Events Constituting Enforced Delay Sample Clauses

Events Constituting Enforced Delay. Whether stated or not, all periods of time in this Agreement are subject to this Section. Neither Eagle Shadow nor the City, 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 Agreement (an “Enforced Delay”) due to causes beyond its control and without its fault, negligence or failure to comply with City Regulations or 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 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 (including but not limited to bio-terrorism or eco-terrorism), 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; (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 or submittal by Eagle Shadow in the case of the Proposed Rezoning, (“Processing Delay”). In no event will Enforced Delay include any delay resulting from general economic or market conditions, from the unavailability for any reason of particular tenants or purchasers of portions of the Property, from the unavailability of financing or financing on terms acceptable to Eagle Shadow, f...