Enforced Delay. Extension of Time of Performance. In addition -------------- -------------------------------- to other provisions of this Lease, performance by either party hereunder, shall not be deemed to be in default where delays or defaults are unavoidable or performance is rendered impracticable, due to war; enemy action; insurrection; civil disturbance; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or moratoria; failure or inability to secure materials or labor by reason of regulations or order of any governmental entity; litigation including eminent domain proceedings or related legal proceedings; acts or failure to act of the other party; acts or failure to act of any public or governmental agency or entity; and the time for such performance shall be extended for a period equal in length to such delay(s).
Enforced Delay. The term “
Enforced Delay. In addition to specific provisions of this Agreement, performance by either party hereunder with respect to the Closing shall not be deemed to be a Breach, and all performance and other dates specified in this Agreement (excluding the Outside Closing Date, which shall be extended only as provided in Section 7.6) shall be extended where delays with respect to the Closing are due to litigation challenging the validity of this transaction or any element thereof or the rights of either party to engage in the acts and transactions contemplated by this Agreement, acts or omissions of the other party; acts or failure to act of the City or any public or governmental agency or entity (other than acts or failures to act of the Successor Agency which shall not excuse performance by the Successor Agency) (“Enforced Delay”). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for a period reasonably attributable to the Enforced Delay and shall commence to run from the time of commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times and performance under this Agreement may also be extended in writing by the mutual agreement of the parties.
Enforced Delay. In addition to specific provisions of this Agreement, performance by either party shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; lack of transportation; or court order; or any other similar causes (other than lack of funds of the Borrower or the Borrower's inability to finance the rehabilitation of the Improvements) beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any cause will be deemed granted if notice by the Party claiming such extension is sent to the other within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other party within ten (10) days of receipt of the notice. In no event shall the Agency be required to agree to cumulative delays in excess of one hundred twenty (120) days.
Enforced Delay. Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are not, with respect to Ground Lessee, due to Ground Lessee’s failure to diligently prosecute the Improvements to completion, and with respect to the College, due to College’s failure to diligently perform its obligations hereunder, but are primarily due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; acts of the "public enemy"; epidemics; pandemics; quarantine restrictions; freight embargoes; governmental restrictions; refusal or delays by the regulatory agency with jurisdiction in the issuance of permits and approvals for or directly affecting the Project (except that to the extent that such refusal or delay results from acts or the failure to act of a Party, such refusal or delays shall not excuse performance of that Party), litigation directly related to the Project; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, consultant, or supplier; acts or failure to act of the other party; acts or the failure to act of a public or governmental agency or entity (except that acts or the failure to act of either party as a governmental agency shall not excuse performance by the party); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Enforced Delay of one Project Milestone shall entitle Ground Lessee additional time to complete all subsequent Project Milestones which are affected by the Enforced Delay. In the event of such a delay (herein “Enforced Delay”), the Party delayed shall continue to exercise reasonable diligence to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the Enforced Delay, and shall commence to run from the time of the discovery of the cause, provided notice by the party claiming such extension is sent to the other party within thirty (30) days of when the party providing the notice first discovered the cause.
Enforced Delay. In the event that any of the Parties to this Agreement are prevented from proceeding with any of their obligations under this Agreement by reason of events that are beyond that Party's control, including supernatural causes, strikes, lockouts, earthquake, war, insurrection, riots, floods, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental delays, inclement weather, delays or inaction of independent contractors, litigation brought against the Project or a Party without that Party's consent, or similar events which are beyond that Party's control, then that Party shall be entitled to an additional grace period or extension of time in which to perform the obligations whose performance is precluded by such event, equal to the period of delay caused by such event beyond that Party's control, which period shall commence to run from the time of the commencement of the cause for delay and shall terminate upon termination of that cause.
Enforced Delay. Neither Party shall be considered in breach of, or in default in, its obligations with respect to this Agreement in the event of delay in the performance of such obligations due to causes beyond its control and without its fault, it being the purpose and intent of this provision that if such delay occurs, the time or times for performance by either Party affected by such delay shall be extended for the period of the delay.
Enforced Delay. Whether stated or not, all periods of time in this Level B.I Agreement are subject to this Section. Neither Owner nor the County, as the case may be, shall be considered to have caused a default in the event such Party’s delay in the performance of a non-monetary obligation under this Level B.I Agreement is due to causes beyond its control and without its fault, negligence or failure to comply with applicable laws including, but not restricted to, (i) acts of God, acts of the Federal or State government, acts of a third party, litigation or other action authorized by law concerning the validity and enforceability of this Level B.I Agreement or relating to transactions contemplated hereby, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, act of a public enemy, war, terrorism or act of terror, nuclear radiation, declaration of national emergency or national alert, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain by any governmental body on behalf of any public, quasi-public, or private entity, or declaration of moratorium or similar hiatus directly affecting the Property by any governmental entity (other than the County); (ii) the order, judgment, action, or determination of any court, administrative agency, governmental authority or other governmental body (collectively, an “Order”) which delays the completion of the work or other non-monetary obligation of the Party claiming the delay, unless it is shown that such Order is the result of the failure to comply with applicable laws by the Party claiming the delay; provided, however, that the contesting in good faith of any such Order shall not constitute or be construed or deemed as a waiver by a Party of Enforced Delay; and (iii) unreasonable delay in processing or unreasonable denial of any application, permit, license, request for approval, plan, plat or other submittal made by Owner to any governmental agency other than the County (an “Enforced Delay”).
Enforced Delay. In the event of enforced delay in the performance by the City or the NonprofitBuilder of their obligations under this agreement, specifically including, but not limited to, the obligations described in paragraph 3(a) above, due to unforeseeable causes beyond their control and without fault or negligence, including, but not restricted to, acts of God or of the public enemy; acts of the federal, state or county government; acts of the judiciary, including injunctions, temporary restraining orders and decrees; acts of the other party; strikes or labor unrest; fires; floods; unstable soils; epidemics; environmental contamination; or severe weather; the time for performance of such obligations shall be extended for the period of the enforced delays; provided, however, that the party seeking the benefit of the provisions of this section shall, within ten (10) days after the beginning of such enforced delay, have first notified the other party in writing of the causes thereof and requested an extension for the period of the enforced delay.
Enforced Delay. For purposes of this Agreement, neither party shall be considered in default of its obligations provided for herein in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, force majeure, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors and suppliers due to such causes; it being the purpose and intent of this provision that, in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the party shall be extended for the period of the enforced delay.
