Common use of Force Majeure and Notice of Delay from Force Majeure Clause in Contracts

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor the Grantee believes is excusable under this paragraph, Contractor Grantee shall notify DEO the Commission’s Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from ContractorGrantee, provided that Contractor Grantee grants preferential treatment to DEO the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract Agreement quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraph, Contractor Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from ContractorGrantee, provided that Contractor Grantee grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.;

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraph, Contractor Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORXXXXXXX’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from ContractorGrantee, provided that Contractor Grantee grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.;

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO the Commission’s Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of if a delay results from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Section, the delay will not result in any additional charge or cost under the Contract this Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Section, Contractor Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) 10 calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Section is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Section and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor Grantee shall not be entitled to an increase in the Contract this Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE Section, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract this Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from ContractorGrantee; provided, provided that Contractor Grantee grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract this Agreement quantity; or (3) terminate the Contract this Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party party shall be liable to the other for any delay or failure to perform under this Contract the contract if such delay or failure is neither the fault nor the negligence of the Party part or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Partyparty’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Partyparty’s performance obligation under this Contractcontract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Partyparty. In the case of any delay Contractor the Sub-recipient believes is excusable under this paragraph, Contractor the Sub-recipient shall notify DEO the Coalition in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; delay. The foregoing shall constitute the Sub-recipients sole remedy or (2) within five (5) calendar days after the date Contractor first had reason excuse with respect to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAYdelay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Coalition, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor the Sub- recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Coalition. Contractor The Sub-recipient shall not be entitled to an increase in the Contract price or payment of any kind from DEO the Coalition for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor the Sub-recipient shall perform at no increased cost, unless DEO the Coalition determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO the Coalition or the State, in which case, DEO the Coalition may do any or all of the following: (1) accept allocated performance or deliveries from Contractorthe Sub-recipient, provided that Contractor the Sub-recipient grants preferential treatment to DEO the Coalition with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor the Sub-recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantityContract; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay damages, costs, delays, or disruption disruptions to the project in accordance with the Party’s performance obligation requirements under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either PartyAgreement. In the case of any delay Contractor the Grantee believes is excusable under this paragraphsection, Contractor the Grantee shall notify DEO in writing of provide written notice to the Department describing the delay or potential delay and describe the cause of the delay eitherwithin: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, arose (if Contractor the Grantee could reasonably foresee that a delay could occur as a result); or (2) within five (5) calendar days after the date Contractor the Grantee first had reason to believe that a delay could result, result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph section is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph section and will notify Contractor the Grantee of its decision in writing. No The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Department. Contractor shall The Grantee will not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphsection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under this Agreement, in which case, DEO the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay damages, costs, delays, or disruption disruptions to the project in accordance with the Party’s performance obligation requirements under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either PartyAgreement. In the case of any delay Contractor the Grantee believes is excusable under this paragraphsection, Contractor the Grantee shall notify DEO in writing of provide written notice to the Department describing the delay or potential delay and describe the cause of the delay eitherwithin: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, arose (if Contractor the Grantee could reasonably foresee that a delay could occur as a result); or (2) within five (5) calendar days after the date Contractor the Grantee first had reason to believe that a delay could result, result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE XXXXXXX’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph section is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph section and will notify Contractor the Grantee of its decision in writing. No The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Department. Contractor shall The Grantee will not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphsection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under this Agreement, in which case, DEO the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract this Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party the Coalition nor the Sub-recipient shall be liable to the other for any delay or failure to perform under this Contract the agreement if such delay or failure is neither the fault nor the negligence of the Party Coalition or its Sub-recipient or their employees or agents and agents. This holds true if the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, floods or other similar cause wholly beyond the Party’s party's control, or for any of the foregoing that affects subcontractors or suppliers if there is no available alternate source of supply is availablesource. However, in the event of delay from the foregoing causes, the Party Coalition or Sub-recipient shall take all reasonable measures to mitigate any and all resulting delay delays or disruption disruptions in the Party’s Coalition or Sub-recipient performance obligation under this Contractthe agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost to either Coalition or Sub-recipient under the Contract to either Partyagreement. In the case of any delay Contractor the Sub-recipient believes is excusable under this paragraph, Contractor the Sub-recipient shall notify DEO in writing of the delay or potential delay Coalition and describe the cause of the delay either: (1) or potential delay in writing within ten (10) 10 calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; delay. The foregoing shall be the Sub-recipient's sole remedy or (2) within five (5) calendar days after excuse regarding the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeabledelay. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing The Sub- recipient must provide notice in strict accordance compliance with this paragraph is a condition precedent to such receive the remedy. DEOThe Coalition, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor the Sub-recipient of its the Coalition’s decision in writing. No The Sub-recipient shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Coalition. Contractor shall The Sub-recipient is not be entitled to an increase in the Contract agreement price or payment of any kind from DEO the Coalition for direct, indirect, consequential, impact, impact or other costs, expenses or damages. These include, including but are not limited to to, costs of acceleration or inefficiency arising because of due to delay, disruption, interference, interference or hindrance from any cause whatsoever. If performance is any of the causes this paragraph describes suspended or delayeddelayed performance, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor the Sub-recipient shall perform at no increased cost, unless DEO the Coalition determines, in its sole discretion, that the delay will significantly impair the agreement's value of the Contract to DEO Coalition or the State, in state. In which case, DEO Coalition may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.following actions:

