Excusable Owner Delay Sample Clauses

Excusable Owner Delay. Regardless of the existence or absence of references to Excusable Owner Delay elsewhere in this Agreement, the deadlines of Owner set forth in Section 8.1 and all other deadlines and time periods within which Owner must fulfill the obligations of Owner elsewhere in this Agreement shall each be adjusted as appropriate to include Excusable Owner Delay Periods unless otherwise expressly provided in this Agreement; provided that Owner complies with the requirements of this Article X. With respect to each occurrence of Excusable Owner Delay, Owner shall, within twenty (20) days after Owner’s knowledge of the occurrence of an event that Owner reasonably believes to be an Excusable Owner Delay, which may be a claim from the Project Contractor, give Notice to the City Representative of the event constituting Excusable Owner Delay, Owner’s good faith estimate of the Excusable Owner Delay Period resulting therefrom and the basis therefor, Owner’s good faith estimate of any adjustment resulting therefrom that is to be made to the Project Construction Schedule or other time for performance, as the case may be, together with reasonable documentation supporting the adjustments proposed. If the City Representative believes that the documentation supplied is not sufficient to justify the delay claimed or adjustments proposed, the City Representative shall give Notice to Owner of the claimed deficiency and Owner shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice from Owner shall be required with respect to a continuing Excusable Owner Delay, except that Owner shall promptly (and in no event less often than every month) give Notice to the City Representative of any further changes in the Project Construction Schedule or the additional time for performance claimed by reason of the continuing delay. The City Representative shall have the right to challenge Owner’s assertion of the occurrence of an Excusable Owner Delay, or Owner’s good faith estimate of the Excusable Owner Delay Period, changes in the Project Construction Schedule or the additional time for performance claimed by reason of the Excusable Owner Delay if the City Representative gives Notice to Owner within thirty (30) days after receipt by City Representative of such claim of Excusable Owner Delay or Notice from Owner of further changes to such dates as a result of such Excusable Owner Delay, as the case may be (which challenge shall be deemed to ...
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Related to Excusable Owner Delay

  • 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.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of Contractor.

  • 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.

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