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, the TPA shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (including any failure by the TPA to make progress in the prosecution of the work hereunder which endangers performance) if the TPA has notified the 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA 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 the TPA to meet the Contract requirements. Upon request of the TPA, the Board shall ascertain the facts and extent of such failure, and, if the Board 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 TPA'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 of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the TPA Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (including any failure by the TPA Contractor to make progress in the prosecution of the work hereunder which endangers performance) if the TPA Contractor has notified the Board MDFA 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA Contractor 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 the TPA Contractor to meet the Contract requirements. Upon request of the TPAContractor, the Board MDFA shall ascertain the facts and extent of such failure, and, if the Board MDFA 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 TPAContractor '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 State under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the TPA Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (including any failure by the TPA Contractor to make progress in the prosecution of the work hereunder which endangers performance) if the TPA Contractor has notified the Board MDFA within 15 days after the cause of the delay and the failure arises out of causes ofcauses 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA Contractor 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 the TPA Contractor to meet the Contract requirements. Upon request of the TPAContractor, the Board MDFA shall ascertain the facts and extent of such failure, and, if the Board MDFA 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 TPAContractor '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 State under the clause of this Contract entitled “"Termination for Convenience”". (As used in this Paragraph of this clause, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the TPA Contractor 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 the TPA Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the TPA Contractor has notified the Board DFA 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the TPA Contractor to meet the Contract contract requirements. Upon request of the TPAContractor, the Board DFA shall ascertain the facts and extent of such failure, and, if the Board 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 TPAContractor's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the Board DFA under the clause of this Contract entitled ( in fixed-price contracts, “Termination for Convenience,” in cost-reimbursementcontracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the TPA Contractor 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 the TPA Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the TPA Contractor has notified the Board Agency Head 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 TPA Contractor 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 the TPA Contractor to meet the Contract contract requirements. Upon request of the TPAContractor, the Board Agency Head or designee shall ascertain the facts and extent of such failure, and, if the Board 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 TPA's Contractor’s progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the Board State under the clause of this Contract entitled (in fixed- price contracts, “Termination for Convenience” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the TPA Contractor 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 the TPA Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the TPA Contractor has notified the Board STF Director 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 TPA Contractor 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 the TPA Contractor to meet the Contract contract requirements. Upon request of the TPAContractor, the Board STF Director or designee shall ascertain the facts and extent of such failure, and, if the Board 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 TPA's Contractor’s progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the Board State under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the TPA 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 the TPA Vendor to make progress in the prosecution of the work hereunder which endangers performance) if the TPA Vendor has notified the Board DFA 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 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA 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 the TPA Vendor to meet the Contract contract requirements. Upon request of the TPAVendor, the Board DFA shall ascertain the facts and extent of such failure, and, if the Board DFA 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 TPAVendor'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 DFA under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the TPA 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 the TPA to make progress in the prosecution of the work hereunder which endangers such performance) if the TPA has notified the Board DFA 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the TPA to meet the Contract contract requirements. Upon request of the TPA, the Board DFA shall ascertain the facts and extent of such failure, and, if the Board 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 TPA's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the Board DFA under the clause of this Contract entitled ( in fixed-price contracts, “Termination for Convenience,” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the TPA Contractor 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 the TPA Contractor to make progress in the prosecution of the work hereunder which endangers performance) if the TPA Contractor has notified the Board DFA 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 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 make progress, and if such failure arises out of causes similar to those set forth above, the TPA Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the TPA Contractor to meet the Contract contract requirements. Upon request of the TPAContractor, the Board DFA shall ascertain the facts and extent of such failure, and, if the Board such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, the TPAContractor's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the Board DFA under the clause of this Contract contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".