Common use of Excusable Delay Due to Delay by Other Party Clause in Contracts

Excusable Delay Due to Delay by Other Party. i. In all instances hereunder where the timely performance by one party (the “Relying Party”) is dependent upon the act, response or performance of the other party, then the performance of the Relying Party shall be excused to the extent and duration of the delay or tardiness in the act, response or performance of the other party, and shall be deemed an “Excusable Delay.” Where a party is obligated to make a judgment, decision or determination (such as an approval of an entitlement, property condition, waiver, or the like) a delay in making that decision may give rise to an Excusable Delay, but, once made, an adverse decision by that party does not give rise to an Excusable Delay.