Common use of Excusable Delay Clause in Contracts

Excusable Delay. (a) SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's control and without SELLER's fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather and delays of common carriers. (b) In order to be excused from performance under (a) SELLER shall submit, within ten (10) calendar days of the start of the event causing delay, a written notice stating a complete and detailed description of such event, the date of commencement, an estimate of the probable period of delay, and explanation indicating how such event was beyond the control of SELLER and not due to its negligence or fault and what efforts SELLER will make to minimize the length of delay. SELLER shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the schedule and evidence justifying the length of the delay. (c) If the delay extends for thirty (30) days or more this Contract may be terminated by LOCKHEED XXXXXX without additional cost and without liability to SELLER.

Appears in 21 contracts

Samples: Commercial Subcontract/Purchase Order, International Commercial Subcontract/Purchase Order, International Commercial Subcontract/Purchase Order

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Excusable Delay. (a) SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's control and without SELLER's fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather and delays of common carriers. (b) In order to be excused from performance under (a) SELLER shall submit, within ten (10) calendar days of the start of the event causing delay, a written notice stating a complete and detailed description of such event, the date of commencement, an estimate of the probable period of delay, and explanation indicating how such event was beyond the control of the SELLER and not due to its negligence or fault and what efforts SELLER will make to minimize the length of delay. SELLER shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the schedule and evidence justifying the length of the delay. (c) If the delay extends for thirty (30) days or more this Contract may be terminated by LOCKHEED XXXXXX without additional cost and without liability to SELLER.

Appears in 10 contracts

Samples: Subcontract/Purchase Order Agreement, Subcontract/Purchase Order, Subcontract/Purchase Order Agreement

Excusable Delay. (a) SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's control and without SELLER's fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather and delays of common carriers. (b) In order to be excused from performance under (a) SELLER shall submit, within ten (10) calendar days of the start of the event causing delay, a written notice stating a complete and detailed description of such event, the date of commencement, an estimate of the probable period of delay, and explanation indicating how such event was beyond the control of SELLER the Seller and not due to its negligence or fault and what efforts SELLER Seller will make to minimize the length of delay. SELLER Seller shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the schedule and evidence justifying the length of the delay. (c) If the delay extends for thirty (30) days or more this Contract may be terminated by LOCKHEED XXXXXX without additional cost and without liability to SELLER.

Appears in 7 contracts

Samples: Commercial Subcontract/Purchase Order, General Provisions and Far Flowdown Provisions, International Commercial Subcontract/Purchase Order

Excusable Delay. (a) SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's control and without SELLER's fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather and delays of common carriers. (b) In order to be excused from performance under (a) SELLER shall submit, within ten (10) calendar days of the start of the event causing delay, a written notice stating a complete and detailed description of such event, the date of commencement, an estimate of the probable period of delay, and explanation indicating how such event was beyond the control of SELLER and not due to its negligence or fault and what efforts SELLER will make to minimize minimise the length of delay. SELLER shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the schedule and evidence justifying the length of the delay. (c) If the delay extends for thirty (30) days or more this Contract may be terminated by LOCKHEED XXXXXX without additional cost and without liability to SELLER.

Appears in 4 contracts

Samples: Commercial Subcontract/Purchase Order, Commercial Subcontract/Purchase Order, Commercial Subcontract/Purchase Order

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Excusable Delay. (a) a. SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's ’s control and without SELLER's ’s fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather weather, and delays of common carriers. (b) b. In order to be excused from performance under (a) ), SELLER shall submit, within ten (10) calendar days of the start of the event causing delay, a written notice stating a complete and detailed description of such event, the date of commencement, an estimate of the probable probably period of delay, and explanation indicating how such event was beyond the control of SELLER and not due to its negligence or fault and what efforts SELLER will make to minimize the length of delay. SELLER shall submit within ten (10) calendar days of the end of the event a written notice stating the impact to the schedule and evidence justifying the length of the delay. (c) c. If the delay extends for thirty (30) days or more more, this Contract may be terminated by LOCKHEED XXXXXX KLAS without any additional cost and without liability to SELLER.

Appears in 1 contract

Samples: General Provisions for International Subcontracts/Purchase Orders

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