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay or failure to perform from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay or failure to perform is excusable under this paragraph, the delay or failure to perform will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor or failure to perform the City believes is excusable under this paragraph, Contractor the City shall notify DEO in writing of the delay delay, potential delay, potential inability to perform, or potential delay failure to perform and describe the cause of the delay such either: (1) within ten (10) calendar days after the cause that creates or will create the delay or nonperformance first arose, if Contractor the City could reasonably foresee that a delay or nonperformance could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay or nonperformance could result, if the delay or nonperformance is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE CITY’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. ADDITONALLY, THE FORGOIING SHALL CONSTITUTE THE CITY’S SOLE REMEDY OR EXCUSE WITH RESPECT TO NONPERFORMANCE BASED ON AN EVENT OF FORCE MAJEURE. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay or nonperformance is excusable under this paragraph and will notify Contractor the City of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor The City shall not be entitled to an increase in the Contract price or payment Agreement distribution amount of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If the City’s performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor the City shall perform at no increased costper the terms of this Agreement, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractorthe City, provided that Contractor the City grants preferential treatment to DEO with respect to products or services subjected to any such allocation; (2) purchase from other sources (without recourse to and by Contractor for terminate the related costs and expenses) to replace all Agreement in whole or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantityin part; or (3) terminate pursue any other rights or remedies provided by law or under the Contract in whole or in partAgreement.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will shall not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will shall create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will shall determine if the delay is excusable under this paragraph and will shall notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will shall significantly impair the value of the Contract to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.:

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraph, Contractor Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORXXXXXXX’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes DocuSign Envelope ID: B88FF740-E824-4444-B1E4-E6B14AA0C485 described in this paragraph, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from ContractorGrantee, provided that Contractor Grantee grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.;

