Common use of EXCUSABLE DELAYS (FORCE MAJEURE Clause in Contracts

EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party shall be in breach of this Contract to the extent that any delay or default in performance is due to act of God, act of any governmental authority, riot, revolution, war, terrorism or threat thereof, tornado, hurricane, flood and other natural disasters, lightning and other abnormal or severe climatic conditions causing loss of more than one (1) day in any given calendar week, a Change in Applicable Legal Requirements, the loss or inability to perform for more than five (5) consecutive working days, of any xxxxxxx or any three (3) mechanics of Seller at the same time, in each case due to injury or death of such persons (but not due to termination of employment or any other cause), or any other cause which is beyond the reasonable control of the delayed or non-performing Party (including, but not limited to, interference by the other Party, Owner, or the EPC Contractor or the non-performance by the other Party or the EPC Contractor of its obligations under this Contract or the EPC Contract) (“Force Majeure”). Force Majeure shall not mean any act or event to the extent caused by the fault or negligence of any person or entity claiming Force Majeure, or the financial inability of any person or entity to pay or otherwise not perform its obligations under this Contract. In addition, Force Majeure shall not include:

EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party shall be in breach of this Contract to the extent that any delay or default in performance is due to act of God, act of any governmental authority, riot, revolution, war, terrorism or threat thereof, tornado, hurricane, flood and other natural disasters, lightning and other abnormal or severe climatic conditions causing loss of more than one (1) day in any given calendar week, a Change in Applicable Legal Requirements, the loss or inability to perform for more than five (5) consecutive working days, of any xxxxxxx or any three (3) mechanics of Seller at the same time, in each case due to injury or death of such persons (but not due to termination of employment or any other cause)*, or any other cause which is beyond the reasonable control of the delayed or non-performing Party (including, but not limited to, interference by the other Party, Owner, or the EPC Contractor or the non-performance by the other Party or the EPC Contractor of its obligations under this Contract or the EPC Contract) (“Force Majeure”). Force Majeure shall not mean any act or event to the extent caused by the fault or negligence of any person or entity claiming Force Majeure, or the financial inability of any person or entity to pay or otherwise not perform its obligations under this Contract. In addition, Force Majeure shall not include:

EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party shall be in breach of this Contract to the extent that any delay or default in performance is due to act of God, act of any governmental authority, riot, revolution, war, terrorism or threat thereof, tornado, hurricane, flood and other natural disasters, lightning and other abnormal or severe climatic conditions causing loss of more than one (1) day in any given calendar week, a Change in Applicable Legal Requirements, * the loss or inability to perform perform, for more than five (5) consecutive working days, of any xxxxxxx or any three (3) mechanics of Seller at the same time, in each case due to injury or death of such persons (but not due to termination of employment or any other cause), or any other cause which is beyond the reasonable control of the delayed or non-performing Party (including, but not limited to, interference by the other Party, Owner, or the EPC Contractor or the non-performance by the other Party or the EPC Contractor of its obligations under this Contract or the EPC Contract) (“Force Majeure”). Force Majeure shall not mean any act or event to the extent caused by the fault or negligence of any person or entity claiming Force Majeure, or the financial inability of any person or entity to pay or otherwise not perform its obligations under this Contract. In addition, Force Majeure shall not include:

EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party shall be in breach of this Contract to the extent that any delay or default in performance is due to act of God, act of any governmental authority, riot, revolution, war, terrorism or threat thereof, tornado, hurricane, flood and other natural disasters, lightning and other abnormal or severe climatic conditions causing loss of more than one (1) day in any given calendar week, a Change in Applicable Legal Requirements, the loss or inability to perform perform, for more than five (5) consecutive working days, of any xxxxxxx or any three (3) mechanics of Seller at the same time, in each case due to injury or death of such persons (but not due to termination of employment or any other cause), or any other cause which is beyond the reasonable control of the delayed or non-performing Party (including, but not limited to, interference by the other Party, Owner, or the EPC Contractor or the non-performance by the other Party or the EPC Contractor of its obligations under this Contract or the EPC Contract) (“Force Majeure”). Force Majeure shall not mean any act or event to the extent caused by the fault or negligence of any person or entity claiming Force Majeure, or the financial inability of any person or entity to pay or otherwise not perform its obligations under this Contract. In addition, Force Majeure shall not include: