Common use of Excusable Failure Clause in Contracts

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schools, Huron Valley Schools may: (a) procure the affected deliverable(s) from the contractor’s source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxx XXXX reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsXxxxx XXXX, Huron Valley Schools Xxxxx XXXX may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxx XXXX must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxx XXXX as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxxxx County reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsXxxxxxx County, Huron Valley Schools Xxxxxxx County may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxxxx County must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxxxx County as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-non- performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxx XXXX reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsXxxxx XXXX, Huron Valley Schools Xxxxx XXXX may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxx XXXX must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxx XXXX as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(sDeliverable(s) for more than 10 daysDays, and Huron Valley Schools the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe State, Huron Valley Schools the State may: (a) procure the affected deliverable(sDeliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(sDeliverable(s) that are terminated. Huron Valley Schools The State must pay for all deliverable(sDeliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools the State as a result of any Excusable Failure or to payments for deliverable(sDeliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxxxx County reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsJackson County, Huron Valley Schools Xxxxxxx County may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxxxx County must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxxxx County as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 45 days, and Huron Valley Schools reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schools, Huron Valley Schools may: (a) procure the affected deliverable(s) from the contractor’s source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Jackson County reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsJackson County, Huron Valley Schools Jackson County may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Jackson County must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Jackson County as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-non- performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxx XXXX reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsXxxxx XXXX, Huron Valley Schools Xxxxx XXXX may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxx XXXX must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxx XXXX as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-non- performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(sDeliverable(s) for more than 10 daysDays, and Huron Valley Schools the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe State, Huron Valley Schools the State may: (a) procure the affected deliverable(sDeliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(sDeliverable(s) that are terminated. Huron Valley Schools The State must pay for all deliverable(sDeliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools the State as a result of any Excusable Failure or to payments for deliverable(sDeliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schools, Huron Valley Schools may: (a) procure the affected deliverable(s) from the contractor’s source without liability for payment so long as the delay in performance continues; or (b) may terminate any portion of the Contract so affected and equitably adjust charges payable to in accordance with the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools must pay for all deliverable(s) for which Final Acceptance has been granted before the other applicable termination dateprovisions contained herein. The Contractor will not have the right to any additional payments from Huron Valley Schools as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools Xxxxx XXXX reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsXxxxx XXXX, Huron Valley Schools Xxxxx XXXX may: (a) procure the affected deliverable(s) from the contractor’s an alternate source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools Xxxxx XXXX must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools Xxxxx XXXX as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.