Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; adverse weather conditions; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other party; or acts or failures to act of the City, Responsible Agency or any other public or governmental agency or entity (except that the acts or failures to act or delay of the Successor Agency or City shall not excuse performance by the City). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the 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 of performance under this Agreement may also be extended in writing by the mutual agreement of the Director and Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to complete any Component, shall not constitute grounds of enforced delay pursuant to this Section 602. 603. Transfers of Interest in the Site or Agreement.
Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation, moratoria or similar bases for excused performance. If written notice of such delay is given to the City within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. In the event litigation is initiated by any party other than Developer that challenges any of the approvals for the Project or the environmental document for those approvals and an injunction or temporary restraining order is not issued, Developer may elect to have the term of this Agreement tolled, i.e., suspended, during the pendency of said litigation, upon written notice to City from Developer. The tolling shall commence upon receipt by the City of written notice from Developer invoking this right to tolling. The tolling shall terminate upon the earliest date on which either a final order is issued upholding the challenged approvals or said litigation is dismissed with prejudice by all plaintiffs. In the event a court enjoins either the City or the Developer from taking actions with regard to the Project as a result of such litigation that would preclude any of them from enjoying the benefits bestowed by this Agreement, then the term of this Agreement shall be automatically tolled during the period of time such injunction or restraining order is in effect
Enforced Delay; Extension of Times of Performance. 1. In addition to specific provisions of this Agreement, performance by a Party hereunder shall not be deemed to be in default, and all performance and other duties specified in this Agreement shall be extended, where the Party seeking the extension has acted diligently and delays or defaults are due to default of the other Party; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fire; casualties; acts of God; acts of the public enemy; epidemics; market conditions; quarantine restrictions; freight embargoes; lack of transportation; or unusually severe weather; or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform.
Enforced Delay; Extension of Times of Performance. (a) In addition to specific provisions of this Agreement, performance by a Party hereunder will not be deemed to be in default, and all performance and other dates specified in this Agreement will be extended, where the Party seeking the extension has acted diligently and delays or defaults are due to default of the other Party or Excusable Delays.
Enforced Delay; Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party shall not be in default when delay or default is caused by war, insurrection, strikes, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation or litigation, or similar bases for excused performance that are not within reasonable control of the Party to be excused.
Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Development Agreement, all deadlines under this Agreement, shall be extended; and the performance by any Party of its obligations under this Agreement shall not be deemed to be in Default, and the time for performance of such obligation shall be extended where delays or default are due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, acts of terrorism, governmental restrictions or permitting delays imposed or mandated by governmental entities other than the Town, litigation brought by a third party, or referenda challenging any of the Project Approvals (each a “Force Majeure Event”). If written notice of such delay is given to Town within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted by the Town Manager in writing for the period of the enforced delay, or longer as may be mutually agreed upon, provided that in no event shall such period of delay extend for more than one-hundred and eighty (180) days unless agreed upon in writing by the parties. In any event, the party relying on any such Force Majeure Event to excuse performance hereunder shall act in good faith, and with due diligence, to recommence performance at the earliest possible date.
Enforced Delay; Extension of Times of Performance. Subject to the limitations set forth below, performance by either Party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended where delays are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, governmental restrictions or priority, litigation, including court delays, unusually severe weather, acts or omissions of the other Party, acts or failures to act of the City or any other public or governmental agency or entity (other than the acts or failures to act of Agency which shall not excuse performance by Agency), or any other cause beyond the affected Party’s reasonable control. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the 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 and such extension is not rejected in writing by the other Party within ten (10) days of receipt of the notice. Neither Party shall unreasonably withhold consent to an extension of time pursuant to this Section. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Developer and Agency (acting in the discretion of its Executive Director unless he or she determines in his or her discretion to refer such matter to the governing board of the Agency). Agency and Developer acknowledge that adverse changes in economic conditions, either of the affected Party specifically or the economy generally, changes in market conditions or demand, and/or inability to obtain financing to complete the work of Improvements shall not constitute grounds of enforced delay pursuant to this Section. Each Party expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.
Enforced Delay; Extension of Times of Performance. Delays in performance, by either Party, shall not be deemed a default if such delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed where mandated by governmental entities other than City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, or other force majeure events. An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.
Enforced Delay; Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default ("Enforced Delay") where delays or defaults are resulting from war; acts of terrorism; insurrection; 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 priority; environmental conditions (including, but not limited to, Hazardous Substances or munitions or explosives of concern ("MEC" or "UXO")) existing or discovered on or affecting the Site, and any delay caused or resulting from the investigation or remediation of such conditions, whether the responsibility of the Army, Developer or other parties; litigation which enjoins construction or other work on the Site, causes a lender to refuse to fund a loan or accelerate payment on a loan, or would cause a reasonably prudent developer either to forbear from commencing construction or other work on the Site or to suspend construction or other work on the Site; unusually severe weather; inability to secure necessary labor, materials or tools (provided that Developer has reasonably attempted to obtain such materials on a timely basis); delays of any contractor, subcontractor or supplier; acts or the failure to act of any public or governmental agency or entity (assuming such agency or entity was timely requested to act or otherwise has a duty to act) (except that acts or the failure to act of the Agency or the County shall not excuse performance by the Agency or County); moratorium, as defined in Government Code Section 66452.6(f); or any other causes beyond the reasonable control and without the fault of the Party claiming an extension of time to perform. Enforced Delay also includes, without limitation: (1) a drop of twenty-five percent (25%) or more (based on the most current edition of the Ryness report for Monterey County or comparable market report if the Ryness Report is not available) in market demand and absorption rate for sales of residential lots or homes in those market demand and absorption assumptions made in the Developer's financial projections reviewed and accepted by the Agency prior to the close of escrow, or (2) an increase in interest rates to a rate equal to 10% or more for construction and permanent financing or home mortgage interest rates, or
Enforced Delay; Extension of Times of Performance. No party shall deem performance of the terms of this Agreement to be in breach where delays or defaults are due to war, insurrection, strikes, walkouts, riots, acts of terrorism, floods, earthquakes, fires, casualties, acts of God, actions of other government agencies, energy shortages, fuel shortages, or enactment of conflicting state or federal laws or regulations, or new or supplementary environmental regulation enacted by the state or federal government. For such cause, County shall not unreasonably withhold a grant of an extension of time for the period of the enforced delay or longer, as may be mutually agreed.
