Common use of Excuse for Nonperformance or Delayed Performance Clause in Contracts

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Vendor has notified the MTC or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Vendor to meet the contract requirements. In such a case, MDOT may, upon the request of the Vendor, revise the delivery schedule accordingly.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Vendor The CONTRACTOR shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (terms, including any failure by Vendor the CONTRACTOR to make progress in the prosecution of the work performance hereunder which endangers such performance) , if Vendor the CONTRACTOR has notified the MTC or designee Agency procurement officer within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the a public enemy; acts of the State and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Vendor the CONTRACTOR shall not be deemed to be in default, unless the goods and services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Vendor the CONTRACTOR to meet the contract requirementsrequirements of the Contract. In such a case, MDOT may, upon the Upon request of the VendorCONTRACTOR, revise the Agency procurement officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the CONTRACTOR'S progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the STATE under this Contract. As used in this paragraph, the term "subcontractor" means subcontractor at any tier.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Vendor PBM shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Vendor PBM to make progress in the prosecution of the work hereunder which endangers such performance) if Vendor PBM has notified the MTC or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Vendor PBM shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Vendor PBM to meet the contract Contract requirements. In such a case, MDOT may, upon the Upon request of PBM, the VendorBoard shall ascertain the facts and extent of such failure, revise and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, PBM’s progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the Board under the clause entitled “Termination for Convenience.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Vendor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Vendor has notified the MTC or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Vendor to meet the contract requirements. In such a case, MDOT may, upon the request of the Vendor, revise the delivery schedule accordingly.