Common use of Excuse of Non-Performance Clause in Contracts

Excuse of Non-Performance. So long as the conditions set forth in this Section 8.2 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of the Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Key Milestone to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that: (a) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay; (b) Contractor provides timely notice of the Owner-Caused Delay, and (c) Contractor provides all assistance reasonably requested by Owner, at Owner’s cost, for the elimination or mitigation of the Owner-Caused Delay.

Appears in 6 contracts

Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement

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