Common use of CAUSE OF DELAY Clause in Contracts

CAUSE OF DELAY. The Delivery Date shall be extended to the extent that the construction of the Vessel or any performance required as a prerequisite of delivery of the Vessel is delayed or prevented due to any force majeure event, that is to say, any extraordinary circumstances or events in or outside Korea such as war or warlike conditions, acts of state or government, blockade, revolution, insurrections, mobilization, civil commotions, riots, import or export bans, statutory contract reduction in working hours, shortage of materials or equipment provided that (i) such materials or equipments at the time of ordering could reasonably be expected by the Builder to be delivered in time and (ii) such orders were actually made in time and (iii) the Builder can show due diligence, strikes, sabotage or lockout, plague or other epidemics, quarantines, prolonged failure of electric current, natural catastrophe, tidal waves, typhoons, flood, unusually severe weather condition, fire, Act of God or any other extraordinary event beyond the control of the Builder, or any such force majeure event affecting major suppliers and/or major subcontractors (including but not limited to delivery being prevented or delayed by delayed deliveries of major parts or important performances by subcontractors due to the aforementioned force majeure events or due to circumstances beyond the suppliers’ and/or subcontractors’ control, bankruptcy or the like) PROVIDED THAT: (i) such delay or event has not been caused by any negligence or intentional act of the Builder or its sub-contractors; and (ii) the Builder shall use all reasonable efforts to prevent or minimise any delay in the construction of the Vessel resulting from such events (including, but without limitation), the obtaining of items from alternative sources and the introduction of overtime).