Common use of Delay or Impossibility of Performance Clause in Contracts

Delay or Impossibility of Performance. Neither party shall be in default under this Agreement if performance is delayed or made impossible by circumstances or causes beyond its reasonable control, including, without limitation, an act of God, flood, fire, governmental action, war, violence, terrorism, failure to cooperate by any third party, or similar events. In each such case, the delay or impossibility must be beyond the reasonable control and without the fault or negligence of the party.

Delay or Impossibility of Performance. Neither party shall not be in default under this Agreement if performance is delayed or made impossible by circumstances or causes beyond its reasonable control, including, without limitation, an act of God, flood, fire, governmental action, war, violence, terrorism, failure to cooperate by any third party, or similar events. In each such case, the delay or impossibility must be beyond the reasonable control and without the fault or negligence of the party. If delay results from a subcontractor’s conduct, negligence or failure to perform, the party shall not be excused from compliance with the terms and obligations of this Agreement.