AMD 1996 Annual Report Download - page 117

shall prepare a Schedule Recovery Plan for COMPANY'S approval to recover the
time lost as a result of such force majeure for COMPANY'S approval. If COMPANY
approves such Schedule Recovery Plan, COMPANY shall pay the additional
Reimbursable Costs incurred in carrying out such Schedule Recovery Plan, and the
Budgeted Cost of the Work shall be increased by the amount of such additional
Reimbursable Costs.
14.3.2 STANDARD FOR APPROVING EXTENSIONS OF TIME. No extension of time
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shall be granted to CONTRACTOR for delays that do not affect the critical path
set forth in the Project Schedule nor for delays caused by CONTRACTOR'S
mismanagement or caused by the willful act or neglect of CONTRACTOR, its
subcontractors or vendors or any of their respective officers, agents or
employees. Changes in the Project Schedule shall be effected only by approved
Change Order in accordance with Section 10.3 above.
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14.4 DELAYS AND ADDITIONAL COSTS.
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14.4.1 ADDITIONAL COSTS CAUSED BY COMPANY'S DELAY OR BY FORCE MAJEURE.
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COMPANY shall pay additional Reimbursable Costs incurred by CONTRACTOR and
caused by COMPANY'S delay only if COMPANY'S delay affects the critical path set
forth in the then current Project Schedule. The Budgeted Cost of the Work shall
not be adjusted for any delay caused by COMPANY except in accordance with
Section 14.4.2. COMPANY shall pay additional Reimbursable Costs incurred by
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CONTRACTOR and caused by force majeure except to the extent that the delay
resulting from the force majeure event is caused by CONTRACTOR, any
subcontractor or vendor or any of their respective agents or representatives.
The Budgeted Cost of the Work shall be increased by the amount of additional
Reimbursable Costs incurred for any delay caused by force majeure, except to the
extent that the delay resulting from the force majeure event is caused by
CONTRACTOR, any subcontractor or vendor or any of their respective officers,
agents, representatives or employees.
14.4.2 NOTICE OF CLAIM FOR DELAY. If CONTRACTOR intends to file a claim
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for an increase in the Budgeted Cost of the Work for a delay caused by COMPANY
that affects the critical path, CONTRACTOR shall file a notice of claim with
COMPANY within seven (7) working days of the beginning of the occurrence or
event giving rise to such delay. The notice of claim shall be in duplicate, in
writing, shall state the circumstances and the reasons for the claim, and shall
provide a Rough Order of Magnitude ("ROM") for the amount of the claim. No
claim for an increase in the Budgeted Cost of the Work will be considered unless
the notices from CONTRACTOR required by Section 14.3 have been delivered, and a
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notice of claim has been filed with COMPANY in writing. CONTRACTOR and COMPANY
shall act reasonably in presenting and satisfying any such claim. Any increase
in the Budgeted Cost of the Work shall be implemented by an approved Change
Order.
14.4.3 LIMITATION ON COSTS. In no event shall CONTRACTOR be entitled to
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collect or recover any costs, damages, losses, or expenses incurred by reason of
any delay other than delay caused by COMPANY in accordance with this Section
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14.4 or as agreed upon by COMPANY and CONTRACTOR pursuant to Section 10.3.
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14.4.4 DELAYS BY COMPANY IN GRANTING APPROVALS. In the event COMPANY
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fails to respond to any Design Documents within the time period prescribed by
Section 5.6.2 or delays in granting or denying its approval beyond the time
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period prescribed by Section 9.2 or COMPANY'S Inspector fails to approve or
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disapprove inspected materials within the time period prescribed by Section 11.6
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or COMPANY otherwise fails to grant or deny its consent or fails to approve or
disapprove within any other time period prescribed by this Agreement, then (i)
CONTRACTOR shall have the right to give COMPANY'S Representative (or COMPANY'S
Inspector where COMPANY'S Inspector has caused
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Source: ADVANCED MICRO DEVIC, 10-K, March 20, 1997