Event.
9.4 Where the ESCO fails to achieve Service Readiness of a Block by the relevant Block Completion Date, the ESCO shall have no liability to pay Delay Damages where the ESCO is able to provide alternative temporary heating services to Customers, including by way of a Temporary Heat Solution, provided that:
9.4.1 the temporary heating services satisfy Authorisations;
9.4.2 the temporary heating services allow the ESCO to perform the ESCO Services; and
9.4.3 the supply of Heat and the means of delivering the Temporary Heat Solution is otherwise in accordance with the requirements of this Agreement and the Customer Supply Agreements.
9.5 The ESCO shall pay to the Developer any Delay Damages due and payable pu...
Prolonged Delay. If the Unit Delivery Dates for both Units shall not have occurred by July 30, 2000 and, although Contractor shall have paid Performance Liquidated Damages and Schedule Liquidated Damages, in addition to the liability of the Contractor due to indemnification and third party claims set forth in Article 16 and 18.2, Owner may terminate Contractor's employment and this Contract pursuant to Article 15.1.2(b) and upon such termination, Contractor shall pay an amount up to thirty-five percent (35%) of the total Contract Price and Owner may, at its sole option, draw on the Performance Guarantee and withhold the retainage and may assert such remedies as are set forth in Article 15.1.
Prolonged Delay. If the Buyer has become entitled to the maximum damages for delay pursuant to the operation of Article
6.1. and Article
9.1. of this Part A of the Agreement, the Buyer shall by notice require the Seller to complete Delivery. Such notice shall fix a reasonable final time for completion of the Delivery. If the Seller fails to complete Delivery of the Equipment within such final time, and this is not due to a Force Majeure event or a Buyer Caused Delay, then Buyer may by further notice to the Seller terminate this Part A of the Agreement.
Prolonged Delay. If Buyer has become entitled to the maximum damages for delay pursuant to the operation of Article 5.1. above and Article 8.1. of this Part B of the Agreement, Buyer shall by notice require Servicer to complete the Services. Such notice shall fix a reasonable final time for completion of the Services. If Servicer fails to complete within such final time, and this is not due to a Force Majeure event or a Buyer Caused Delay, Buyer may by further notice to Servicer:
a) require Servicer to complete the Services by fixing a further time for completion thereof;
b) may itself complete the Services at the Servicer’s cost provided that Buyer does so in a reasonable manner and with due professional diligence; or
c) terminate this Part B of the Agreement in connection with the delayed Services only without prejudice to Buyer’s right to seek Delay Liquidated Damages under Article 5.1. (subject to Article 8.1.) of this Part B of the Agreement if the conditions set forth therein are met.