Common use of FAILURE TO MAKE ADEQUATE PROGRESS Clause in Contracts

FAILURE TO MAKE ADEQUATE PROGRESS. If, at any time prior to Delivery of a Contract Deliverable (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract Deliverable, including where such failure is due to the Contract Deliverable or any component thereof being damaged or destroyed where such damage or destruction does not constitute an Excusable Delay, such that Contractor, due to causes related to such Contract Deliverable, will not be able to Deliver the Contract Deliverable by the applicable Delivery Date (as such date may have been modified in accordance with this Agreement) for such Contract Deliverable, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the details of the failure. Within [**Redacted**] after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [**Redacted**] following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable affected thereby can be achieved within [**Redacted**] after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable affected thereby can be achieved within [**Redacted**] after the originally scheduled Delivery Date.

FAILURE TO MAKE ADEQUATE PROGRESS. IfNotwithstanding Sections 20 and 26, if, at any time prior to Delivery of a Contract Deliverable (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract Deliverable, including where such failure is due to the Contract Deliverable or any component thereof being damaged or destroyed where such damage or destruction does not constitute an Excusable Delay, such that Contractor, due to causes related to such Contract Deliverable, will not be able to Deliver the Contract Deliverable by the applicable Delivery Date (as such date may have been modified in accordance with this Agreement) for such Contract Deliverable, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the details of the failure. Within [**Redacted**] ten days after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [***Redacted***] following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable affected thereby can be achieved within [***Redacted***] after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable affected thereby can be achieved within [***Redacted***] after the originally scheduled Delivery Date.

FAILURE TO MAKE ADEQUATE PROGRESS. IfNotwithstanding Articles 20 and 26, if, at any time prior to Delivery of a Contract Deliverable (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract Deliverable, including where such failure is due to the Contract Deliverable or any component thereof being damaged or destroyed where such damage or destruction does not constitute an Excusable Delay, such that Contractor, due to causes related to such Contract Deliverable, will not be able to Deliver the Contract Deliverable by the applicable Delivery Date (as such date may have been modified in accordance with this Agreement) for such Contract Deliverable, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the details of the failure. Within [**Redacted**] after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [**Redacted**] following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable affected thereby can be achieved within [**Redacted**] after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable affected thereby can be achieved within [**Redacted**] after the originally scheduled Delivery Date.

FAILURE TO MAKE ADEQUATE PROGRESS. If, at any time prior to Delivery of a Contract Deliverable Item (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract DeliverableDeliverable Item, including where such failure is due to the Contract Deliverable Item or any component thereof being damaged or destroyed where such damage or destruction does not constitute an Excusable Delay, such that Contractor, due to causes related to such Contract DeliverableDeliverable Item, will not be able to Deliver the Contract Deliverable Item by the applicable Delivery Date (as such date may have been modified in accordance with this AgreementContract) for such Contract DeliverableDeliverable Item, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the full details of the failure. Within [**Redacted**] ten (10) Calendar Days after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [**Redacted**] one hundred fiftieth (150th) Calendar Day following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date.. Nothing herein shall be construed to release Contractor from its obligation to make Liquidated Damages payments as applicable in accordance with Article 10 (Liquidated Damages for Late Delivery). 109

FAILURE TO MAKE ADEQUATE PROGRESS. If, at any time prior to Delivery of a Contract Deliverable Item (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract DeliverableDeliverable Item, including where such failure is due to the Contract Deliverable Item or any component thereof being damaged or destroyed where such damage or destruction does not constitute constitut e an Excusable Delay, such that Contractor, due to causes related to such Contract DeliverableDeliverable Item, will not be able to Deliver the Contract Deliverable Item by the applicable Delivery Date (as such date may have been modified in accordance with this AgreementContract) for such Contract DeliverableDeliverable Item, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the full details of the failure. Within [**Redacted**] ten (10) Calendar Days after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [**Redacted**] one hundred fiftieth (150th) Calendar Day following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date.. Nothing herein shall be construed to release Contractor from its obligation to make Liquidated Damages payments as applicable in accordance with Article 10 (Liquidated Damages for Late Delivery). 109

FAILURE TO MAKE ADEQUATE PROGRESS. If, at any time prior to Delivery of a Contract Deliverable Item (but not thereafter), Contractor has failed to make adequate progress toward the completion of such Contract DeliverableDeliverable Item, including where such failure is due to the Contract Deliverable Item or any component thereof being damaged or destroyed where such damage or destruction does not constitute an Excusable Delay, such that Contractor, due to causes related to such Contract DeliverableDeliverable Item, will not be able to Deliver the Contract Deliverable Item by the applicable Delivery Date (as such date may have been modified in accordance with this AgreementContract) for such Contract DeliverableDeliverable Item, then Customer shall be entitled to deliver to Contractor a Demand for correction of the failure to make adequate progress. Such Demand shall state the full details of the failure. Within [**Redacted**] ten (10) Calendar Days after receipt of the Demand, or such longer time as the Parties may agree, Contractor shall submit to Customer a Correction Plan (in the level of detail feasible within that timeframe) for achieving Delivery not later than the [**Redacted**] one hundred fiftieth (150th) Calendar Day following the originally scheduled Delivery Date. If such Correction Plan does not reasonably correct or offset the effect of the failure so as to demonstrate that Delivery of the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date, Customer may reject the Correction Plan, and Contractor shall revise the Correction Plan so as to demonstrate that Delivery for the Contract Deliverable Item affected thereby can be achieved within [**Redacted**] one hundred fifty (150) Calendar Days after the originally scheduled Delivery Date.. Nothing herein shall be construed to release Contractor from its obligation to make Liquidated Damages payments as applicable in accordance with Article 10 (Liquidated Damages for Late Delivery). 107