Common use of Excused Delays Clause in Contracts

Excused Delays. For all purposes under this Agreement, the Guaranteed Initial Delivery Date will be extended on a day for day basis without imposition of any Daily Delay Damages to the extent that Seller is delayed in its critical path to achieving the Initial Delivery Date by the Guaranteed Initial Delivery Date due to any of the following events: Force Majeure, provided that all extensions of the Guaranteed Initial Delivery Date for the Project due to Force Majeure shall not exceed 90 calendar days in the aggregate (“Maximum Force Majeure Delay”) [NOTE: for Projects with an Initial Delivery Date occurring on or before August 1, 2021, the Maximum Force Majeure Delay will be thirty (30 days)] and any delay by Seller in excess of the Maximum Force Majeure Delay shall be subject to Daily Delay Damages in accordance with Section 2.10.1. Delay by the Participating Transmission Owner or the CAISO in installing the Interconnection Facilities for which it is responsible in accordance with the schedule set forth in the electrical interconnection agreement among Seller, the CAISO, and the Participating Transmission Owner. Seller acknowledges and agrees that nothing in this Agreement is intended to abrogate, amend or modify the terms of any electrical interconnection agreement between it and the Participating Transmission Owner. Except as may be set forth in such electrical interconnection agreements, the Participating Transmission Owner has not made and makes no, and Seller is not relying on any, representations or warranties of any kind or nature, express or implied, with respect to the electrical interconnection, including, but not limited to, any representations or warranties concerning the costs, construction schedule, or permitting of, or any other matter related to, the electrical interconnection for the Project. Seller’s sole and exclusive remedy under this Agreement for any delay by the Participating Transmission Owner or the CAISO in completing the Interconnection Facilities for which it is responsible is an extension of the Guaranteed Initial Delivery Date in accordance with this Section. Buyer’s delay or other failure to perform any of its material obligations under this Agreement which are to be performed prior to the Initial Delivery Date in a manner that directly delays the Initial Delivery Date. EVENTS OF DEFAULT; REMEDIES; TERMINATION

Excused Delays. For all purposes under this Agreement, the Guaranteed Initial Delivery Date will be extended on a day for day basis without imposition of any Daily Delay Damages to the extent that Seller is delayed in its critical path to achieving the Initial Delivery Date by the Guaranteed Initial Delivery Date due to any of the following events: Force Majeure, provided that all extensions of the Guaranteed Initial Delivery Date for the Project due to Force Majeure shall not exceed 90 calendar days in the aggregate (“Maximum Force Majeure Delay”) [NOTE: for Projects with an Initial Delivery Date occurring on or before August 1, 2021, the Maximum Force Majeure Delay will be thirty (30 days)] and any delay by Seller in excess of the Maximum Force Majeure Delay shall be subject to Daily Delay Damages in accordance with Section 2.10.1. Delay by the Participating Transmission Owner or the CAISO in installing the Electrical Interconnection Facilities Upgrades for which it is responsible in accordance with the schedule set forth in the electrical interconnection agreement among Seller, the CAISO, and the Participating Transmission Owner. Seller acknowledges and agrees that nothing in this Agreement is intended to abrogate, amend or modify the terms of any electrical interconnection agreement between it and the Participating Transmission Owner. Except as may be set forth in such electrical interconnection agreements, the Participating Transmission Owner has not made and makes no, and Seller is not relying on any, representations or warranties of any kind or nature, express or implied, with respect to the electrical interconnection, including, but not limited to, any representations or warranties concerning the costs, construction schedule, or permitting of, or any other matter related to, the electrical interconnection interconnection] for the Project. Seller’s sole and exclusive remedy against Buyer under this Agreement for any delay by the Participating Transmission Owner or the CAISO in completing the Electrical Interconnection Facilities Upgrades for which it is responsible is an extension of the Guaranteed Initial Delivery Date in accordance with this Section. Buyer’s delay or other failure to perform any of its material obligations under this Agreement which are to be performed prior to the Initial Delivery Date in a manner that directly delays the Initial Delivery Date. EVENTS OF DEFAULT; REMEDIES; TERMINATION.

