Common use of Enforced Delay; Extension of Time of Performance Clause in Contracts

Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including but not limited to: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review)); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City’s Reserved Powers; or similar bases for excused performance which is not within the reasonable control of the Party to be excused (financial inability excepted) (“Force Majeure”). This Section shall not be applicable to any proceedings with‌ respect to bankruptcy or receivership initiated by or on behalf of Developer or, if not dismissed within ninety (90) days, by any third parties against Developer. If written notice of such delay is given to either Party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including but not limited toincluding: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review)); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City’s 's Reserved Powers; or similar bases for excused performance which is not within the reasonable control of the Party party to be excused (financial inability excepted) (“Force Majeure”). This Section shall not be applicable to any proceedings with‌ with respect to bankruptcy or receivership initiated by or on behalf of Developer or, if not dismissed within ninety (90) days, by any third parties against Developer. If written notice of such delay is given to either Party party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.

Appears in 1 contract

Samples: Development Agreement

Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including but not limited toincluding: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review)); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City’s Reserved Powers; or similar bases for excused performance which is are not within the reasonable control of the Party party to be excused (financial inability excepted) (“Force Majeure”). This Section shall not be applicable to any proceedings with‌ with respect to bankruptcy or receivership initiated by or on behalf of Developer and/or Transferee or, if not dismissed within ninety (90) days, by any third parties against DeveloperDeveloper and/or Transferee. If written notice of such delay is given to either Party party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.

Appears in 1 contract

Samples: Development Agreement

Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either a Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including but not limited toincluding: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; pandemics; acts of God; unusual economic or governmental circumstances that limit the ability to generate revenue from the digital displays on the TCN Structures, litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review))TCN Program; any approval required by City or the City (not including any period State of time normally expected for the processing California Department of such approvals in the ordinary course of affairs)Transportation; restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City’s Reserved Powers; or similar bases for excused performance which is are not within the reasonable control of the Party to be excused (financial inability excepted) (“Force Majeure”). This Section shall not be applicable to any proceedings with‌ with respect to bankruptcy or receivership initiated by or on behalf of Developer orLACMTA, or by any third parties against LACMTA if not dismissed within ninety (90) days; provided however, by any third parties against Developerthis Section shall be applicable to every other provision in this Agreement. If written notice of such delay is given to either any Party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, delay or longer as may be reasonable or mutually agreed upon.

Appears in 1 contract

Samples: Memorandum of Agreement

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Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including but not limited toincluding: war; insurrection; pandemic; riots; floods; earthquakes; fires; casualties; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs (such as the Annual Review)); any approval required by the City (not including any period of time normally expected for the processing of such approvals in the ordinary course of affairs); restrictions imposed or mandated by other governmental entities; enactment of conflicting state or federal laws or regulations; judicial decisions; the exercise of the City’s Reserved Powers; or similar bases for excused performance which is not within the reasonable control of the Party to be excused (financial inability excepted) (“Force Majeure”). This Section shall not be applicable to any proceedings with‌ with respect to bankruptcy or receivership initiated by or on behalf of Developer Property Owner or, if not dismissed within ninety (90) days, by any third parties against DeveloperProperty Owner. If written notice of such delay is given to either Party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.

Appears in 1 contract

Samples: Development Agreement

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