Non-Compensable Excusable Delay Sample Clauses

Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors; (ii) is caused by circumstances beyond the control of County or Consultant; or
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Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, material persons, suppliers and vendors; (ii) is caused by circumstances beyond the control of the County; or (iii) is caused jointly or concurrently by Contractor or its subcontractors, material persons, suppliers or vendors and by the County or Consultant, then Contractor shall be entitled to a time extension equal to the actual number of days delayed on the critical path. Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for change in Contract Time pursuant to Section 9.1. These time extensions are justified only when rain or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of Work identified on the accepted schedule or updates resulting in Contractor being unable to work at least fifty (50%) of the normal workday on controlling items of Work identified on the accepted schedule or updates due to adverse weather conditions.
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Non-Compensable Excusable Delay. When Excusable Delay is not due solely to fraud, bad faith or active interference on the part of CITY or its agents, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay.
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Non-Compensable Excusable Delay. When Excusable Delay is not due solely to fraud, bad faith or active interference on the part of CITY or its agents, then Construction Manager shall be entitled only to a time extension and no further compensation for the delay, other than Construction Manager’s reimbursement of Construction Manager’s General Conditions within the Guaranteed Maximum Price.
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Non-Compensable Excusable Delay. When Excusable Delay is caused by circumstances beyond the control of CONTRACTOR, its Subcontractors, material persons, suppliers and vendors, and is also caused by circumstances beyond the control of the COUNTY, PMO, CPM or Consultant, then CONTRACTOR shall be entitled to a time extension equal to the actual number of work days delayed on the critical path of the accepted schedule. The CONTRACTOR’s General Conditions and CONTRACTOR’s Management Services costs associated with such time extension shall be considered Cost of the Work, but in no case shall CONTRACTOR be entitled to any increase in GMP nor any damages for the delay. Such costs may be compensated by a CPEAM transfer of COUNTY’s Contingency to the CONTRACTOR’s General Conditions or CONTRACTOR’s Management Services, fixed fee not included, at the CA’s sole discretion.
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Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of the DBT, its Subconsultants/Subcontractors, material persons, suppliers and vendors, and is also caused by circumstances beyond the control of the COUNTY or (ii) is caused jointly or concurrently by the DBT or its Subconsultants/Subcontractors, material persons, suppliers or vendors and by the COUNTY or Consultants, then the DBT shall be entitled to a time extension equal to the actual number of days delayed on the critical path. The extended General Conditions costs associated with such time extension will in no case entitle the DBT to an increase the Lump Sum Amount, nor any damages for the delay.
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Non-Compensable Excusable Delay. 40.7.1 Contractor shall be entitled only to a time extension and no further compensation for Non-Compensable Excusable Delay.
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Related to Non-Compensable Excusable Delay

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Compensable Work-Related Injury or Illness Leave An employee who sustains a work-related illness or injury that is compensable under the state workers’ compensation law may select time-loss compensation exclusively or leave payments in addition to time-loss compensation. Employees who take sick leave, vacation leave or compensatory time during a period in which they receive time-loss compensation will receive full sick leave, vacation leave or compensatory time pay in addition to any time-loss payments. Notwithstanding Section 18.1, of Article 18, Leave Without Pay, the Employer may separate an employee in accordance with Article 31, Reasonable Accommodation and Disability Separation.

  • Unavoidable Delay When construction is impeded as a result of strikes, lockouts, acts of God or other factors beyond the control, and ability to remedy, of the Developer.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Termination for Force Majeure In the event of a force majeure that lasts longer than thirty (30) days from the date that a Party claiming relief due to the force majeure event gives notice to the other Party, the Party not claiming relief under the force majeure event may terminate this Agreement upon written notice to the other Party. For the avoidance of doubt, the COVID-19 pandemic does not constitute a force majeure event.

  • Compensable Rock CAUTION: No rock for which extra compensation is expected to be received shall be removed except pursuant to and in conformity with a written authorization or order of the Owner. Unless otherwise provided in the Bid Documents, no removal of rock as defined herein shall be included in the Bid. Shale, rottenstone, or stratified rock that can be loosened with a pick or removed by a hydraulic excavator equivalent to a Caterpillar Model 215, a single engine pan (Caterpillar 621 or equivalent) that is pushed by a crawler tractor (Caterpillar D-8K or equivalent), or similar equipment shall not be classified as rock.

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