Effect of Excusable Delay i. If an Excusable Delay causes a delay, then any scheduled delivery date(s) for Products or performance dates for milestones, as well as any final completion date for Install Services will be extended by the period of time that the non-performing Party is actually delayed, or for any other period as the Parties may agree in writing. The additional costs incurred by Honeywell as a result of any Excusable Delay event shall be subject to the adjustment procedures set forth in Section 10 (Changes).
ii. When performance is excused, Honeywell may allocate its services or its supplies of materials and Products in any manner that is fair and reasonable. However, Honeywell will not be obligated to obtain Services, materials or Products from other sources or to allocate materials obtained by Honeywell from third parties for Honeywell's internal use. Should any part of the system or any equipment in each case that are related to the Services be damaged by fire, water, lightning, acts of God, the presence of hazardous substances or mold, third parties, or any other cause beyond the control of Honeywell, any repairs or replacement shall be paid for by Buyer.
iii. For the avoidance of doubt, there need not be an Excusable Delay to invoke Section 8 (Economic Surcharges). In the event that an Excusable Delay event is ongoing for a period of time which is ninety (90) days or longer, Honeywell may provide notice to Buyer that it is cancelling any affected outstanding Orders or affected portion thereof with no liability to Honeywell.
Effect of Excusable Delay. Whenever a period of time is herein prescribed for the taking of any action by Landlord or Tenant, the party taking such action shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to Excusable Delay.
Effect of Excusable Delay. Each extension for Excusable Delay shall cause all future dates in the Schedule of Performance (in each case as they may otherwise be extended), although Vertical Developer shall not be entitled (A) to abandon any portion of the Property that it owns or where it has Commenced Construction without first taking appropriate measures to leave the Property in good and safe condition, (B) to extend the Outside Dates for the Complete Construction of the Improvements on which Vertical Developer has Commenced Construction to the extent that Excusable Delay is not related to such activities, (C) to cease paying taxes or assessments on any real property it owns within the Property, (D) to avoid or delay its payment obligations under Article 10 or elsewhere in this Agreement (except to the extent that such payments are tied to the Outside Dates for the Complete Construction of the Improvements or are otherwise expressly affected by Excusable Delay).
Effect of Excusable Delay. Each extension for Excusable Delay shall cause all future dates in the Schedule of Performance to be extended by the period of the Excusable Delay (in each case as they may have otherwise been extended). An extension for Excusable Delay shall not entitle Vertical Developer (A) to abandon any portion of the Property that it owns or where it has Commenced Construction without first taking appropriate measures to leave the Property in good and safe condition, (B) to extend the Outside Dates for the Complete Construction of the Improvements on which Vertical Developer has Commenced Construction to the extent that Excusable Delay is not related to such activities, (C) to cease paying taxes or assessments on any real property it owns within the Property, (D) to avoid or delay its payment obligations under Article 10 or elsewhere in this Agreement (except to the extent that such payments are tied to the Outside Dates for the Complete Construction of the Improvements or are otherwise expressly affected by Excusable Delay).
Effect of Excusable Delay. In the event of any Excusable Delay, the time for performance of the activity or obligation affected by the Excusable delay shall, subject to the terms of Subsection 14.1(b), be extended by a period of time reasonably necessary to compensate for such delay. Nothing contained in this Section 8.1 shall require any Party to settle any strike, lockout or other labor dispute. Each Party shall give the other Party prompt written notice of any delay which the Party giving notice considers to be an Excusable Delay of its performance. Such notice shall include a particular description of the event, cause or condition giving rise to the purported Excusable Delay, the projected duration of the Excusable Delay and a the mitigation plan to remedy or overcome such event, cause or condition. The suspension of performance shall be of no greater scope and of no longer duration than is required by such event, cause or condition. The non-performing Party shall use best efforts to remedy or overcome such event, cause or condition. Notwithstanding any of the foregoing, neither Party shall, on account of any event, cause or condition that otherwise gives rise to a delay or failure of performance by such Party that constitutes an Excusable Delay, be excused for any amount of time from any of its payment obligations under this Agreement, including, without limitation, the obligations of Seller under Section 5(a).
Effect of Excusable Delay i. If an Excusable Delay causes a delay, then any scheduled delivery date(s) for Products or performance dates for milestones, as well as any final completion date for Install Services will be extended by the period of time that the non-performing Party is actually delayed, or for any other period as the Parties may agree in writing. The additional costs incurred by Honeywell as a result of any Excusable Delay event shall be subject to the adjustment procedures set forth in Section 10 (Changes). ii. When performance is excused, Honeywell may allocate its services or its supplies of materials and Products in any manner that is fair and reasonable. However, Honeywell will not be obligated to obtain Services, materials or Products from other sources or to allocate materials obtained by Honeywell from third parties for Honeywell's internal use. Should any part of the system or any equipment in each case that are related to the Services be damaged by fire, water, lightning, acts of God, the presence of hazardous substances or mold, tedarikçisinin veya satıcısının yükümlülüklerini yerine getirmesini etkileyen veya kısıtlayan yaptırım yasalarının, ihracat/ithalat kontrol yasalarının veya ilgili düzenlemelerin onaylanması, kabul edilmesi, yürürlüğe girmesi veya değiştirilmesi; xi. Herhangi bir Ürünün bağlı olduğu elektrik üretimine ara bağlantılar da dâhil olmak üzere saha koşullarının Honeywell'in teklifindeki varsayımlarla tutarsız olması; xii. Grevler, lokavtlar veya diğer işgücü kesintileri veya xiii. İfa etmeyen Tarafın makul kontrolü dışındaki diğer herhangi bir neden. x. Xxxxx Görülebilir Gecikmenin Sonucu.
Effect of Excusable Delay i. If an Excusable Delay causes a delay, then any scheduled delivery date(s) for Products or performance dates for milestones, as well as any final completion date for Install Services will be extended by the period of time that the non-performing Party is actually delayed, or for any other period as the Parties may agree in writing. The additional costs incurred by Honeywell as a result of any Excusable Delay event shall be subject to the adjustment procedures set forth in Section 10 (Changes). ii. When performance is excused, Honeywell may allocate its services or its supplies of materials and Products in any manner that is fair and reasonable. However, Honeywell will not be obligated to obtain Services, materials or Products from other sources or to allocate materials obtained by Honeywell from third parties for Honeywell's internal use. Should any part of the system or any equipment in each case that are related to the Services be damaged by fire, water, lightning, acts of God, the presence of hazardous substances or mold, tedarikçisinin veya satıcısının yükümlülüklerini yerine getirmesini etkileyen veya kısıtlayan yaptırım yasalarının, ihracat/ithalat kontrol yasalarının veya ilgili düzenlemelerin onaylanması, kabul edilmesi, yürürlüğe girmesi veya değiştirilmesi; xi. Herhangi bir Ürünün bağlı olduğu elektrik üretimine ara bağlantılar da dâhil olmak üzere saha koşullarının Honeywell'in teklifindeki varsayımlarla tutarsız olması; xii. Grevler, lokavtlar veya diğer işgücü kesintileri veya xiii. İfa etmeyen Tarafın makul kontrolü dışındaki diğer herhangi bir neden. x. Xxxxx Görülebilir Gecikmenin Sonucu.
