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<br />Attachment D <br />Standard Provisions and Assurances <br /> <br />42.2.1. <br /> <br />42.2.2. <br /> <br />The delay or failure was beyond the control of the party affected and <br />not due to its fault or negligence. <br /> <br />The delay or failure was not extended because of the affected <br />party's failure to use all diligence to overcome the obstacle or <br />resume performance immediately after the obstacle was overcome. <br /> <br />42.3. No time extension shall be granted under this Article unless the party seeking <br />relief has notified the other in writing within a reasonable time after <br />commencement of the event, of the anticipated length and cause of the delay, <br />the measures taken or to be taken to minimize the delay, and the timetable by <br />which the CONTRACTOR intends to implement these measures. The party <br />seeking relief shall also give written notice of the ending of the event within a <br />reasonable time after the event has ended. <br /> <br />42.4. The ATCOG shall be responsible for costs related to a force majeure event only <br />if they are incurred by the CONTRACTOR after the prior written request by the <br />ATCOG Project Representative, to incur such costs in connection with any force <br />majeure event. Neither the A TCOG nor the CONTRACTOR shall have, and both <br />hereby waive, any claim whatever for any damages resulting from delays caused <br />by force majeure events. <br /> <br />43.0. SCHEDULE OF REMEDIES AVAILABLE TO THE ATCOG <br /> <br />43.1. In accordance with Chapter 2259, Texas Government Code, the following <br />Schedule of Remedies applies to this contract in the event of substandard <br />performance or other failure to conform to the requirements of the contract or <br />applicable law as set forth in this Section. <br /> <br />43.1.1. <br /> <br />43.1.2. <br /> <br />43.1.3. <br /> <br />43.1.4. <br /> <br />43.1.5. <br /> <br />Reject substandard performance and request corrections without <br />charge to the A TCOG. <br /> <br />Issue notice of substandard performance or other non-conforming <br />act or omission. <br /> <br />Request and receive return of any over payments or inappropriate <br />payments. <br /> <br />Reject reimbursement request and suspend payment pending <br />accepted revision of substandard performance or non-conformity. <br /> <br />Suspend all or part of the work and/or payments pending accepted <br /> <br />58 <br />