Common use of DELAY IN PERFORMANCE Clause in Contracts

DELAY IN PERFORMANCE. Neither OWNER nor ENGINEER shall be considered in default of this AGREEMENT for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this AGREEMENT, such circumstances include, but are not limited to abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot and other civil disturbances; strikes, work slowdowns and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or SERVICES required to be provided by either OWNER or ENGINEER under this AGREEMENT. Should such circumstances occur the non-performing party shall, within a reasonable period after being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENT.

DELAY IN PERFORMANCE. Neither OWNER nor ENGINEER CONSULTANT shall be considered in default of this AGREEMENT for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this AGREEMENT, such circumstances include, but are not limited to abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot and other civil disturbances; strikes, work slowdowns and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or SERVICES required to be provided by either OWNER or ENGINEER CONSULTANT under this AGREEMENT. Should such circumstances occur the non-performing party shall, within a reasonable period after being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENT.

DELAY IN PERFORMANCE. Neither OWNER COUNTY nor ENGINEER I&L shall be considered in default of this AGREEMENT Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this AGREEMENTAgreement, such circumstances include, but are not limited to to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot , riots, and other civil disturbances; strikes, lockouts, work slowdowns slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state, state or federal agency for any of the supplies, materials, accesses, or SERVICES services required to be provided by either OWNER COUNTY or ENGINEER I&L under this AGREEMENTAgreement. Should such circumstances occur occur, the non-performing nonperforming party shall, within a reasonable period after time of being prevented from performing, give written notice to the other party party, describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENTperformance.

DELAY IN PERFORMANCE. Neither OWNER Owner nor ENGINEER Engineer shall be considered in default of this AGREEMENT Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this AGREEMENTAgreement, such circumstances include, but are not limited to to, abnormal weather conditions; floods; , earthquakes; , fire; epidemics; war; riot , riots, and other civil disturbances; strikes, lockouts, work slowdowns slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or SERVICES services required to be provided by either OWNER Owner or ENGINEER Engineer under this AGREEMENTAgreement. Should such circumstances occur occur, the non-performing nonperforming party shall, within a reasonable period after time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENTAgreement.

DELAY IN PERFORMANCE. A. Neither OWNER [PRIME] nor ENGINEER Subconsultant shall be considered in default of this AGREEMENT Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this AGREEMENTAgreement, such circumstances include, but are not limited to to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot , riots, and other civil disturbances; strikes, lockouts, work slowdowns slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state, state or federal agency for any of the supplies, materials, accesses, or SERVICES services required to be provided by either OWNER [PRIME] or ENGINEER Subconsultant under this AGREEMENT. Agreement. B. Should such circumstances occur occur, the non-performing nonperforming party shall, within a reasonable period after time of being prevented from performing, give written notice to the other party party, describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENTperformance.

DELAY IN PERFORMANCE. A. Neither OWNER Owner nor ENGINEER HNTB shall be considered in default of this AGREEMENT Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this AGREEMENTAgreement, such circumstances include, but are not limited to to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot , riots, and other civil disturbances; strikes, lockouts, work slowdowns slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or SERVICES services required to be provided by either OWNER Owner or ENGINEER HNTB under this AGREEMENTAgreement. HNTB shall be granted a reasonable extension of time for any delay in its performance caused by any such circumstances. B. Should such circumstances occur occur, the non-performing nonperforming party shall, within a reasonable period after time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENTAgreement.