Excused Delay; Extension of Times of Performance Sample Clauses

Excused Delay; Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquake; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather which prevents, limits, retards or hinders the ability to perform; environmental conditions, known, pre-existing or discovered, delaying construction or development, including delays resulting from investigation and/or remediation of such conditions; initiatives, referenda, litigation or administrative proceedings challenging the Development Approvals, the Development or this Agreement; acts of another party (other than an Affiliate of such Party); acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City and/or the Agency shall not excuse performance by the City or the Agency); economic or product demand declines that make it not commercially feasible to proceed with development of the Site or a Phase thereof; or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. For purposes of this Section 11.5, an Excused Delay for economic or product demand declines that make it not commercially feasible to proceed with development of the Site or a Phase thereof shall be limited to a decline of fifteen percent (15%) or more in market prices for the Residential Units from those prices projected in the Project Pro Forma. The decline in market prices for the Residential Units shall be measured based on a market study performed by a market analyst mutually selected by the parties. The market analyst in preparing the market study shall assume an absorption schedule for the sale of the market rate Residential Units of twelve units per month. Developer may not invoke an Excused Delay for economic or product demand declines until such time as Developer has met the City's requirements to obtain a final subdivision map for Phase I of the Site. Excused Delay shall also include (provided the Party seeking the extension is acting with reasonable diligence) an additional reasonable period (a) required to complete compliance with and certification of any subsequent environmental analysis and documentation required for the Developme...
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Related to Excused Delay; Extension of Times of Performance

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • EXCUSE OF PERFORMANCE Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Failure of Performance (Art. 44) §1The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Term and Time of Performance The effective date of this Agreement shall begin on July 1, 2018 and will continue through June 30, 2023, subject to appropriation of funds, notwithstanding any other provision in this agreement.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends . ARTICLE 4.

  • TASK ORDER PERIOD OF PERFORMANCE ‌ The period of performance for each Order placed under the Master Contract shall be specified in the individual Order. All the following conditions apply:

  • Timeliness of Performance Contractor must provide the Services and Deliverables within the term and within the time limits required under this Contract, pursuant to Detailed Specifications or as specified in the applicable Task Order or Purchase Order. Further, Contractor acknowledges that TIME IS OF THE ESSENCE and that the failure of Contractor to comply with the time limits may result in economic or other losses to the City. Neither Contractor nor its agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

  • Warranty of Performance Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all Services and that each person and entity that will provide Services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services.

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