Common use of Delays; Force Majeure Clause in Contracts

Delays; Force Majeure. In the event either party is delayed in the performance of any obligation required by this Agreement, such performance shall be excused (unless the specific provision otherwise provides) for the period of the delay and performance of any such obligation shall be extended for a period equal to the delay, if and only if the delay is by reason of “force majeure”, which used herein shall mean fire, earthquake, hurricane, flood and a similar act of God constituting a natural disaster, explosion, terrorist action, war, executive order of government or similar causes not within the control of the entity being delayed. However, the time for Concessionaire’s performance of any obligation shall not be extended due to any lack of funds, financial or economic problems of either Concessionaire or Concessionaire’s architects, contractors, suppliers, agents, consultants and/or employees. If Concessionaire shall claim a delay due to force majeure, Concessionaire must notify the Director in writing for receipt by the City within 15 days of the first occurrence of an event of force majeure. Such notice must specify in reasonable detail the cause or basis for claiming force majeure and the anticipated delay in Concessionaire’s performance. In no event shall any delay extend Concessionaire’s performance beyond a 75 day period without the specific written approval of the Director. Under no circumstances shall any such condition or delay (unless the specific provision provides for abatement of Rentals), whether such condition or delay is claimed by the City or Concessionaire, excuse or delay Concessionaire’s payment of any Rentals and other charges due hereunder. Further, the City’s reasonable reduction of heat, light, air conditioning or any other services whatsoever to the Terminal, the Airport or the Premises shall not relieve or excuse Concessionaire from any of its obligations hereunder.

Delays; Force Majeure. In Neither Buyer nor Seller shall be responsible or liable for, or deemed in breach of this Agreement because of, any delay in the event performance of their respective obligations pursuant to this Agreement due solely to circumstances beyond the reasonable control and without the fault or negligence of the party experiencing such delay, including, but not limited to, acts of God; unusually severe weather conditions; strikes or other labor difficulties; war; riots; requirements, actions or failures to act on the part of governmental authorities; inability despite due diligence to obtain required permits or licenses; accident; fire; damage to or breakdown of necessary facilities; or transportation delays or accidents (such causes hereinafter called "Force Majeure"); provided, however, the party experiencing the Force Majeure shall exercise due diligence in endeavoring to overcome any Force Majeure impediment to its performance, but settlement of its labor difficulties shall be entirely within its discretion; and provided further that the party experiencing the Force Majeure shall promptly give oral notification to the other party. Such oral notification shall be confirmed in writing within five (5) days after such party has learned of the Force Majeure and every thirty (30) days thereafter, and such written notification shall give a full and complete explanation of the Force Majeure delay and its cause, the status of the Force Majeure, and the actions such party is taking and proposes to take to overcome the Force Majeure. The party experiencing the delay shall undertake reasonable measures to make up for the time lost through delay without additional Compensation. If performance by either party is delayed in due to Force Majeure, the time for that performance of any obligation required by this Agreement, such performance shall be excused (unless the specific provision otherwise provides) for the period of the delay and performance of any such obligation shall be extended for a period equal of time reasonably necessary to overcome the effect of the delay, subject, however, to Buyer's right to terminate this Agreement in whole or in part. Delays Caused by Buyer. - If Buyer delays Seller’s performance, then there shall be an equitable adjustment in the Performance Schedule. If Xxxxxx's performance is delayed due solely to acts constituting intentional interference by Xxxxx, and, if and only if Xxxxx is not excused for such delay pursuant to paragraph A above, there shall be an equitable adjustment in the delay is by reason of “force majeure”, which used herein shall mean fire, earthquake, hurricane, flood and a similar act of God constituting a natural disaster, explosion, terrorist action, war, executive order of government or similar causes not within the control of the entity being delayedCompensation and/or Performance Schedule. However, the time for Concessionaire’s performance of any obligation Seller shall not be extended due entitled to an adjustment in the rate of Compensation for any lack delay caused by Buyer if this Agreement is being performed on a cost reimbursable or time and materials basis. Seller shall give Buyer prompt written notice of fundsthe delay and shall submit a written request for an equitable adjustment in Compensation or Performance Schedule, financial or economic problems both, within ten (10) days after the end of either Concessionaire the delay and shall provide supporting documentation pursuant to the Article entitled Changes. Delays Caused by Seller. - If Seller falls behind schedule to the extent that the completion date or Concessionaire’s architectsany intermediate milestone date is in jeopardy as determined by Buyer, contractorsSeller shall recover the schedule at no additional cost to Buyer. The means for schedule recovery shall include, suppliersbut not be limited to, agentsovertime, consultants and/or employeesincreased xxxxxxx, multiple shifts, additional materials and equipment, or any combination thereof. If Concessionaire Seller shall claim submit a delay due to force majeure, Concessionaire must notify schedule recovery plan that demonstrates that the Director in writing for receipt proposed course of action will ensure that the Work is finished by the City within 15 days of the first occurrence of an event of force majeure. Such notice must specify in reasonable detail the cause or basis for claiming force majeure and the anticipated delay in Concessionaire’s performance. In no event shall any delay extend Concessionaire’s performance beyond a 75 day period without the specific written approval of the Director. Under no circumstances shall any such condition or delay (unless the specific provision provides for abatement of Rentals), whether such condition or delay is claimed by the City or Concessionaire, excuse or delay Concessionaire’s payment of any Rentals and other charges due hereunder. Further, the City’s reasonable reduction of heat, light, air conditioning or any other services whatsoever to the Terminal, the Airport or the Premises shall not relieve or excuse Concessionaire from any of its obligations hereunderscheduled date.