Excused Delays. For all purposes under this Agreement, the Guaranteed Initial Delivery Date will be extended on a day for day basis without imposition of any Daily Delay Damages to the extent that Seller is delayed in its critical path to achieving the Initial Delivery Date by the Guaranteed Initial Delivery Date due to any of the following events: Force Majeure, provided that all extensions of the Guaranteed Initial Delivery Date for the Project due to Force Majeure shall not exceed 90 calendar days in the aggregate (“Maximum Force Majeure Delay”) [NOTE: for Projects with an Initial Delivery Date occurring on or before August 1, 2021, the Maximum Force Majeure Delay will be thirty (30 days)] and any delay by Seller in excess of the Maximum Force Majeure Delay shall be subject to Daily Delay Damages in accordance with Section 2.10.1. [Delay by the Participating Transmission Owner or the CAISO in installing the Electrical Interconnection Facilities Upgrades for which it is responsible in accordance with the schedule set forth in the electrical interconnection agreement among Seller, the CAISO, and the Participating Transmission Owner. Seller acknowledges and agrees that nothing in this Agreement is intended to abrogate, amend or modify the terms of any electrical interconnection agreement between it and the Participating Transmission Owner. Except as may be set forth in such electrical interconnection agreements, the Participating Transmission Owner has not made and makes no, and Seller is not relying on any, representations or warranties of any kind or nature, express or implied, with respect to the electrical interconnection, including, but not limited to, any representations or warranties concerning the costs, construction schedule, or permitting of, or any other matter related to, the electrical electric interconnection for the Project. Seller’s sole and exclusive remedy against Buyer under this Agreement for any delay by the Participating Transmission Owner or the CAISO in completing the Electrical Interconnection Facilities Upgrades for which it is responsible is an extension of the Guaranteed Initial Delivery Date in accordance with this Section. Gas Transporter’s delay in installing any facilities necessary to reliably deliver gas to the Project in accordance with the schedule set forth in the gas interconnection agreement between Seller and the Gas Transporter. Seller acknowledges and agrees that nothing in this Agreement is intended to abrogate, amend or modify the terms of any gas interconnection agreement between it and the Gas Transporter. Except as may be set forth in such gas interconnection agreements, the Gas Transporter has not made and makes no, and Seller is not relying on any, representations or warranties of any kind or nature, express or implied, with respect to the gas interconnection, including, but not limited to, any representations or warranties concerning the costs, construction schedule, or permitting of, or any other matter related to, the gas interconnection for the Project. Seller’s sole and exclusive remedy against Buyer under this Agreement for any delay by the Gas Transporter in completing such gas interconnection facilities is an extension of the Guaranteed Initial Delivery Date in accordance with this Section. ][To be discussed with Bidder.] Buyer’s delay or other failure to perform any of its material obligations under this Agreement which are to be performed prior to the Initial Delivery Date in a manner that directly delays the Initial Delivery Date. EVENTS OF DEFAULT; REMEDIES; TERMINATION

Excused Delays. For all purposes under this Agreement, Landlord shall diligently proceed with the Guaranteed Initial Delivery Date will be extended on a day for day basis without imposition of any Daily Delay Damages to the extent that Seller is delayed in its critical path to achieving the Initial Delivery Date by the Guaranteed Initial Delivery Date due to any construction of the following events: Force Majeure, provided that all extensions of Landlord's Improvements and Substantially Complete the Guaranteed Initial Delivery Date for the Project due to Force Majeure shall not exceed 90 calendar days in the aggregate (“Maximum Force Majeure Delay”) [NOTE: for Projects with an Initial Delivery Date occurring same on or before August 1March 9, 20212001 (the "Target Date"); provided, however, if delay is caused or contributed to by any Tenant Delay or by Force Majeure (as defined in Section 21.2(l)), then the time of completion of said construction and the Target Date shall be extended for the additional time caused by such delay. Such delays are each hereinafter referred to as an "Excused Delay." If Landlord's Improvements are not Substantially Completed by the Target Date and if any delay in Substantial Completion of Landlord's Improvements is caused in whole or in part by any Tenant Delay (as defined below), the Maximum Force Majeure Delay will be thirty (30 days)] Commencement Date and any delay by Seller in excess of the Maximum Force Majeure Delay Rent Commencement Date shall be subject to Daily Delay Damages one day earlier for each day, or partial day, of delay in accordance with Section 2.10.1Substantial Completion of Landlord's Improvements caused by any Tenant Delay. Delay If Landlord's Improvements are not Substantially Completed by the Participating Transmission Owner or Target Date as such date is extended by Excused Delays (the CAISO in installing "Actual Target Date"), then the Interconnection Facilities for which it is responsible in accordance with Rent Commencement Date shall be extended by the schedule set forth in number of days as follows: (a) the electrical interconnection agreement among Seller, same number of days as there are between the CAISO, Actual Target Date and the Participating Transmission Owner. Seller acknowledges date on which Landlord's Improvements are Substantially Completed, up to and agrees that nothing in this Agreement is intended to abrogate, amend or modify including the terms 30th day following the Actual Target date; plus (b) twice number of any electrical interconnection agreement days as there are between it the 31st day following the Actual Target Date and the Participating Transmission Owner. Except date on which Landlord's Improvements are Substantially Completed, up to and including the 60th day following the Actual Target Date; plus (c) three times the number of days as may be set forth in such electrical interconnection agreements, there are between the Participating Transmission Owner has not made 61st day following the Actual Target Date and makes no, and Seller is not relying the date on any, representations or warranties of any kind or nature, express or implied, with respect to the electrical interconnection, including, but not limited to, any representations or warranties concerning the costs, construction schedule, or permitting of, or any other matter related to, the electrical interconnection for the Project. Seller’s sole and exclusive remedy under this Agreement for any delay by the Participating Transmission Owner or the CAISO in completing the Interconnection Facilities for which it is responsible is an extension of the Guaranteed Initial Delivery Date in accordance with this Section. Buyer’s delay or other failure to perform any of its material obligations under this Agreement which Landlord's Improvements are to be performed prior to the Initial Delivery Date in a manner that directly delays the Initial Delivery Date. EVENTS OF DEFAULT; REMEDIES; TERMINATIONSubstantially Completed.