Causes of Delay. If, at any time after signing this CONTRACT, either the construction or delivery of the VESSEL or any performance required hereunder as a prerequisite to the delivery thereof is delayed by any of the following events, namely: war, acts of state or government, blockade, revolution, insurrections, mobilization, civil commotion, riots or sabotage; strikes, lockouts or other labour disturbances happening generally in the relevant location or industry sector; Acts of God or the public enemy, quarantines, plague or other epidemics; shortage or prolonged failure of electric current, freight embargoes, or shortage of materials, machinery or equipment or an inability to obtain delivery or delays in delivery of materials, machinery or equipment, provided that at the time of ordering the same could reasonably be expected by the BUILDER to be delivered in time; earthquakes, tidal waves, typhoons, hurricanes, prolonged or unusually severe weather conditions; or destruction of the premises or works of the BUILDER or its sub-contractors, or of the VESSEL, or any part thereof, by fire, landslides, flood, lightning or explosion; or delays in the BUILDER's other commitments directly related to the construction activities at the SHIPYARD resulting from any such causes as described in this Paragraph 1, which in turn delay the construction of the VESSEL or the BUILDER's performance under the CONTRACT; or other causes beyond the control of the BUILDER, or its sub-contractors, as the case may be, which are not due to the negligence or default of the BUILDER or its subcontractors using reasonable care; or for any other causes which, under the terms of this CONTRACT, authorise and permit extension of the time for delivery of the VESSEL, then, in the event of delays due to the happening of any of the aforementioned contingencies, the DELIVERY DATE of the VESSEL under this CONTRACT shall be extended for the period of time that the VESSEL is delayed which shall not exceed the total accumulated time of all such delays. The BUILDER shall, however, always do his utmost to minimise the delay in delivery of the VESSEL.
Causes of Delay. The Delivery Date is subject to force majeure reservations. Force majeure shall occur if at any time either the construction of the Vessel or any performance required hereunder as a prerequisite of delivery of the Vessel is delayed due to acts of princes or rulers, war, blockade, revolution, insurrections, mobilization, civil commotions, riots, strikes, lockouts, Acts of God or the public enemy, plague or other epidemics, quarantines, prolonged failure of electric current, freight embargoes, earthquakes, tidal waves, typhoons, hurricanes or by destruction of, or severe damage to, the Vessel or of the works of the Builder or its subcontractors for important parts of the Vessel by fire or flood, defects in materials and equipment (including casting or forging or machining rejects or the like) which could not have been detected by the Builder using reasonable care, or other causes of similar type and quality. Force majeure shall moreover be regarded as occurring if the delivery is prevented or delayed by delayed deliveries of major parts or important performances by subcontractors, where the cause of the delay would be force majeure under this Article if it had affected the Builder, provided that such circumstances shall not constitute force majeure if they arise within two months of the Delivery Date. No event shall be considered to be force majeure unless it is reasonably beyond the control of the Builder or its subcontractors and could not reasonably have been anticipated by the Builder when signing this Contract. In force majeure circumstances, the Builder may (subject as hereinafter provided) require an extension of the Delivery Date by as many working days as the delivery has been delayed on account of such circumstances. However, up to five (5) force majeure events giving rise to delay(s) lasting for only one (1) working day or less shall not be considered as permissible delay. For the purposes of this Article, if any series of force majeure events occur which are due to a single cause, then, in such case, all such events shall be regarded as one event.
Causes of Delay. If, at any time before actual delivery, either the construction of the VESSEL, or any performance required hereunder as a prerequisite of delivery of the VESSEL, is delayed as a result of Acts of God (including fire, flood, tidal waves, earthquake, typhoons, drought or other natural catastrophe), war, invasion, act of foreign or public enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, terrorist activities, blockage, freight embargo, labour dispute, strike, lockout, local outside air temperature higher than 40 degree centigrade, or disaster similar in nature beyond the control of the BUILDER (hereinafter “Force Majeure”) or by destruction of the BUILDER or works of the BUILDER, or of the VESSEL or any part thereof, by Force Majeure or due to the delay caused by Force Majeure in the supply of parts essential to the construction of the vessel, then, in the event of delay due to the happening of any of the aforementioned contingencies, the BUILDER shall not be liable for such delay and the time for delivery of the VESSEL under this Contract shall be extended without any reduction in the Contract Price for a period of time which shall not exceed the total duration of all such delays, subject nevertheless to the BUYER’s right of cancellation under Paragraph 3 of this Article VIII, notwithstanding and accounting for all relevant provisions of this Contract which may additionally constitute extension of the time of delivery of the VESSEL. Any Party asserting Force Majeure as an excuse shall have the onus to show that reasonable steps were taken under the circumstances to prevent and/or minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
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Causes of Delay. If at any time before the DELIVERY of the DRILLSHIP, either the construction of the DRILLSHIP or any performance required hereunder is delayed due to Acts of God; acts of princes or rulers; requirements of government authorities; war or acts of war or preparations therefore; blockade, revolution, insurrections, mobilization of armed forces, civil war, civil commotion or riots; vandalism; sabotage; strikes, lockouts or other labour disturbances by such reasons not related to BUILDER or its AFFILIATES; plague or other epidemics; quarantines; flood, typhoons, hurricanes or cyclonic storms; earthquakes; tidal waves; landslides; fires, lightning strikes, or explosions; embargoes; prolonged failure, shortage or restriction of electric current, oil or gas supplies; and delays in deliveries of major parts (inclusive of the drilling equipment package and the subsea equipment package) or performance of major obligations by subcontractors or suppliers by such causes described herein; then and in any such case, the DELIVERY DATE shall be postponed for such period as the DELIVERY of the DRILLSHIP is delayed thereby.
