Certain Events Not Excused Clause Samples
The 'Certain Events Not Excused' clause defines specific circumstances under which a party’s obligations under the contract are not waived or excused, even if those events occur. For example, it may state that delays caused by weather, labor disputes, or supply shortages do not relieve a party from performing its contractual duties. This clause ensures that parties remain responsible for fulfilling their obligations despite the occurrence of certain foreseeable or common events, thereby reducing ambiguity and preventing parties from using such events as grounds for non-performance.
Certain Events Not Excused. Notwithstanding that an event of Force Majeure otherwise exists, the provisions of this Clause 49 shall not excuse:
(a) Late payment of money;
(b) Late delivery of equipment or materials or any delay in the Works caused by negligent acts or omissions on the part of the Contractor, or any of its Subcontractors;
(c) Late performance by the Contractor caused by the Contractor's failure to engage qualified sub-contractors and suppliers or to hire an adequate number of personnel or labour;
(d) Submission of documents for approval by GOM or Government of Malaysia Instrumentality at such a time which does not leave sufficient time to permit review thereof;
(e) a labour dispute involving the Contractor and its personnel or its Subcontractors.
Certain Events Not Excused. Notwithstanding that an Event of Force Majeure may otherwise exist, the provisions of this Article XVIII shall not excuse: (a) late delivery of equipment or materials caused by Seller, or caused by any of the subcontractors of Seller if Seller could have avoided such late delivery by exercising all reasonable endeavors as a prudent equipment supplier; (b) late performance by Seller caused by Seller’s failure to engage qualified subcontractors and suppliers or to hire an adequate number of personnel or labor or by inefficiencies on the part of Seller.
Certain Events Not Excused. Notwithstanding that an Event of Force Majeure may otherwise exist and without limiting the generality or effect of any other provision of this Article 17, the provisions of this Article 17 shall not excuse:
(a) late delivery of equipment or materials caused by Contractor, or caused by any of the Subcontractors of Contractor, if Contractor could have avoided such late delivery by exercising all reasonable efforts as a prudent general contractor;
(b) late performance by Contractor resulting from the late performance or default of a vendor or otherwise caused by Contractor's failure to engage qualified Subcontractors and suppliers or to hire an adequate number of personnel or labor or by inefficiencies on the part of Contractor;
(c) delays resulting from reasonably foreseeable unfavorable weather; or
(d) any delay on the part of a party resulting from a cause of delay known by the party to be in existence on the date of this Agreement.