Unimark EC3000 Series Especificaciones descargar pdf (Pagina 33)

AIMS System and Services Agreement Page 33 of 60

16.9 No Damages for Delay.

No claim for damages or any claim, other than for an extension of time, shall be

made or asserted against County by reason of any delays except as provided

herein. Contractor shall not be entitled to an increase in the Contract price or

payment or compensation of any kind from County for direct, indirect,

consequential impact or other costs, expenses or damages, including but not

limited to costs of acceleration or inefficiency, arising because of delay,

disruption, interference or hindrance from any cause whatsoever, whether such

delay, disruption, interference or hindrance be reasonable or unreasonable,

foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,

that this provision shall not preclude recovery of damages by Contractor for

actual delays due solely to fraud, bad faith or active interference on the part of

County or the Consultant or its Contractor Administrator or designee. Otherwise,

Contractor shall be entitled only to extensions of the Contract time as the sole

and exclusive remedy for such resulting delay, in accordance with and to the

extent specifically provided above.

16.10 Excusable Delay; Compensable; Non-Compensable.

16.10.1 Excusable Delay. Delay which extends the completion of the work and

which is caused by circumstances beyond the control of Contractor or its

subcontractors, suppliers or vendors are Excusable Delay. Contractor is

entitled to a time extension of the Contract time for each day the work is

delayed due to Excusable Delay. Contractor shall document its claim for

any time extension as provided in this Article 16. Failure of Contractor to

comply with this Article 16 as to any particular event of delay shall be

deemed conclusively to constitute a waiver, abandonment or

relinquishment of any and all claims resulting from that particular event

of delay. Excusable Delay may be compensable or non-compensable:

16.10.2 Compensable Excusable Delay. Excusable Delay is compensable

when (i) the delay extends the Contract time, (ii) is caused by

circumstances beyond the control of the Contractor or its subcontractors,

suppliers or vendors, and (iii) is caused solely by fraud, bad faith or

active interference on the part of County or its agents. In no event shall

Contractor be compensated for interim delays which do not extend the

Contract time. Contractor shall be entitled to its direct costs for

Compensable Excusable Delay. Direct costs recoverable by Contractor

shall be limited to its actual additional costs.

16.10.3 Non-Compensable Excusable Delay When Excusable Delay is

(i) caused by circumstances beyond the control of Contractor, its

subcontractors, suppliers and vendors, and is also caused by

circumstances beyond the control of the County or its Consultant, or

Contract Administrator or designee or (ii) is caused jointly or concurrently

Exhibit 3

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Unimark EC3000 Series Especificaciones Pagina 33