TIME AND DELAY Sample Clauses
TIME AND DELAY. 9.1 The CM@Risk and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones for Substantial and Final Completion, in compliance with all contractual time requirements.
9.2 Time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement.
9.3 Failure of the CM@Risk to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in the Agreement. The per diem amount for Liquidated Damages provided for in the Agreement shall be paid for each and every calendar day that the CM@Risk is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem amount is fixed and agreed upon by and between the CM@Risk and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage.
9.4 If CM@Risk is delayed in the performance of the Work, and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s control or prevention and due to no legal fault of its own or those for whom CM@Risk is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk to an extension of the Contract Time(s), include acts or omissions of Owner, o...
TIME AND DELAY. CHANGES TO THE CONTRACT SCOPE, PRICE, TIME AND TERMS
TIME AND DELAY. 5.1 The Supplier must promptly give written notice to Allshelter upon the Supplier becoming aware of any event or circumstance which is causing or is likely to cause delay to:
(a) the delivery of the Goods by the date for their delivery; and/or
(b) the completion of the Services by the date for their supply.
5.2 The notice under clause 5.1 must include such details as reasonably required by Allshelter, including the cause of the delay and the expected delivery date for any affected Goods or Services.
5.3 At any time, Allshelter may in its sole discretion extend the date for delivery of the Goods or the date for supply of the Services.
5.4 If any Goods or Services are not delivered by the applicable date for delivery or supply, or if the Supplier gives a notice under clause 5.1, Allshelter will be entitled to:
(a) receive and accept the Goods or Services from the Supplier at the time actually delivered;
(b) cancel the applicable Purchase Order immediately by notice to the Supplier, without liability to the Supplier (including any liability to pay for any Goods or Services not delivered prior to cancellation of the Purchase Order; or
(c) treat any such failure to supply Goods or Services as a breach of this Agreement for the purposes of clause 17.
TIME AND DELAY.
8.1 Time of the Essence
(1) Time is of the essence in this Contract.
(2) If the parties agree to vary a time requirement, the time requirement so varied is of the essence in this Contract.
(3) An agreement to vary a time requirement must be in writing.
TIME AND DELAY. 10.1. The Company must use reasonable endeavours to perform the Maintenance Services in a timely manner.
10.2. The Company will be entitled to an extension of the period of time to perform the Maintenance Services by a period of not less than the duration of a Delay Event if it has, or is likely to be delayed in performing the Maintenance Services by a Delay Event. Within a reasonable time after the Company becomes aware of a Delay Event, the Company will notify the Buyer of the Delay Event and the new period to perform the Maintenance Services.
10.3. If a Delay Event of the type described in clauses 1.11.1 to 1.11.4 occurs and the Company incurs additional costs (including any delay or disruption costs) in relation to such event, the Company is entitled to claim the additional costs incurred and the Buyer must reimburse the Company the costs claimed.
10.4. The Buyer is not entitled to any damages (including liquidated damages) in respect of any delay or disruption of the Company, including the Company failing to complete the performance of the Maintenance Services in a timely manner.
10.5. Where clause 10.4 is found to be void or unenforceable for any reason, the Company’s aggregate liability arising out of any delay or disruption of the Company, or the Company failing to complete the performance of the Maintenance Services in a timely manner, is limited to 10% of the Price paid by the Buyer for the completed Maintenance Services.
TIME AND DELAY