Causes of Delay. If, at any time before actual delivery of the VESSEL, either the construction of the VESSEL or any performance required as a prerequisite to delivery of the VESSEL is delayed due to Acts of God; acts of princes or rulers; requirements of government authorities; war or other hostilities or preparations
Causes of Delay. If, at any time before the actual delivery, either the construction of the Vessel or any performance required as a prerequisite of delivery of the Vessel are delayed due to Acts of God; acts of princes or rulers; orders by government authorities; war or other hostilities or preparations therefor; blockade; revolution, insurrections, mobilization, civil war, civil commotion or riots; vandalism; sabotages; general or local strikes, lockouts or other labor disturbances (other than strikes, lockouts, or disturbances limited to personnel of Builder or Shipyard); labor shortage (other than labor shortage limited to personnel of Builder or Shipyard); plague or other epidemics; quarantines; flood, typhoons, hurricanes, storms or other weather conditions not included in normal planning; earthquakes; tidal waves; landslides; fires, explosions; embargoes;; import restrictions; prolonged failure, shortage or restriction of electric current, oil or gas supplied to Builder’s premises or the Shipyard; destruction of, or damage to, the Shipyard or premises of Builder, its subcontractors or suppliers, or of or to the Vessel or any part thereof, by any causes herein; or any other events, causes or accidents beyond the reasonable control of either party hereto which, despite the exercise of reasonable efforts by the affected party, makes continuance of construction or performance hereunder impossible, the Delivery Date shall be postponed for a period of time which shall not exceed the total accumulated time of all such delays.
Causes of Delay. If the performance of this Agreement by any party, or of any obligation under this agreement, is prevented, restricted, or interfered with by reason of war, typhoon, revolution, civil commotion, acts of public enemies, blockade, embargo, strikes, lockouts, any law, order, proclamation, regulation, ordinance, demand or requirement having a legal effect of any government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the party affected of its sub-contractor, including weather, then the party so affected shall, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction or interference, provided that the party so affected shall use its best effort to avoid or remove such causes of nonperformance, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Upon such circumstances arising, the parties shall meet forthwith to discuss what (if any) modification maybe required to the terms of this Agreement, in order to arrive at an equitable solution.
Causes of Delay. 1. Any delays in or failure of performance by either Buyer or Builder shall not constitute a default under this Agreement or give rise to any claim for damages if, and to the extent that, any such delay or failure of performance is caused by the occurrence of “Force Majeure”.
Causes of Delay. If, at any time before the actual delivery, either the construction of the Vessel or any performance required as a prerequisite of delivery of the Vessel is delayed due to Acts of God, acts of princes or rulers, intervention of government authorities, war (whether declared or not), blockade, revolution, insurrections, mobilisation, civil commotion, riots, strikes, sabotages, lockouts, labour shortages, (Strikes, sabotages, lockouts and labour shortages occurring strictly at the Builder’s yard shall not be cause for permissible delays) plague, epidemics, fire, flood, typhoons, hurricanes, earthquakes, tidal waves, landslides, explosions, collisions, stranding, embargoes, delays in transportation, unforeseen shortage of materials or equipment, or delay in delivery or inability to take delivery thereof beyond the Builder’s control, prolonged failure or restriction of energy sources including electric current and petroleum, mishaps of casing and/or forging, or by destruction of the Shipyard or works of the Builder or its subcontractors, or of the Vessel or any part thereof by fire, flood, or other causes, or resulting from any such causes hereinabove described which in turn delay the construction of the Vessel or the Builder’s performance under this Contract or causes beyond the reasonable control of the Builder which makes continuance of the performance of the Contract impossible; the Delivery Date shall be postponed for a period of time which shall not exceed the total accumulated time of all such delays.
