Excused Delays Sample Clauses

Excused Delays. Notwithstanding any other provision herein, if Seller is delayed in performing any of its obligations hereunder or meeting any specified completion dates by labor disputes, fire, delays in deliveries, adverse weather conditions, unanticipated damage to or destruction of the Property, governmental controls or moratoria, acts of God or any other causes beyond

Excused Delays. Excused Delays shall mean Force Majeure Delays and Tenant Delays, which terms shall be defined as follows: (a) Force Majeure Delays shall include any delay in construction of the Expansion Space Tenant Improvements to the extent the same results from any (i) strikes, lockouts or labor disputes, (ii) delays in obtaining labor or materials or reasonable substitutes therefore of which Landlord or its contractors had no reason to expect at the time of contracting for same, (iii) abnormal inclement weather which delays or precludes construction, acts of God or the public enemy, condemnation, civil commotion, fire or other casualty, (iv) shortage of fuel, (v) action or nonaction of public utilities or of local, state or federal governments, affecting the work, the occurrence of which Landlord or its general contractor had no reason to anticipate including, but not limited to, delays in the permitting process as a result of the action or inaction or such governmental authorities, (vi) other conditions similar to those enumerated above which are beyond the reasonable anticipation of Landlord or its general contractor, such that the Landlord cannot reasonably perform any obligation on Landlord’s part to be performed hereunder within the time periods herein specified; provided, however, that a Force Majeure Delay shall not include delays to the extent that such delays can be reasonably controlled or mitigated by Landlord without Landlord incurring additional costs or expenses. (b) Tenant Delays shall be delays in the construction of the Expansion Space Tenant Improvements or delays in obtaining the Certificate of Occupancy to the extent the same result from any or all of the following: (i) Tenant’s failure to (A) approve or disapprove the construction documents within the time requirements of this Work Letter Agreement, and if Tenant has disapproved the construction documents, then any delay in finalizing the construction documents except to the extent such delay is caused by the Landlord’s failure to act diligently to complete the construction documents, or (B) respond to change orders on a timely basis and/or to pay invoices (within five (5) business days of submission thereof to Tenant) for amounts due in excess of the T.I. Allowance; (ii) Tenant’s failure to deliver the T.I. Outline Specifications by the date set forth in Section 2(b), and for each day thereafter; (iii) Changes by Tenant to any or all of the T.I. Outline Specifications, the Expansion Space T.I. ...

Excused Delays. To the extent that a delay or failure to perform result from causes beyond the reasonable control of the affected party, that party will be excused and not liable for such delay or failure. If Finastra experiences any delays in the delivery of the Software or Services which result from Customer's failure to meet Customer's obligations described in the Order Request, Customer will reimburse Finastra for any reasonable additional costs Finastra incurs as a result of such delays.

Excused Delays. To the extent that a delay or failure to perform result from causes beyond the reasonable control of the affected party, that party will be excused and not liable for such delay or failure.

Excused Delays. In order for a Party to be excused from its payment obligations under Section 3.8.1 or 3.8.2 (as applicable) for a delay in achieving a Product Deadline, such Party (after becoming aware of circumstances likely to result in a delay in the performance of its obligations) must notify the other Party’s Executive Sponsor and (i) propose, timely implement, and adhere to a mitigation plan approved by the other Party in the exercise of its reasonable discretion or (ii) provide reasonable substantiating evidence that such delay was caused by the other Party or by a Force Majeure Event.

Excused Delays. Notwithstanding any other provision herein, if Seller is delayed in performing any of its obligations hereunder or meeting any specified completion dates by labor disputes, fire, delays in deliveries, adverse weather conditions, unanticipated damage to or destruction of the Property, changes requested by Purchaser, governmental controls or moratoria, acts of Nature or any other causes beyond Seller’s reasonable control, then the time-period specified herein for performance of such obligation and/or meeting such completion date shall be extended a sufficient number of working days to enable and allow Seller to perform and/or complete the obligation.

Excused Delays. Seller and Seller’s Representative will use reasonable efforts to accommodate any delay on the part of the Receiving Vessel, considering other delivery commitments of Seller and/or the facility where delivery is to occur, provided, however, should the Receiving Vessel be unable to take delivery within four (4) hours after the Delivery Time, for any reason not due to the fault of Seller or Seller’s Representative, then Seller and Seller’s Representative will be excused from timely performance hereunder and may make delivery to the Receiving Vessel at any time in their reasonable discretion, and Seller or Seller’s Representative shall bear no responsibility for demurrage or any other costs or expenses of Buyer. Buyer’s rights to cancel or delay deliveries under Section 18, “Force Majeure” are expressly conditioned upon Buyer providing adequate notice of any anticipated delays.

Excused Delays. Except as otherwise set forth in this Section 17.32, neither party shall have liability to the other on account of the following acts (each of which is an “Excused Delay” and jointly all of which are “Excused Delays”)” which shall include: (a) the inability to fulfill, or delay in fulfilling, any obligations under this Lease by reason of strike, lockout, other labor trouble, dispute or disturbance; (b) governmental regulation, moratorium, action, preemption or priorities or other controls; (c) shortages of fuel, supplies or labor; (d) any failure or defect in the supply, quantity or character of electricity or water furnished to the Premises by reason of any requirement, act or omission of the public utility or others furnishing the Building with electricity or water; (e) inclement weather (defined as unusual or unseasonable weather, including without limitation precipitation, temperature and wind, varying by more than 5% over the applicable daily average over the prior twenty (20) year period as reported by the National SCHNITZER-STANDARD FORM OFFICE LEASE 40 Weather Service for the Seattle metropolitan area) which delays critical path activities of construction of the improvements, or (f) for any other reason, whether similar or dissimilar to the above, beyond a party’s reasonable control including without limitation acts of God. If this Lease specifies a time period for performance of an obligation of a party, that time period shall be extended by the period of any delay in the party’s performance caused by any of the events of Excused Delay described herein; provided, that notwithstanding anything to the contrary above, no payment of money (whether as Base Rent, Tenant’s Share of Operating Expenses, or any other payment due under this Lease) shall be postponed, delayed or forgiven by reason of any of the foregoing events of Excused Delay.

Excused Delays. To the extent that a delay or failure to perform results from causes beyond the reasonable control of the affected party, that party will be excused and not liable for such delay or failure. If the Service Provider experiences any delays in the delivery of the Software or Services which result from the Client’s failure to meet the Client’s obligations described in the Master Agreement, the Client will reimburse the Service Provider for any reasonable additional costs the Service Provider incurs as a result of such delays.