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. 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, any actual and material delay greater than one hundred eighty (180) days (or any material delay which is reasonably expected to exceed two hundred seventy (270) days) shall be grounds for termination (without cause or penalty) by the other party.
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 Majeure affecting 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. 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. Payment Terms: 50% due with contract by September 01, 2022. Balance of storage fees will be invoiced upon haulout. All invoices are due upon receipt of invoice.
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):
Excused Delay. Landlord shall diligently proceed with the ------------- construction of the Landlord's Improvements and complete the same and deliver possession thereof to Tenant on or before February 1, 1998 (the "Completion Date"); provided, however if delay is caused or -------- contributed to by act (including change orders) or neglect of Tenant, or those acting for or under Tenant, labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor or building materials, action or non-action of public utilities, or federal governments affecting the work, or action or non-action of Seller, as hereinafter defined, (and not caused by Landlord), or other entities exercising control over the Property via restrictive covenants or other causes beyond Landlord's reasonable control then the time of completion of said construction shall be extended for the additional time caused by such delay. The delays resulting from the events described in this Section 2.3 are each hereinafter referred to as an "Excused Delay" and the events are each hereinafter referred to as "Force Majeure Events."
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 each day of delay caused by Tenant Delay or Force Majeure, Landlord’s performance dates will be extended for an equivalent period of time.
Excused Delay. Any delay which is caused or contributed to by act or failure to act of Tenant or those acting for or under Tenant (including, without limitation, delays in approval of plans and specifications or other material selections beyond the time periods required hereby, delays in submission of the Final Fit Plan or the Final Tenant Improvement Plans and delays occasioned by change orders requested and approved by Tenant), labor disputes, casualties, acts of God or the public enemy, governmental embargo restrictions, shortages of fuel, labor, or building materials, action or non-action of public utilities, or of local, state or federal governments affecting the work, or other causes beyond Landlord’s reasonable control, shall constitute “Excused Delay”. Landlord shall use commercially reasonable efforts to notify Tenant of an event of Excused Delay within thirty (30) days of the occurrence of such an event.
