Common use of Excusable Authority Delay Clause in Contracts

Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure elsewhere in this Agreement, all deadlines and time periods within which the Authority must fulfill the obligations of the Authority in this Agreement shall each be adjusted as appropriate to include Force Majeure Delay Periods unless otherwise expressly provided in this Agreement; provided that the Authority complies with the requirements of this Section 10.2. With respect to each occurrence of Force Majeure, the Authority Representative shall, within fifteen (15) days after the Authority’s knowledge of the occurrence of an event that the Authority reasonably believes to be an Force Majeure, give Notice to StadCo of the event constituting Force Majeure, the Authority Representative’s good faith estimate of the Force Majeure Delay Period resulting therefrom and the basis therefor, the Authority Representative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, StadCo shall give Notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days to more fully document the delay and adjustments claimed. Only one (1) Notice from the Authority Representative shall be required with respect to a continuing Force Majeure, except that the Authority Representative shall promptly (and in no event less often than every thirty (30) days) give Notice to StadCo of any further changes in the additional time for performance claimed by reason of the continuing delay.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure elsewhere in this Agreement, all deadlines and time periods within which the Authority must fulfill the obligations of the Authority in this Agreement shall each be adjusted as appropriate to include Force Majeure Delay Periods unless otherwise expressly provided in this Agreement; provided that the Authority complies with the requirements of this Section 10.2. With respect to each occurrence of Force Majeure, the Authority Representative shall, within fifteen (15) days after the Authority’s knowledge of the occurrence of an event that the Authority reasonably believes to be an Force Majeure, give Notice to StadCo of the event constituting Force Majeure, the Authority Representative’s good faith estimate of the Force Majeure Delay Period resulting therefrom and the basis therefor, the Authority Representative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo XxxxXx believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, StadCo shall give Notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days to more fully document the delay and adjustments claimed. Only one (1) Notice from the Authority Representative shall be required with respect to a continuing Force Majeure, except that the Authority Representative shall promptly (and in no event less often than every thirty (30) days) give Notice to StadCo of any further changes in the additional time for performance claimed by reason of the continuing delay.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure elsewhere in this Agreement, all deadlines and time periods within which the Authority must fulfill the obligations of the Authority in this Agreement shall each be adjusted as appropriate to include Force Majeure Delay Periods unless otherwise expressly provided in this Agreement; provided that the Authority complies with the requirements of this Section 10.2. With respect to each occurrence of Force Majeure, the Authority Representative shall, within fifteen (15) days after the Authority’s knowledge of the occurrence of an event that the Authority reasonably believes to be an Force Majeure, give Notice to StadCo of the event constituting Force Majeure, the Authority Representative’s good faith estimate of the Force Majeure Delay Period resulting therefrom and the basis therefor, the Authority Authority‌ Representative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo XxxxXx believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, StadCo shall give Notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days to more fully document the delay and adjustments claimed. Only one (1) Notice from the Authority Representative shall be required with respect to a continuing Force Majeure, except that the Authority Representative shall promptly (and in no event less often than every thirty (30) days) give Notice to StadCo of any further changes in the additional time for performance claimed by reason of the continuing delay.

Appears in 1 contract

Samples: Development Agreement

Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure elsewhere in this Agreement, all deadlines and time periods within which the Authority must fulfill the obligations of the Authority in this Agreement shall each be adjusted as appropriate to include Force Majeure Delay Periods unless otherwise expressly provided in this Agreement; provided that the Authority complies with the requirements of this Section 10.2. With respect to each occurrence of Force Majeure, the Authority Representative shall, within fifteen (15) days after the Authority’s knowledge of the occurrence of an event that the Authority reasonably believes to be an Force Majeure, give Notice to StadCo of the event constituting Force Majeure, the Authority Representative’s good faith estimate of the Force Majeure Delay Period resulting therefrom and the basis therefor, the Authority Representative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo reasonably believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, StadCo shall give Notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days to more fully document the delay and adjustments claimed. Only one (1) Notice from the Authority Representative shall be required with respect to a continuing Force Majeure, except that the Authority Representative shall promptly (and in no event less often than every thirty (30) days) give Notice to StadCo of any further changes in the additional time for performance claimed by reason of the continuing delay.delay.‌

