Common use of Effect of Excusable Delay Clause in Contracts

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. 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.'s 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. 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 moldmould, 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. 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. Also for the avoidance of doubt, if the delays arre attributable to the Company, included but no limited to the Subsection v., x., xiii. of the Section 11.d., the Company has to pay a Delay penalty to Honeywell equivalent to the ……. % /day calculating on the contract value of the delayed part of the work.

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 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 Hazardous Substances or moldMold, 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.