Common use of Excusable Delay Defined Clause in Contracts

Excusable Delay Defined. (a) With respect to Contractor’s performance of its obligations under this Agreement, an “Excusable Delay” shall be any delay in the performance of the Work due to any cause beyond Contractor’s reasonable control including, but not limited to: war, outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow down; freight embargoes; acts of God; any subcontractor delay due to any of the foregoing events; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 22.

Excusable Delay Defined. (a) With respect to Contractor’s performance of its obligations under this Agreement, an “Excusable Delay” shall be any delay in the performance of the Work due to any cause beyond Contractor’s reasonable control including, but not limited to: war, outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown not reasonably within Contractor’s control; freight embargoes; acts of God; any subcontractor delay due to any of the foregoing events; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 22.

Excusable Delay Defined. (a) With respect to Contractor’s performance of its obligations under this Agreement, an “Excusable Delay” shall be any delay in the performance of the Work due to any cause beyond Contractor’s reasonable control including, but not limited to: war, outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown not reasonably within Contractor’s control; freight embargoes; acts of God; any subcontractor delay due to any of the foregoing events; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. 11.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 2221.

Excusable Delay Defined. (a) With respect to Contractor’s 's performance of its obligations under this AgreementContract, an “"Excusable Delay” " shall be any delay in the performance of the Work due to any cause Work, in whole or in part, caused by an event that is beyond Contractor’s the reasonable control includingof Contractor, but not limited to: warits Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (including the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (e) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown (other than at Contractor's or a Subcontractor's facilities) not reasonably within Contractor's control; freight embargoes; acts of God; any subcontractor delay due or failure by Customer to any of the foregoing eventsmeet its responsibilities under this Contract where such Customer failure inhibits Contractor's ability to satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s 's Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. e.g., national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s 's failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s 's receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 2227 (Dispute Resolution).

Excusable Delay Defined. (a) With respect to Contractor’s performance of its obligations under this AgreementContract, an “Excusable Delay” shall be any delay in the performance of the Work due to any cause Work, in whole or in part, caused by an event that is beyond Contractor’s the reasonable control includingof Contractor, but not limited to: warits Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (including the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (f) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown (other than at Contractor’s or a Subcontractor’s facilities) not reasonably within Contractor’s control; freight embargoes; acts of God; any subcontractor delay due or failure by Customer to any of the foregoing eventsmeet its responsibilities under this Contract where such Customer failure inhibits Contractor’s ability to satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. e.g., national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 2227 (Dispute Resolution).

Excusable Delay Defined. (a) With respect to Contractor’s 's performance of its obligations under this AgreementContract, an “"Excusable Delay” " shall be any delay in the performance of the Work due to any cause Work, in whole or in part, caused by an event that is beyond Contractor’s the reasonable control includingof Contractor, but not limited to: warits Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (including the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (e) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or o r sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown (other than at Contractor's or a Subcontractor's facilities) not reasonably within Contractor's control; freight embargoes; acts of God; any subcontractor delay due or failure by Customer to any of the foregoing eventsmeet its responsibilities under this Contract where such Customer failure inhibits Contractor's ability to satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s 's Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. e.g., national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s 's failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s 's receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 2227 (Dispute Resolution).

Excusable Delay Defined. (a) With respect to Contractor’s 's performance of its obligations under this AgreementContract, an “"Excusable Delay” " shall be any delay in the performance of the Work due to any cause Work, in whole or in part, caused by an event that is beyond Contractor’s the reasonable control includingof Contractor, but not limited to: warits Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (including the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (f) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow downdown (other than at Contractor's or a Subcontractor's facilities) not reasonably within Contractor's control; freight embargoes; acts of God; any subcontractor delay due or failure by Customer to any of the foregoing eventsmeet its responsibilities under this Contract where such Customer failure inhibits Contractor's ability to satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s 's Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. e.g., national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s 's failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 12.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s 's receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 2227 (Dispute Resolution).