Appears in 1 contract

Samples: Development and Funding Agreement

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Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure Excusable Authority Delay elsewhere in this Agreement, all deadlines and any deadline or time periods period within which the Authority must fulfill the obligations of the Authority in this Agreement shall each be adjusted as appropriate to include Force Majeure that number of days of delay in the performance by Authority of its Obligations hereunder actually resulting from such Excusable Authority Delay; provided that (i) the obligation to pay amounts when due pursuant to the terms of this Agreement is not subject to adjustment or extension due to Excusable Authority Delay Periods unless otherwise expressly provided in this Agreement; provided that herein to the contrary and (ii) the Authority complies with the requirements of this Section 10.2Article XX. With respect to each occurrence of Force MajeureExcusable Authority Delay, the Authority Representative shall, within fifteen (15) days Business Days after the Authority’s knowledge of the occurrence of an such event that the of Excusable Authority reasonably believes to be an Force MajeureDelay, give Notice notice to StadCo Tenant of the event constituting Force MajeureExcusable Authority Delay, the Authority Representative’s good faith estimate of the Force Majeure Delay Period Excusable Authority delay period resulting therefrom and the basis therefor, the Authority Representativerepresentative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo Tenant believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, StadCo Tenant shall give Notice notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice notice from the Authority Representative shall be required with respect to a continuing Force MajeureExcusable Authority Delay, except that the Authority Representative representative shall promptly (and in no event less often than every thirty (30) days) give Notice notice to StadCo Authority Representative of any further changes in the additional time for performance claimed by reason of the continuing delay. Tenant’s Representative shall have the right to challenge Authority’s assertion of the occurrence of an Draft Copy November 8, 2021 Excusable Authority Delay, or Authority Representative’s good faith estimate of the Excusable Authority Delay Period, or changes in the additional time for performance claimed by reason of Excusable Authority Delay if Tenant gives notice to Authority Representative within thirty (30) days after receipt by Tenant of such claim of Excusable Authority Delay or notice from Authority Representative of further changes to such dates as a result of such Excusable Authority Delay, as the case may be (which challenge shall be deemed to have been made if Tenant gives notice to Authority Representative of any claimed deficiency in documentation as provided for above in this Section 20.2).

Appears in 1 contract

Samples: Stadium Lease Agreement

Excusable Authority Delay. Regardless of the existence or absence of references to Force Majeure Excusable Authority Delay elsewhere in this Agreement, all deadlines and any deadline or time periods period within which the Authority Authority, City or KUB, as applicable must fulfill the obligations of the Authority elsewhere in this Agreement shall each be adjusted as appropriate to include Force Majeure Excusable Authority Delay Periods unless otherwise expressly provided in this AgreementAgreement to the contrary; provided that (i) the obligation to pay amounts as when due pursuant to the terms of this Agreement is not subject to adjustment or extension due to Excusable Authority Delay and (ii) Authority complies with the requirements of this Section 10.2ARTICLE VII. With respect to each occurrence of Force MajeureExcusable Authority Delay, the Authority Representative shall, within fifteen (15) days Business Days after the Authority’s knowledge of the occurrence of an such event that the of Excusable Authority reasonably believes to be an Force MajeureDelay, give Notice notice to StadCo Developer Representative of the event constituting Force MajeureExcusable Authority Delay, the Authority RepresentativeAuthority’s good faith estimate of the Force Majeure Excusable Authority Delay Period resulting therefrom and the basis therefor, the Authority RepresentativeAuthority’s good faith estimate of any adjustment resulting therefrom that is to be made in to the time for performance, together with reasonable documentation supporting the adjustments proposed. If StadCo Developer Representative believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment adjustments proposed, StadCo Developer Representative shall give Notice notice to the Authority Representative of the claimed deficiency and the Authority Representative shall have thirty (30) days a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice notice from the Authority Representative shall be required with respect to a continuing Force MajeureExcusable Authority Delay, except that the Authority Representative shall promptly (and in no event less often than every thirty ten (3010) daysBusiness Days) give Notice notice to StadCo Developer Representative of any further changes in the additional time for performance claimed by reason of the continuing delay. Developer Representative shall have the right to challenge Authority’s assertion of the occurrence of an Excusable Authority Delay, or Authority’s good faith estimate of the Excusable Authority Delay Period or changes in the additional time for performance claimed by reason of the Excusable Authority Delay if Developer Representative gives notice to Authority within fifteen (15) Business Days after receipt by Developer Representative of such claim of Excusable Authority Delay or notice from Authority of further changes to such dates as a result of such Excusable Authority Delay, as the case may be (which challenge shall be deemed to have been made if Developer Representative gives notice to Authority of any claimed deficiency in documentation as provided for above in this Section 7.1).

Appears in 1 contract

Samples: Development Agreement

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