Common use of ENFORCED DELAY IN PERFORMANCE Clause in Contracts

ENFORCED DELAY IN PERFORMANCE. The Company shall not be considered in breach of, or in default of, its obligations with respect to this Agreement, or any portion thereof, including development, or the beginning and completion of construction of the Project, in the event of an enforced delay in the performance of such obligations due to Unavoidable Delays; it being the purpose and intent of this provision that in the event of the occurrence of any such Unavoidable Delay, the time or times for performance of the obligations the Company shall be extended for the period of the enforced delay: Provided, that the party seeking the benefit of the provisions of this article shall: (i) within twenty (20) days after the beginning of any such enforced delay, have notified the other party thereof in writing, and of the cause or causes thereof, and setting forth the anticipated extension required as a result of the enforced delay; and, (ii) exercise reasonable diligence to mitigate the event and the impact thereof.

ENFORCED DELAY IN PERFORMANCE. The Company shall not be considered in breach of, or in default of, its obligations with respect to this Agreement, or any portion thereof, including development, or the beginning and completion of construction of the Project, in the event of an enforced delay in the performance of such obligations due to Unavoidable Delays; it being the purpose and intent of this provision that in the event of the occurrence of any such Unavoidable Delay, the time or times for performance of the obligations the Company shall be extended for the period of the enforced delay: Provided, that the party seeking the benefit of the provisions of this article shall: (i) within twenty (20) days after the beginning of any such enforced delay, have notified the other party thereof in writing, and of the cause or causes thereof, and setting forth the anticipated extension required as a result of the enforced delay; and, (ii) exercise reasonable diligence to mitigate the event and the impact thereof.,