Common use of Excusable Delay (Force Majeure Clause in Contracts

Excusable Delay (Force Majeure. Neither party will be in default for any delay or failure to perform due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the control of both Supplier and its sub-tier supplier(s) and without the fault or negligence of any of them, and (b) the Goods to be furnished cannot be obtained from other sources in sufficient time to permit Supplier to meet the delivery schedule. Supplier’s ability to provide Goods at a more advantageous price or Supplier’s economic hardship in processing necessary operations for delivery of the Goods will not constitute a Force Majeure Event. The party affected by a Force Majeure Event will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Event, and will use its best efforts to remedy the delay. If Supplier’s delivery is delayed, Nitto may, at Xxxxx’s sole option, cancel deliveries scheduled during the period of the Force Majeure Event or elect to extend the period of performance to cover the period caused by the Force Majeure Event. If a Force Majeure Event occurs that affects delivery of Goods to Nitto, Supplier will allocate its available resources in a manner that assures Nitto of at least the same amount of total time in completing the delivery as was allocated to Nitto before to the Force Majeure Event. If delivery of any Goods is delayed for more than 30 days, Nitto may, without liability, cancel all or any part of such purchase order.

Excusable Delay (Force Majeure. 4.1. Neither party will be in default for any delay or failure to perform hereunder due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any negligence; provided however, that any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the control of both Supplier and its sub-sub- tier supplier(s) and without the fault or negligence of any of them, and (b) the Goods to be furnished cannot be obtained from other sources in sufficient time to permit Supplier to meet the delivery schedule. Supplier’s ability to provide sell Goods at a more advantageous price or Supplier’s economic hardship in buying materials or processing necessary operations for delivery manufacture of the Goods will not constitute a Force Majeure Eventan excusable delay event. The party affected by a Force Majeure Event an excusable delay will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Eventexcusable delay, and will use its best efforts to remedy the delaydelay if it is capable of being remedied. If Supplier’s delivery is delayed, Nitto Buyer may, at XxxxxBuyer’s sole option, cancel deliveries that had been scheduled during the excusable delay period of the Force Majeure Event or elect to extend the period of performance to cover commensurate with the period of delay caused by the Force Majeure Eventexcusable delay. If a Force Majeure Event an excusable delay occurs that affects delivery of Goods to NittoBuyer, Supplier will allocate its available resources supply of Goods in a manner that assures Nitto Buyer of at least the same amount proportion of Supplier’s total time in completing the delivery output of Goods as was allocated to Nitto before Buyer prior to the Force Majeure Eventexcusable delay event. If delivery of any Goods is delayed for more than 30 days, Nitto Buyer may, without liability, cancel all or any part of such purchase orderthis Purchase Order.

Excusable Delay (Force Majeure. Neither party will be in default for any delay or failure to perform due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the control of both Supplier and its sub-tier supplier(s) and without the fault or negligence of any of them, and (b) the Goods to be furnished cannot be obtained from other sources in sufficient time to permit Supplier to meet the delivery schedule. Supplier’s ability to provide Goods at a more advantageous price or Supplier’s economic hardship in processing necessary operations for delivery of the Goods will not constitute a Force Majeure Event. The party affected by a Force Majeure Event will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Event, and will use its best efforts to remedy the delay. If Supplier’s delivery is delayed, Nitto may, at XxxxxNitto’s sole option, cancel deliveries scheduled during the period of the Force Majeure Event or elect to extend the period of performance to cover the period caused by the Force Majeure Event. If a Force Majeure Event occurs that affects delivery of Goods to Nitto, Supplier will allocate its available resources in a manner that assures Nitto of at least the same amount of total time in completing the delivery as was allocated to Nitto before to the Force Majeure Event. If delivery of any Goods is delayed for more than 30 days, Nitto may, without liability, cancel all or any part of such purchase order.

Excusable Delay (Force Majeure. Neither party will be in default for any delay or failure to perform due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the control of both Supplier and its sub-tier supplier(s) and without the fault or negligence of any of them, and (b) the Goods to be furnished cannot be obtained from other sources in sufficient time to permit Supplier to meet the delivery schedule. SupplierOfferee’s ability to provide sell Goods at a more advantageous price or SupplierOfferee’s economic hardship in buying materials or processing necessary operations for delivery manufacture of the Goods will not constitute a Force Majeure Event. The party affected by a Force Majeure Event will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Event, and will use its best efforts to remedy the delay. If SupplierOfferee’s delivery is delayed, Nitto Offeror may, at XxxxxOfferor’s sole option, cancel deliveries scheduled during the period of the Force Majeure Event or elect to extend the period of performance to cover the period caused by the Force Majeure Event. If a Force Majeure Event occurs that affects delivery of Goods to NittoOfferor, Supplier Offeree will allocate its available resources supply of Goods in a manner that assures Nitto Offeror of at least the same amount proportion of Offeree’s total time in completing the delivery output of Goods as was allocated to Nitto Offeror before to the Force Majeure Event. If delivery of any Goods is delayed for more than 30 days, Nitto Offeror may, without liability, cancel all or any part of such purchase orderthis Offer.

Excusable Delay (Force Majeure. Neither party will shall be in default liable for any delay delays or failure to perform defaults due to causes solely beyond its reasonable control and without its fault or negligence (“Force Majeure Event”)negligence, including but not limited to, fires, floods, and Acts of God, provided however, that as soon as Supplier has reason to believe that the Products will not be delivered when scheduled, written notice setting forth the cause of the anticipated delay must be given immediately to MCC. Any If Supplier's delay or failure to perform default is caused by the delay or default of a sub-tier supplier of Supplier will subcontractor (if subcontracting is permitted), such delay or default shall be excused excusable only if (a) it is arose out of causes solely beyond the control of both Supplier and its sub-tier supplier(s) the subcontractor and without the fault or negligence of any either of them, them and (b) the Goods to be furnished canProducts were not be obtained obtainable from other sources in sufficient time to permit Supplier to meet the required delivery or performance schedule. Supplier’s 's ability to provide Goods sell Products at a more advantageous price or Supplier’s 's economic hardship in buying materials or processing necessary operations for delivery manufacture of the Goods Products will not constitute a Force Majeure Eventan excusable delay event. The party affected by a Force Majeure Event an excusable delay will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Eventexcusable delay, and will use its best efforts to remedy the delaydelay if it is capable of being remedied. If Supplier’s 's delivery is delayed, Nitto MCC may, at Xxxxx’s MCC's sole option, cancel deliveries that had been scheduled during the excusable delay period of the Force Majeure Event or elect to extend the period of performance to cover commensurate with the period of delay caused by the Force Majeure Eventexcusable delay. If a Force Majeure Event an excusable delay occurs that affects delivery of Goods Products to NittoMCC, Supplier will allocate its available resources supply of Products in a manner that assures Nitto MCC of at least the same amount proportion of Supplier's total time in completing the delivery output of Products as was allocated to Nitto before MCC prior to the Force Majeure Eventexcusable delay event. If delivery of any Goods Products is delayed for more than 30 days, Nitto MCC may, without liability, cancel all or any part of such purchase orderthe Agreement.