Adjustments to Times Clause Samples
Adjustments to Times. Any deferral under Section 3.3C(1) or (2) shall result in each Milestone Date, In-Service Date Deadline or other deadline in this Agreement and the Guarantee(s) (including time milestones reflecting limits of liability in the Guarantee(s)) by which performance of SELLER is measured or affected to be deferred by a period equal to the duration of the actual delay (as mutually agreed upon by HELCO and SELLER) incurred by SELLER as a result of such deferral, plus any additional period of time as is reasonably necessary to equitably reflect SELLER's need to cease and restart efforts, as established by documentary evidence, related to such Milestone Date, In-Service Date Deadline, or other deadline, which additional period shall not be less than ninety (90) days. Any obligation of SELLER under this Agreement shall be excused to the extent and for the period that its inability to perform results from the actual delay it incurs as a result of any deferral under Section 3.3C(1) or (2).
Adjustments to Times. Any deferral under Section 3.3(B)(1) (Deferral Of Up To 18 Months) or Section 3.3(B)(2) (Deferral Of Up To 12 Months) shall result in each Milestone Date deadline or time milestone in this Agreement by which performance of Seller is measured or affected to be deferred by a period equal to the duration of the actual delay (as mutually agreed upon by Company and Seller) incurred by Seller as a result of such deferral, including any additional period of time as is reasonably necessary to equitably reflect Seller's need to cease and restart efforts related to such Milestone Dates. Any obligation of Seller under this Agreement shall be excused to the extent and for the period that its inability to perform results from the actual delay it incurs as a result of any deferral under Section 3.3(B)(1) (Deferral Of Up To 18 Months) or Section 3.3(B)(2) (Deferral Of Up To 12 Months).
