Common use of Timetables Clause in Contracts

Timetables. 9.1 the Contractor shall perform its commitments pursuant to this Agreement whilst meeting the timeframes specified with respect to each milestone in the general project timetable set forth in Section 13.1.1 of the Specifications (hereinafter “General Project Timetable”) and the detailed schedules with respect to each Performance Phase that will be appended to these General Terms as Appendices U(1-3) following ISR’s approval of the detailed timetable in accordance with the Specifications (hereinafter “Detailed Project Timetable(s)”)(General Project Timetable and Detailed Project Timetable(s) shall be referred to above and below and collectively and individually as “Timetable(s)”). It is hereby clarified that until ISR has approved the Detailed Project Timetable with respect to a particular Performance Phase of the Project, in accordance with the Specifications, the General Project Timetable shall apply. In case of a discrepancy between the General Project Timetable and the Detailed Project Timetable in relation to a particular Performance Phase (subject to ISR's explicit approval of the Detailed Project Timetable), the aforesaid Detailed Project Timetable shall prevail. It is further clarified that time is of the essence in this Agreement, and failure to meet the times specified for completion of the milestones set forth in Appendix K attached to these General Terms shall be deemed a material breach of the Agreement and shall, without derogating from any other right and/or remedy available to ISR pursuant to this Agreement and/or at law, entitle ISR to liquidated damages in accordance with Section 31 below. It is hereby clarified that nothing in this provision shall be construed as derogating from Section 5.1 above. 9.2 In the event that ISR reasonably doubts that the Contractor can fully and timely meet its obligations pursuant to this Agreement, without derogating from any other remedy available to ISR pursuant to this Agreement and/or applicable law, the Contractor undertakes, at its expense and responsibility, to increase the resources and inputs invested by it, as required, in order to meet the Timetable and work plan and all other obligations pursuant to this Agreement. The above includes acquisition of knowledge and/or services at the Contractor’s expense, from third parties in Israel and/or abroad (in accordance with, and subject to, the provisions of this Agreement), if in ISR's opinion, the Contractor does not have sufficient knowledge, experience, and/or abilities required. In the event that the Contractor did not acquire such knowledge as aforesaid, ISR may approach the relevant parties and acquire such knowledge, at the Contractor’s expense (including by setting off amounts due to the Contractor by ISR pursuant to this Agreement), provided that ISR provided Contractor with written notice and the Contractor did not acquire the requisite knowledge within 30 days from receipt of such notice. It is hereby clarified that nothing in this sub-provision shall derogate from any of the Contractor’s obligations and from its sole liability for the Project’s success, including its obligation to meet the Timetables. 9.3 Without derogating from the Contractor’s obligations, in accordance with Section

Appears in 3 contracts

Sources: General Terms Agreement, Design–build Agreement, General Terms