Excuse of Performance. Notwithstanding any other provision of this Agreement to the contrary, Developer shall be entitled to an adjustment in the time for or excuse of the performance of any duty or obligation of Developer under this Agreement for Force Majeure events, but only for the number of days due to and/or resulting as a consequence of such causes and only to the extent that such occurrences actually prevent or delay the performance of such duty or obligation or cause such performance to be commercially unreasonable.
Appears in 5 contracts
Samples: Development and Host Community Agreement (Full House Resorts Inc), Host Community Agreement, Host Community Agreement
Excuse of Performance. (a) Notwithstanding any other provision of this Agreement to the contrary, Developer shall be entitled to an adjustment in the time for or excuse of the performance of any duty or obligation of Developer under this Agreement for Force Majeure events, but only for the number of days due to and/or resulting as a consequence of such causes and only to the extent that such occurrences actually prevent or delay the performance of such duty or obligation or cause such performance to be commercially unreasonable.
Appears in 2 contracts
Samples: Development Agreement (Greektown Superholdings, Inc.), Development Agreement (New Greektown Holdco LLC)
