Common use of Events Constituting Excusable Delay Clause in Contracts

Events Constituting Excusable Delay. The following events shall constitute Excusable Delay, provided, however, that before any event is deemed to be an Excusable Delay, Design-Builder shall be required to meet the conditions set forth in Section 10.3 for each such event: (1) Owner’s suspension of all or part of the Work pursuant to Article 17; (2) Any failure of Owner to act within the times expressly provided in this Agreement; (3) Any unreasonable delay caused by the acts or omissions of Owner or persons acting on Owner’s behalf; (4) Owner changes pursuant to Article 8; (5) Hazardous Materials encountered by Design-Builder under Section 2.2, subject to the express conditions of such section; (6) Major earthquakes or floods; (7) Unusually severe weather, in excess of weather conditions experienced within the area any time in the preceding ten years, based upon the following events: (a) Monthly rainfall in excess of the highest monthly rainfall experienced for the same month. (b) Annual rainfall in excess of the highest annual rainfall experienced. (c) Monthly snowfall in excess of the highest monthly snowfall experienced for the same month. (d) Annual snowfall in excess of the highest annual snowfall experienced. (e) Average high temperatures, for the summer months, in excess of the highest average temperatures experienced. (f) Average low temperatures for the winter months, lower than the lowest average temperatures experienced. (8) Public disorders, insurrection, rebellion, epidemic, terrorism, acts of war; (9) Fire or other casualty for which Design-Builder is not responsible; (10) Actions of Governmental Units enjoining the Project from proceeding or in unreasonably delaying the issuance of a Government Approval; (11) Changes in Laws; and (12) Labor strikes lasting in excess of three (3) consecutive days that affect a specific trade on a national or regional level and such strike was not caused by the acts or omissions of Design-Builder or Subcontractors. (13) Differing Site Conditions as set forth in Section 3.4.3. (14) Supplier delay of sole source products, provided the delay is completely outside the control of the Design-Builder.

Events Constituting Excusable Delay. The following events shall constitute Excusable Delay, provided, however, that before any event is deemed to be an Excusable Delay, Design-Builder shall be required to meet the conditions set forth in Section 10.3 for each such event: (1) Owner’s suspension of all or part of the Work pursuant to Article 17; (2) Any failure of Owner to act within the times expressly provided in this Agreement; (3) Any unreasonable delay caused by the acts or omissions of Owner or persons acting on Owner’s behalf; (4) Owner changes pursuant to Article 8; (5) Hazardous Materials encountered by Design-Builder under Section 2.2, subject to the express conditions of such section; (6) Major earthquakes or floodsfloods that directly impact the ability to perform the Work; (7) Unusually severe weather, in excess of weather conditions experienced within the area any time in the preceding ten years, based upon the following events: (a) Monthly rainfall in excess of the highest monthly rainfall experienced for the same month. (b) Annual rainfall in excess of the highest annual rainfall experienced. (c) Monthly snowfall in excess of the highest monthly snowfall experienced for the same month. (d) Annual snowfall in excess of the highest annual snowfall experienced. (e) Average high temperatures, for the summer months, in excess of the highest average temperatures experienced. (f) Average low temperatures for the winter months, lower than the lowest average temperatures experienced. (8) Public disorders, insurrection, rebellion, epidemic, terrorism, acts of warwar that directly impact the ability to perform the Work; (9) Fire or other casualty for which Design-Builder is not responsible, that directly impact the ability to perform the Work; (10) Actions of Governmental Units enjoining the Project from proceeding or in unreasonably delaying the issuance of a Government Approval; (11) Changes in Laws; and (12) Labor strikes lasting in excess of three (3) consecutive days that affect a specific trade on a national or regional level and such strike was not caused by the acts or omissions of Design-Builder or Subcontractors. (13) Differing Site Conditions as set forth in Section 3.4.3. (14) Supplier delay of sole source products, provided the delay is completely outside the control of the Design-Builder.

Events Constituting Excusable Delay. The following events shall constitute Excusable Delay, provided, however, that before any event is deemed to be an Excusable Delay, Design-Builder shall be required to meet the conditions set forth in Section 10.3 for each such event: (1) Owner’s suspension of all or part of the Work pursuant to Article 17; (2) Any failure of Owner to act within the times expressly provided in this Agreement; (3) Any unreasonable delay caused by the acts or omissions of Owner or persons acting on Owner’s behalf; (4) Owner changes pursuant to Article 8; (5) Hazardous Materials encountered by Design-Builder under Section 2.2, subject to the express conditions of such section; (6) Major earthquakes or floods; (7) Unusually severe weather, in excess of weather conditions experienced within the area any time in the preceding ten years, based upon the following events: (a) Monthly rainfall in excess of the highest monthly rainfall experienced for the same month. (b) Annual rainfall in excess of the highest annual rainfall experienced. (c) Monthly snowfall in excess of the highest monthly snowfall experienced for the same month. (d) Annual snowfall in excess of the highest annual snowfall experienced. (e) Average high temperatures, for the summer months, in excess of the highest average temperatures experienced. (f) Average low temperatures for the winter months, lower than the lowest average temperatures experienced. (8) Public disorders, insurrection, rebellion, epidemic, terrorism, acts of war; (9) Fire or other casualty for which Design-Builder is not responsible; (10) Actions of Governmental Units enjoining the Project from proceeding or in unreasonably delaying the issuance of a Government Approval; (11) Changes in Laws; and (12) Labor strikes lasting in excess of three seven (37) consecutive days that affect a specific trade on a national or regional level and such strike was not caused by the acts or omissions of Design-Builder or Subcontractors. (13) Differing Site Conditions as set forth in Section 3.4.3. (14) Supplier delay of sole source products, provided the delay is completely outside the control of the Design-Builder.