Common use of EXTENSION OF TIME FOR BUILDING WORK Clause in Contracts

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving any country which is directly relevant to the building of the Ship; (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikes, lockouts and other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s control; (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s control; (vii) by the late delivery or non-delivery to the Builder of any Parts or the late performance or non-performance of the Builder’s subcontractors provided that the late delivery or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission or other default of the Builder or any of its subcontractors; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port due to extraordinary weather conditions not included in normal planning.

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving or terrorist attacks or riots or the imposition of embargoes where any country which is directly relevant to the building of the Shipforegoing involves any of the Builder’s subcontractors outside Germany who supply important parts (such as engines, major castings or major forgings); (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikes, lockouts and other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s control; (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s control; (vii) by the late delivery or non-delivery to the Builder of any Parts or the late performance or non-performance of the Builder’s subcontractors provided that the late delivery or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission or other default of the Builder or any of its subcontractors; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port open sea due to extraordinary weather conditions not included in normal planning.

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s 's contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving or terrorist attacks or riots or the imposition of embargoes where any country which is directly relevant to the building of the Shipforegoing involves any of the Builder's subcontractors outside Germany who supply important parts (such as engines, major castings or major forgings); (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikes, lockouts and other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s 's control; (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s 's control; (vii) by the late delivery or non-delivery to the Builder of any Parts or the late performance or non-performance of the Builder’s 's subcontractors provided that the late delivery or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s 's purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission or other default of the Builder or any of its subcontractors; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port open sea due to extraordinary weather conditions not included in normal planning.

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving or terrorist attacks or riots or the imposition of embargoes where any country which is directly relevant to the building of the Shipforegoing involves any of the Builder’s subcontractors outside Germany who supply important parts (such as engines, major castings or major forgings); (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikes, lockouts and other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s control; (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s control; (vii) by the late delivery or non-delivery to the Builder of any Parts or the late performance or non-performance of the Builder’s subcontractors provided that the late delivery or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission or other default of the Builder or any of its subcontractors; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port due to extraordinary weather conditions not included in normal planning.

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s 's contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving any country which is directly relevant to the building of the Ship; (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikesStrikes, lockouts and other Other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s 's control;; FIRST ORIGINAL (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s 's control; (vii) by the short, late delivery or non-delivery to the Builder of any Parts Parts, or the late performance or non-performance of the Builder’s 's subcontractors provided that the late, short or nondelivery or late delivery or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s 's purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission the negligence or other default of the Builder or any of its subcontractorsBuilder; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port due to extraordinary weather conditions not included in normal planning.

EXTENSION OF TIME FOR BUILDING WORK. 1.1 If the Builder gives notice as provided in Clauses clauses 2.1, 2.2 and 2.3 the Builder shall be entitled to an extension of the Delivery Date but only if: (i) there is a specific cause of delay which the Builder can prove will solely and directly delay delivery of the Ship beyond the Delivery Date and which cause is delaying or will delay building work which is in the critical path of delivery of the Ship for more than one working day; (ii) such cause of delay is one of the excusable causes set out in Clause clause 1.3; (iii) the Builder proves that it has used and is continuing to use all reasonable efforts to avoid, prevent, minimise and overcome the actual delay in delivery of the Ship including, without limitation, by the performance of other or additional building work provided that such other or additional building work does not jeopardise the Builder’s 's contracted obligations for the construction of other ships; and (iv) but for such cause of delay the Ship would have been delivered on time, provided that the length of any such extension shall be the number of days by which the Builder can prove that the Delivery Date for the Ship actually will be delayed solely and directly by each such cause of delay. 1.2 The Builder shall at all times have the burden of proving each of the matters required to be established by this Clause clause 1 and in the event that it is not possible for it to prove whether, or to what extent, any delay in delivery is directly and solely attributable to a cause which is excused by the provisions of this Clause clause 1, the Builder shall not be entitled to any extension of the Delivery Date. 1.3 The Builder shall be entitled to an extension of the Delivery Date, as provided in Clause clause 1.1, for any delay caused: (i) by the Buyer (other than such delays, if any, as are caused by the Buyer in the proper and timely exercise of any of its rights or obligations under this Contract); (ii) by legislation or other formal action by or on behalf of the German government (or any agency or other authority of such government) prohibiting or otherwise preventing the Builder from proceeding with the building work; (iii) by war or warlike events involving any country which is directly relevant to the building of the Ship; (iv) by extraordinary weather conditions not included in normal planning; (v) by such strikes, lockouts and other labour disturbances of the Builder or those of its subcontractors who supply important parts (such as engines, major castings or major forgings) as are beyond the Builder’s 's control;; FIRST ORIGINAL (vi) by such accidents, explosions, fires, disruptions of power supplies and other similar occurrences as are beyond the Builder’s 's control; (vii) by the short, late delivery or non-delivery to the Builder of any Parts Parts, or the late performance or non-performance of the Builder’s 's subcontractors provided that the late delivery late, short or non-delivery or the late performance or non-performance resulted from causes which would entitle the Builder to an extension of the Delivery Date under this Clause clause 1 and provided that the Builder proves that it has exercised due diligence (a) in contracting for such Parts and with such subcontractors, (b) in the performance of any acts required of it with respect to such Parts or subcontractors, (c) in monitoring the acts and circumstances of such subcontractors, and (d) in expediting deliveries or performance under the Builder’s 's purchase or subcontracts or procuring equivalent substitute performance in the event of the late delivery of such Parts or the under-performance in such purchase or subcontracts; or (viii) by unfavourable weather conditions if commencement of the sea trials tests is postponed or such tests are discontinued pursuant to Clause clause 1.4 in Article 6 by reason of such conditions and the number of days thereafter during which such tests cannot be undertaken exceed three (3) in total, then any further days during which the weather conditions remain unfavourable may be claimed (subject to the other provisions of this Clause clause 1) as a permissible delay. 1.4 Notwithstanding anything to the contrary in this Clause clause 1, the Builder shall not be entitled to any extension of the Delivery Date for: (i) any delay resulting from a cause of delay which has itself been caused or contributed to by any error, neglect, omission the negligence or other default of the Builder or any of its subcontractorsBuilder; (ii) any delay resulting from a cause of delay in existence as of the Effective Date; or (iii) any delay resulting from a cause of delay, which was or reasonably should have been foreseen or anticipated by the Builder by reason of facts which were, or after reasonable enquiry should have become, known to the Builder as of the Effective Date; or (iv) any delay resulting from a cause of delay which reasonably could have been avoided by the Builder; (v) any delay resulting from the late delivery or non-delivery or the late performance or non-performance or other default of a subcontractor, if such delay results from a cause of delay in effect published and announced as of the date of the award of the relevant purchase contract or subcontract; (vi) any delay resulting from any Dispute or legal proceeding under this Contract, provided that in the case of any building work under Dispute which would otherwise be commenced prior to the resolution thereof the Builder shall not be required to proceed therewith (and a corresponding extension of the Delivery Date shall be allowed) if, after written request by the Builder, the Buyer fails to confirm forthwith its willingness to pay the amount found due in respect of such work; or (vii) any delay in moving the Ship from the Shipyard to the Delivery Port due to extraordinary weather conditions not included in normal planning.