Excused Delay. Subcontractor shall not be liable for any delay and shall be entitled to additional time for the Work, if a delay is caused by an occurrence beyond the reasonable control of Subcontractor, and without its fault or negligence, subject to the condition precedent that Contractor shall receive from Customer a corresponding extension of time. Subcontractor's sole and exclusive remedy for delay is an extension of time.
Excused Delay. If Seller fails to achieve Commercial Operation on or before the Scheduled Commercial Operation Date due to an Excused Delay, the Scheduled Commercial Operation Date shall be deemed extended on a day-for-day basis to match the duration of such Excused Delay. Upon the request of Seller, and provided that the existence or duration of any Excused Delay is not the subject of a good faith dispute between the Parties and no Seller Event of Default has occurred and is continuing, Utility agrees to provide reasonable assurances to Seller’s Lenders and other financial institutions that the Scheduled Commercial Operation Date has been extended under this Section 2.7.
Excused Delay. Notwithstanding anything to the contrary in this Agreement, any Force Majeure shall not be considered a breach of this Agreement, shall not give rise to a right of termination with respect to a Product SKU under Section 6.4(e) or 13.4, and the time required for performance shall be extended for a period equal to the period of such delay. Force Majeure shall include acts of God, acts of the public enemy, war, terrorism, insurrections, riots, injunctions, pandemics, epidemics, embargoes, fires, explosions, floods, tornadoes, violent wind damage, changes in applicable Law or government orders, or other unforeseeable causes beyond the reasonable control, and without the fault or negligence of, the Party so affected. The Party that is subject to a Force Majeureaffecting this Agreement shall give prompt written notice to the other Party of such Force Majeure and shall take commercially reasonable steps to seek to mitigate the effects of such Force Majeure.
Excused Delay. The untimely performance of any obligations arising hereunder by any Party will be excused, and such delay of performance shall not constitute breach, or grounds for termination or prejudice of any rights hereunder, if the delay of performance is a result of circumstances or occurrences beyond the reasonable control of the Party whose performance is excused hereunder ("Force Majeure"), provided that such Party (i) shall immediately notify the other of any such anticipated delay and its expected duration and (ii) shall immediately resume performance after the cause of delay is removed, and (iii) shall during such delay be reasonably diligent in avoiding further delay. Without limiting the generality of circumstances or occurrences beyond the reasonable control of a Party, examples of such circumstances or occurrences are strikes, shortages of power, materials or transportation, acts of government or of God, sabotage or insurrection. Notwithstanding the above, the suffering by one Party of any actual and material delay greater than one hundred eighty (180) days in any one year period (or any material delay which is reasonably expected to exceed 270 days in any one year period) shall be grounds for termination (without cause or penalty) by the other Party.
Excused Delay. Notwithstanding anything to the contrary contained herein, if the Yard’s performance of any term or obligation is impacted by an “Excused Delay”, the Yard may extend the time for performance of its term or obligation and the Yard shall be entitled to perform such term or obligation within an appropriate time period after the expiration of the period of such delay. As used herein, an “Excused Delay” means a delay directly or indirectly caused by an Act of God, declared state of emergency or public health emergency, pandemic (specifically including COVID-19), government mandated quarantine, war, acts of terrorism, and/or order of government or civil or military authorities, fire, flood, earthquake or similar natural disasters, extreme weather events, riot, terrorism, civil strife, labor disputes or disturbances or other extraordinary events outside the control of the Yard.
Excused Delay. Neither Calavo nor MPC shall be deemed in default of this Agreement to the extent that performance of its respective obligations or attempts to cure any breach are delayed or prevented by reason of any Force Majeure such as Act of God, fire, natural disaster, or act of government; provided that the party interfered with gives the other party written notice thereof within ten (10) business days of any such event or occurrence and such party acts reasonably to overcome such Force Majeure.
Excused Delay. Landlord shall diligently proceed with the construction of the Improvements and complete the same and deliver possession thereof to Tenant on or before March 31, 1997 (the "Target Commencement Date"), provided, however, if delay is caused or contributed to by act or neglect of Tenant or those acting for or under Tenant (excluding Landlord), labor disputes, casualties, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or nonaction of public utilities, or of local, state or federal governments affecting the Improvements, or other causes beyond Landlord's reasonable control, then the Target Commencement Date shall be extended for the additional time caused by such delay. Such a delay is hereinafter referred to as an "Excused Delay." In addition, the Target Commencement Date shall be extended by the number of days (i) after March 31, 1996 (the "Target Execution Date"), this Lease is fully executed by Tenant and Landlord, or (ii) after June 30, 1996 (the "Target Permit Date"), Landlord obtains all governmental approvals and permits necessary for the construction of the Improvements, unless the delay in obtaining such governmental approvals and permits is caused by Landlord.
Excused Delay. For purposes herein, “Excused Delay” shall mean (i) scheduled maintenance ("Maintenance Windows"), (ii) maintenance or service interruptions requested by Customer and implemented by BRT, (iii) Customer’s breach of any provision of the Agreement to the extent it caused the delay, (iv) any delay or unavailability to the extent caused by any Content, (v) performance of internet services, or (vi) force majeure or other circumstances beyond BRT’s reasonable control. Any extended scheduled Maintenance Windows are typically scheduled on Saturday nights from 9:00 pm to Sunday 6:00 am Mountain Time, though mid−week updates requiring an outage of ten (10) minutes or less may be scheduled during non−business hours as required. BRT shall post notification of scheduled Maintenance Windows on the DynaFile status page located at xxxx://xxxxxx.xxxxxxxx.xxx with a minimum notice of twenty−four (24) hours prior to performing said maintenance. It is Customer's responsibility to subscribe to updates from the link provided at this page in order to receive notification of Maintenance Windows or service outages.
Excused Delay. Defined in Section 3.4.
Excused Delay. If Contractor is delayed at any time in the progress of the Work or the Required Substantial Completion Date is delayed due to the following causes (“Excused Delay”), the Required Substantial Completion Date and Required Final Completion Date shall be extended by a period of time equal to the number of days of Excused Delay (provided that, for any day on which two or more Excused Delays overlap, Contractor shall be allowed only one day of Excused Delay):
