Common use of Excusable Delay Defined Clause in Contracts

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including (i) war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-down (other than by the employees of Contractor or any Subcontractor at any Site) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), where such Owner failure inhibits, delays, or otherwise adversely affects Contractor's ability to perform the Work in accordance with the Initial City Schedule and/or Acceptance Date; provided, however, that no delay shall be an Excusable Delay unless such delay could not have been either (x) avoided by Contractor, its Subcontractors or their respective Affiliates through the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractor, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) of the Work known to be affected by such event constituting an Excusable Delay. Upon Owner's written request, Contractor shall provide Owner a Correction Plan. Contractor shall also provide Owner prompt written notice when the event constituting an Excusable Delay has ended. (b) In the event Owner disputes any Excusable Delay asserted by Contractor, Owner shall notify Contractor in writing within ten (10) Business Days from the date of receipt of the Weekly Status Report identifying such Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor's receipt of written notice from Owner, the dispute shall be resolved pursuant to Article 22 (Dispute Resolution).

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including (i) war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-down (other than by the employees of Contractor or any Subcontractor at any SiteContractor Facility) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditionsgovernmental action in its sovereign capacity; and (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) Customer's failure by Owner to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), where such Owner failure inhibits, delays, or otherwise adversely affects Contractor's ability to perform the Work in accordance with the Initial City Schedule and/or Acceptance Dateits obligations hereunder; provided, however, that no delay shall be an Excusable Delay unless Contractor gives Customer prompt written notice of the delay and the reasons therefor and such delay could not have been either (x) avoided by Contractor, its Subcontractors or their respective Affiliates through the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractor, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans plans, alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) of the Work known to be affected by such event constituting an Excusable Delay. Upon OwnerCustomer's written request, Contractor shall provide Owner Customer a Correction Plan. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has ended. (b) In the event Owner Customer disputes any Excusable Delay asserted by Contractor, Owner Customer shall notify Contractor in writing within ten (10) Business Days from the date of receipt of the Weekly Status Report identifying such Excusable Delay notice thereof and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor's receipt of written notice from OwnerCustomer, the dispute shall be resolved pursuant to Article 22 23 (Dispute Resolution).