EXCUSABLE delays
3.1. Magnetic MRO shall not be liable for any failure to comply with the contract related to any circumstances whatever (whether or not involving Magnetic MRO’s negligence) which are beyond Magnetic MRO’s reasonable control and which prevent or restrict Magnetic MRO from complying with the contract.
3.2. Magnetic MRO shall not be responsible for excess of performance dates and / or delays, and / or non-performance of its obligations if (i) the Cus- tomer fails to make any payment due on time and Magnetic MRO suspends further performance of its obligations until all outstanding amounts are received by Magnetic MRO; or (ii) the Customer fails to provide required and necessary information for execution of Purchase Order on Magnetic MRO request or (iii) Customer delays to perform its obligations.
EXCUSABLE. DELAYS Neither party shall be in default for any delay or failure to perform hereunder due to causes beyond its control and without its fault or negligence; provided, that any delay or failure to perform caused by the default of a supplier of Supplier at any lower-tier shall be excused only if (i) it is beyond the control of both Supplier and such supplier and without the fault or negligence of either, (ii) the parts to be furnished are not obtainable from other sources in sufficient time to permit Supplier to meet the delivery schedule, and (iii) Supplier furnishes prompt written notice to NuCon of the occurrence of any such cause that will or may delay Supplier's performance. If delivery of any Item is delayed by any excusable delay, NuCon may, without any additional extension, cancel all or part of any order with respect to the delayed Item, and exercise any of its remedies in accordance with Article 10.B.
EXCUSABLE. DOWNTIME
5.1 Qualified Scheduled Maintenance;
5.2 Critical Unscheduled Maintenance;
5.3 Force Majeure Events and viruses;
5.4 improper use (including use otherwise than in accordance with this SLA and the Agreement) or changes to the Software made by you or any of your Group Companies;
5.5 any act or omission (including negligence or wilful misconduct) by you or any of your Group Companies or any person for whom you are responsible which prevents us from providing you access to the Platform;
5.6 Incidents caused by work, changes or alterations which you have made, or caused by your abuse, negligence, malicious acts or omissions or fraud by your Representatives;
5.7 your request that we postpone troubleshooting;
5.8 your failure to comply with "Your responsibilities in relation to the SLA” as outlined in paragraph 4 above which results in a time delay;
5.9 the failure of equipment, telecommunications systems, hardware or software that is not provided by us; and/or
5.10 disconnection or suspension of the Platform by us pursuant to a right to do so under the Agreement.
EXCUSABLE. Delays The schedule for Delivery of Equipment and performance of Services will be modified for delays resulting from causes beyond AirSep’s reasonable control, including but not limited to, acts of God, war, terrorism, strikes, restrictions of the United States Government or other governments having jurisdiction, delays in transportation, or inability to obtain necessary labor, materials, or manufacturing facilities.
EXCUSABLE. DELAYS ----------------
12.1 If either Party or a subcontractor of either Party is delayed by act of God, or of the public enemy, fire, flood, earthquake, epidemic, quarantine restriction, strike, walkout, freight embargo, or any other event which is beyond their control or does not arise from the acts or omissions of either Party or its respective subcontractors, said delay shall constitute an excusable delay. In the event of an excusable delay, there shall be an equitable adjustment to the time of delivery and/or performance stated in this Contract. The affected Party shall give notice to the other Party within 10 working days that an excusable delay condition exists after learning of such delay. Such notification shall include the cause of the excusable delay, the expected length of the excusable delay, and alternate plans to mitigate the effect of the excusable delay.
12.2 If the affected Party, as defined in Paragraph 12.1 above, requests or experiences, on a cumulative basis, excusable delay(s) greater than ******** ***** days, the Parties shall enter into good faith negotiations to develop a mutual course of action and/or an equitable adjustment to the affected terms of this Agreement.
12.3 Notwithstanding the foregoing, if the Launch Date defined in Paragraph 7.1 herein is delayed due to an excusable delay affecting either Party or a subcontractor thereof at any point in time after the shipment of the Spacecraft, launch-related equipment or personnel to the Launch Site has occurred, HCG shall reimburse Contractor for all reasonable expenses. Expenses included in any equitable adjustment shall include but not be limited to; support personnel standby; extra travel expenses; transport termination or rescheduling fees; and installation/de-installation of communication links to the Launch Site and a profit rate of *************** or such other profit rate designated in writing by the Chief Financial Officer of the Xxxxxx Space and Telecommunications Company (or then existing equivalent) for the applicable excusable delay expenses.
EXCUSABLE. DELAYS The Licensor shall not be responsible nor be deemed to be in default on account of delays in delivery of any Airbus Software or Update due to causes reasonably beyond the Licensor’s or its subcontractors’ control including but not limited to: natural disasters, fires, floods, explosions or earthquakes, epidemics or quarantine restrictions, serious accidents, total or constructive total loss, any act of the government of the country of the Licensee or the governments of the countries of Licensor or its subcontractors, war, insurrections or riots, failure of transportation, communications or services, strikes or labor troubles causing cessation, slow down or interruption of services, inability after due and timely diligence to procure materials, accessories, equipment or parts, failure of a subcontractor or supplier to furnish materials, accessories, equipment or parts due to causes reasonably beyond such subcontractor's or supplier's control or failure of the Licensee to comply with its obligations arising out of the present Software License.
EXCUSABLE. DELAYS 5.1 Neither party shall be in default on account of, and neither party assumes any liability or responsibility for, consequences arising out of the interruption of its performance 5
EXCUSABLE downtime for the electronic filing transaction processing network includes the time necessary for regular backup and maintenance procedures.
EXCUSABLE. DELAYS Any failure of performance by either party shall not constitute default hereunder or give rise to any claim for damages or otherwise if, and to the extent, caused by an occurrence beyond the reasonable control of the party affected, including, but not limited to, acts of compliance with acts of governmental authority, acts of God, strikes or other concerted acts of workmen, fires, floods, explosions, riots, war or armed conflict declared or undeclared, rebellion and sabotage. The party affected by any such occurrence shall give notice to the other within five (5) working days of its commencement and shall keep the other informed of action taken to terminate the occurrence.
EXCUSABLE delays
3.1. The liable contracting party is not in delay, if it cannot fulfil its obligations under this contract on time in consequence of a delay of the entitled contracting party.
