Excusable Developer Delay Sample Clauses

Excusable Developer Delay. Regardless of the existence or absence of references to Excusable Developer Delay elsewhere in this Developer Agreement, the deadlines and time periods within which the Developer must fulfill the obligations of the Developer in this Developer Agreement shall each be adjusted as appropriate to include Excusable Developer Delay Periods; provided, however, that (i) the obligation to pay any sums as and when due pursuant to the terms of this Developer Agreement is not subject to adjustment or extension due to Excusable Developer Delay, except that liquidated damages will not be payable until the expiration of any extension of time due to such Excusable Developer Delay, and the continuing failure of the Developer thereafter to fulfill the obligations of the Developer, and (ii) the Developer complies with the requirements of this Section 9.4. With respect to each occurrence of Excusable Developer Delay, the Developer shall, within seven (7) calendar days after the occurrence of such event of Excusable Developer Delay, give Notice to the Owner Representative of the event constituting Excusable Developer Delay, the Developer’s good faith estimate of the Excusable Developer Delay Period resulting therefrom and the basis of the calculation thereof, the Developer’s good faith estimate of any adjustment resulting therefrom that is to be made to the Hotel Project Improvements Construction Schedule or the time for performance of the Developer’s obligations under this Developer Agreement, together with reasonable documentation supporting the adjustments
Sample 1
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Excusable Developer Delay. Regardless of the existence or absence of references to Excusable Developer Delay elsewhere in this Agreement, any deadline or time period within which Developer must fulfill the obligations of Developer in this Agreement shall each be adjusted as appropriate to include Excusable Developer Delay Periods; provided that (i) the obligation to pay amounts when due pursuant to the terms of this Agreement is not subject to adjustment or extension due to Excusable Developer Delay, and (ii) Developer complies with the requirements of this ARTICLE VII. With respect to each occurrence of Excusable Developer Delay, Developer Representative shall, within fifteen (15) Business Days after Developer’s knowledge of the occurrence of such event of Excusable Developer Delay, give notice to Authority of the event constituting Excusable Developer Delay, Developer Representative’s good faith estimate of the Excusable Developer Delay Period resulting therefrom and the basis therefor, Developer Representative’s good faith estimate of any adjustment resulting therefrom that is to be made in the time for performance, together with reasonable documentation supporting the adjustments proposed. If Authority believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, Authority shall give notice to Developer Representative of the claimed deficiency and Developer Representative shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) notice from Developer Representative shall be required with respect to a continuing Excusable Developer Delay, except that Developer Representative shall promptly (and in no event less often than every ten (10) Business Days) give notice to Authority of any further changes in the additional time for performance claimed by reason of the continuing delay. Authority shall have the right to challenge Developer Representative’s assertion of the occurrence of an Excusable Developer Delay, or Developer Representative’s good faith estimate of the Excusable Developer Delay Period, or changes in the additional time for performance claimed by reason of Excusable Developer Delay if Authority gives notice to Developer Representative within fifteen (15) Business Days after receipt by Authority of such claim of Excusable Developer Delay or notice from Developer Representative of further changes to such dates as a result of such Excusable Developer Delay, as the case ma...
Sample 1

Related to Excusable Developer Delay

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Unavoidable Delay When construction is impeded as a result of strikes, lockouts, acts of God or other factors beyond the control, and ability to remedy, of the Developer.

  • H7 Force Majeure H7.1 Neither Party, shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Contract (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Contract for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Contract for a period in excess of six (6) Months, either Party may terminate the Contract with immediate effect by notice in writing.

  • Operation Delays STATE shall have the authority to delay or suspend the operations of PURCHASER and contractors of PURCHASER, wholly or in part, under this contract for such period or periods necessary due to fire hazard conditions, severe weather occurrence, surveying for threatened or endangered species listed under the state or federal Endangered Species Act, or any other activity STATE determines to be necessary for identification, management, or protection of a threatened or endangered species. PURCHASER agrees to cooperate with surveying efforts of STATE or its contractors. In no event shall STATE be liable for any costs incurred by PURCHASER by reason of delay or suspension under this section, including but not limited to costs of additional move-in/move-out of equipment and personnel, extra fire and equipment security, and insurance or bonding expenses.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event.

  • F orce Majeure CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within thirty-six (36) hours of the start of the delay and CONTRACTOR avails himself of any available remedies.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

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