Common use of Extension of Times of Performance Clause in Contracts

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; civil disturbances; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure or delays in securing necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; delays due to the existence or remediation of Hazardous Materials (other than as provided in this Agreement); acts or omissions of the other Party; acts or failures to act of the City, acting in its governmental capacity, or any other public or governmental Buyer or entity (other than the acts or failures to act of Buyer hereunder which shall not excuse performance by Xxxxx); or any other inability or cause beyond the control or without the fault of the Party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. If such Notice is delivered after such thirty (30) day period, the extension period shall commence to run from the date of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Buyer and City. The Parties agree to consider requests for such extensions in good faith and with an intent to cooperate toward the implementation of the activities contemplated by this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; civil disturbances; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure or delays in securing necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; delays due to the existence or remediation of Hazardous Materials (other than as provided in this Agreement); acts or omissions of the other Party; acts or failures to act of the City, acting in its governmental capacity, City or any other public or governmental Buyer agency or entity (other than the acts or failures to act of Buyer hereunder Agency which shall not excuse performance by XxxxxAgency); or any other inability or cause causes beyond the control or without the fault of the Party party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice notice by the Party claiming such extension is sent to the other Party party within thirty (30) days of the commencement of the cause. If such Notice is delivered after such thirty (30) day period, the extension period shall commence to run from the date of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Buyer Agency and City. The Parties agree to consider requests for such extensions in good faith and with an intent to cooperate toward the implementation of the activities contemplated by this AgreementDeveloper.

Appears in 1 contract

Samples: Disposition and Development Agreement

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; civil disturbances; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure or delays in securing necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; delays due to the existence or remediation of Hazardous Materials (other than as provided in this Agreement); acts or omissions of the other Party; acts or failures to act of the City, acting in its governmental capacity, City or any other public or governmental Buyer agency or entity (other than the acts or failures to act of Buyer hereunder Authority which shall not excuse performance by XxxxxAuthority); or any other inability or cause causes beyond the control or without the fault of the Party party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice notice by the Party claiming such extension is sent to the other Party party within thirty (30) days of the commencement of the cause. If such Notice is delivered after such thirty (30) day period, the extension period shall commence to run from the date of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Buyer Authority and CityDeveloper. The Parties agree to consider requests for such extensions in good faith and with an intent to cooperate toward the implementation Notwithstanding any provision of the activities contemplated by this Agreement.this

Appears in 1 contract

Samples: Disposition and Development Agreement

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Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; acts of terrorism; strikes; lockouts; riots; civil disturbances; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weatheradverse weather conditions; inability to secure or delays in securing necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; delays due to the existence or remediation of Hazardous Materials (other than as provided in this Agreement); acts or omissions of the other Partyparty; or acts or failures to act of the City, acting in its governmental capacity, Responsible Agency or any other public or governmental Buyer agency or entity (other than except that the acts or failures to act or delay of Buyer hereunder which the Successor Agency or City shall not excuse performance by Xxxxxthe City); or any other inability or cause beyond the control or without the fault of the Party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice notice by the Party party claiming such extension is sent to the other Party party within thirty (30) days of the commencement of the cause. If such Notice is delivered after such thirty (30) day period, the extension period shall commence to run from the date of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Buyer the Director and CityDeveloper. The Parties agree Notwithstanding any provision of this Agreement to consider requests for such extensions the contrary, the lack of funding to complete the Required Improvements shall not constitute grounds of enforced delay pursuant to this Section 602. Transfers of Interest in good faith and with an intent to cooperate toward the implementation of the activities contemplated by this Site or Agreement.

Appears in 1 contract

Samples: Disposition and Development Agreement

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