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

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. Subject to the limitations set forth below, performance by either any 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 PartyParties, 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 City which shall not excuse performance by AgencyCity), 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 Parties within thirty (30) days of the commencement of the cause and such extension is not rejected in writing by the other Party Parties within ten (10) days of receipt of the notice. Neither Party None of the Parties 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 City (acting in the discretion of its Executive Director City Manager unless he or she determines determine in his or her discretion to refer such matter to the governing board of the AgencyCity Council). Agency City 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. Subject In addition to the limitations specific provisions of this Agreement, and except as expressly set forth belowthis Section 8.6, performance by either Party party hereunder shall not be deemed to be in default, default and all performance and other dates specified in this Agreement such party shall be extended entitled to an extension of time to perform its obligations hereunder where delays in performance are due to: to war, ; insurrection, ; strikes, lockouts, ; lock-outs; riots, ; floods, ; earthquakes, ; fires, ; casualties, acts of God, ; supernatural causes; acts of the public enemy, ; epidemics, ; quarantine restrictions, ; freight embargoes, governmental restrictions or priority, ; lack of transportation; litigation, including court delays, ; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplies; acts or omissions of the other Party, party; acts or failures the failure to act of the City CDC or any other public or governmental agency or entity (other than the acts except that any act or failures failure to act of Agency which or by CDC shall not excuse performance by AgencyCDC), or any other cause similar acts by unaffiliated third parties or causes beyond the affected Partycontrol or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, Developer’s reasonable controlinability to secure satisfactory financing, interest rates, and market and economic conditions shall not entitle Developer to an extension of time to perform, though the inability of a Low Income Household to secure satisfactory financing to purchase a Condominium shall entitle Developer to an extension of time to perform. An extension of time for any such cause permitted under this Section 8.6 shall be for limited to 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 party claiming such extension is sent to the other Party party within thirty (30) days of knowledge 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 Sectioncause. Times of performance under this Agreement may also be extended in writing by the mutual written agreement of Developer CDC and Agency (acting Developer. The Executive Director shall have the authority on behalf of CDC to approve extensions of time, with the exception of any extension that would result in the discretion of its Executive Director unless he or she determines in his or her discretion Outside Closing Date, the date to refer such matter to the governing board commence construction of the AgencyProject (or any portion thereof). Agency and Developer acknowledge that adverse changes in economic conditions, either or the date to complete construction of the affected Party specifically Project (or the economy generallyany portion thereof), 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 Datebeing extended by more than one hundred twenty (120) days.

Enforced Delay; Extension of Times of Performance. Subject Time is of the essence in the performance of this Agreement. Notwithstanding the foregoing, in addition to the limitations set forth belowspecific provisions of this Agreement, performance by either Party party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended default where delays or defaults are due to: to war, ; insurrection, ; strikes, lockouts, ; lock-outs; riots, ; floods, ; earthquakes, ; fires, ; casualties, acts of God, ; supernatural causes; acts of the “public enemy, "; epidemics, ; quarantine restrictions, ; freight embargoes, ; governmental restrictions or priority, litigation, including court delays, restrictions; unusually severe weather; delays of any contractor, subcontractor or supplier; acts of another party; acts or omissions of the other Party, acts or failures failure to act of the City or any other a public or governmental agency or entity (other than the except that acts or failures the failure to act of Agency which shall not excuse performance by Agency), ; or any other cause causes beyond the affected Party’s reasonable controlcontrol or without the fault of the party claiming an extension of time to perform. 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 for limited to the period of the enforced delay delay, and shall commence to run from the time of the commencement of the cause, if provided notice by the Party party claiming such extension is sent to the other Party party within thirty ten (3010) days of the commencement of the cause cause. Developer’s failure to obtain financing for the Project shall not be considered as events or causes beyond the control of Developer, and such extension is shall not rejected in writing by the other Party within ten (10) days of receipt of the notice. Neither Party shall unreasonably withhold consent entitle Developer to an extension of time pursuant to this Sectionperform. Agency's financial condition shall similarly not be considered as events or causes beyond the control of Agency, and shall not entitle Agency to an extension of time to perform. Times of performance under this Agreement may also be extended in writing by the mutual written agreement of Developer by Agency and Agency (acting in the discretion of its Developer. The Executive Director unless he or she determines in his or her discretion of Agency shall have the authority on behalf of Agency to refer such matter approve extensions of time not to exceed a cumulative total of one hundred eighty (180) days with respect to the governing board development 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 DateSite.