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay damages, costs, delays, or disruption disruptions to the project in accordance with the Party’s performance obligation requirements under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either PartyAgreement. In the case of any delay Contractor the Grantee believes is excusable under this paragraphSection, Contractor the Grantee shall notify DEO in writing of provide written notice to the Department describing the delay or potential delay and describe the cause of the delay eitherwithin: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, arose (if Contractor the Grantee could reasonably foresee that a delay could occur as a result); or (2) within five (5) calendar days after the date Contractor the Grantee first had reason to believe that a delay could result, result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph Section is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph Section and will notify Contractor the Grantee of its decision in writing. No The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Department. Contractor shall The Grantee will not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphSection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under this Agreement, in which case, DEO the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Recipient believes is excusable under this paragraph, Contractor Recipient shall notify DEO the Commission’s Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE RECIPIENT’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor Recipient shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Recipient shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from ContractorRecipient, provided that Contractor Recipient grants preferential treatment to DEO the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract Agreement quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents DocuSign Envelope ID: 5B347EDE-11C9-4678-B51E-6137BF2B8951 and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Recipient believes is excusable under this paragraph, Contractor Recipient shall notify DEO the Commission’s Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE RECIPIENT’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor Recipient shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Recipient shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from ContractorRecipient, provided that Contractor Recipient grants preferential treatment to DEO the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract Agreement quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Contractor Grantee shall notify DEO Commerce in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict Agreement #P0496 accordance with this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a condition precedent to such remedy. DEOCommerce, in its sole discretion, will determine if the delay is excusable under this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOCommerce. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO Commerce for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO Commerce determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO Commerce or the State, in which case, DEO Commerce may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party party shall be liable to the other for any delay or failure to perform under this Contract the contract if such delay or failure is neither the fault nor the negligence of the Party part or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Partyparty’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Partyparty’s performance obligation under this Contractcontract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Partyparty. In the case of any delay Contractor the Sub- recipient believes is excusable under this paragraph, Contractor the Sub-recipient shall notify DEO the Coalition in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; delay. The foregoing shall constitute the Sub-recipients sole remedy or (2) within five (5) calendar days after the date Contractor first had reason excuse with respect to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAYdelay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Coalition, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor the Sub-recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Coalition. Contractor The Sub-recipient shall not be entitled to an increase in the Contract price or payment of any kind from DEO the Coalition for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor the Sub-recipient shall perform at no increased cost, unless DEO the Coalition determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO the Coalition or the State, in which case, DEO the Coalition may do any or all of the following: (1) accept allocated performance or deliveries from Contractorthe Sub-recipient, provided that Contractor the Sub-recipient grants preferential treatment to DEO the Coalition with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor the Sub-recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantityContract; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party the Coalition nor the Sub-recipient shall be liable to the other for any delay or failure to perform under this Contract the agreement if such delay or failure is neither the fault nor the negligence of the Party Coalition or its Sub-recipient or their employees or agents and agents. This holds true if the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, floods or other similar cause wholly beyond the Party’s party's control, or for any of the foregoing that affects subcontractors or suppliers if there is no available alternate source of supply is availablesource. However, in the event of delay from the foregoing causes, the Party Coalition or Sub-recipient shall take all reasonable measures to mitigate any and all resulting delay delays or disruption disruptions in the Party’s Coalition or Sub-recipient performance obligation under this Contractthe agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost to either Coalition or Sub-recipient under the Contract to either Partyagreement. In the case of any delay Contractor the Sub- recipient believes is excusable under this paragraph, Contractor the Sub-recipient shall notify DEO in writing of the delay or potential delay Coalition and describe the cause of the delay either: (1) or potential delay in writing within ten (10) 10 calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; delay. The foregoing shall be the Sub-recipient's sole remedy or (2) within five (5) calendar days after excuse regarding the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeabledelay. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing The Sub- recipient must provide notice in strict accordance compliance with this paragraph is a condition precedent to such receive the remedy. DEOThe Coalition, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor the Sub-recipient of its the Coalition’s decision in writing. No The Sub-recipient shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Coalition. Contractor shall The Sub- recipient is not be entitled to an increase in the Contract agreement price or payment of any kind from DEO the Coalition for direct, indirect, consequential, impact, impact or other costs, expenses or damages. These include, including but are not limited to to, costs of acceleration or inefficiency arising because of due to delay, disruption, interference, interference or hindrance from any cause whatsoever. If performance is any of the causes this paragraph describes suspended or delayeddelayed performance, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor the Sub-recipient shall perform at no increased cost, unless DEO the Coalition determines, in its sole discretion, that the delay will significantly impair the agreement's value of the Contract to DEO Coalition or the State, in state. In which case, DEO Coalition may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.following actions:

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Recipient believes is excusable under this paragraph, Contractor Recipient shall notify DEO the Commission’s Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE RECIPIENT’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor Recipient shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Recipient shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.:

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Contractor Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) 10 calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of if a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in accordance with the Party’s performance obligation requirements under this ContractAgreement. If the Grantee believes any delay is excusable under this paragraphSection, the delay will not result in any additional charge or cost under Grantee shall provide written notice to the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO in writing of Department describing the delay or potential delay and describe the cause of the delay either: within five (15) calendar days after the Grantee first had reason to believe that a delay could result if the Grantee could reasonably foresee that a delay could result or within ten (10) calendar days after the cause that creates or will create Grantee first learned of the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph Section and will notify Contractor the Grantee of its decision in writing. No If an extension is legally permissible, and if one will be granted, the Department’s notice will state the extension period. THE FOREGOING CONSTITUTES THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted damages against DEO. Contractor the Department and shall not be entitled to an increase in the Contract this Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphSection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under this Agreement, in which case, DEO case the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO Commerce in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOCommerce, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOCommerce. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO Commerce for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO Commerce determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO Commerce or the State, in which case, DEO Commerce may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO Commerce with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Recipient believes is excusable under this paragraph, Contractor Recipient shall notify DEO the Commission’s Contract Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE RECIPIENT’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOThe Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOthe Commission. Contractor Recipient shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor Recipient shall perform at no increased cost, unless DEO the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO the Commission or the State, in which case, DEO the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.:

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents agents, and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses expenses, or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay damages, costs, delays, or disruption disruptions to the project in accordance with the Party’s performance obligation requirements under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either PartyAgreement. In the case of any delay Contractor the Grantee believes is excusable under this paragraphsection, Contractor the Grantee shall notify DEO in writing of provide written notice to the Department describing the delay or potential delay and describe the cause of the delay eitherwithin: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, arose (if Contractor the Grantee could reasonably foresee that a delay could occur as a result); or (2) within five (5) calendar days after the date Contractor the Grantee first had reason to believe that a delay could result, result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph section is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph section and will notify Contractor the Grantee of its decision in writing. No The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Department. Contractor shall The Grantee will not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphsection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under thethis Agreement, in which case, DEO the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract this Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor caused by the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors subrecipients, contractors, or suppliers if no alternate source of supply is available. However, in the event of a delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay damages, costs, delays, or disruption disruptions to the project in accordance with the Party’s performance obligation requirements under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either PartyAgreement. In the case of any delay Contractor the Grantee believes is excusable under this paragraphsection, Contractor the Grantee shall notify DEO in writing of provide written notice to the Department describing the delay or potential delay and describe the cause of the delay eitherwithin: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, arose (if Contractor the Grantee could reasonably foresee that a delay could occur as a result); or (2) within five (5) calendar days after the date Contractor the Grantee first had reason to believe that a delay could result, result (if the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE CONTRACTORTHE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph section is a condition precedent to such remedy. DEOThe Department, in its sole discretion, will determine if the delay is excusable under this paragraph section and will notify Contractor the Grantee of its decision in writing. No The Grantee shall not assert a claim for damages, other than for an extension of time, shall be asserted against DEOthe Department. Contractor shall The Grantee will not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO the Department for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoeverreason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphsection, after the causes have ceased to exist, Contractor the Grantee shall perform at no increased costresume performance, unless DEO the Department determines, in its sole discretion, that the delay will significantly impair the value ability of the Contract Grantee to DEO or the Statetimely complete its obligations under this Agreement, in which case, DEO the Department may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract this Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this ContractAgreement. If the delay is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under the Contract Agreement to either Party. In the case of any delay Contractor Grantee believes is excusable under this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Contractor Grantee shall notify DEO Commerce in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor Grantee first had reason to believe that a delay Agreement #P0501 could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTORGRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a condition precedent to such remedy. DEOCommerce, in its sole discretion, will determine if the delay is excusable under this paragraph FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section and will notify Contractor Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOCommerce. Contractor Grantee shall not be entitled to an increase in the Contract Agreement price or payment of any kind from DEO Commerce for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraphFORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, after the causes have ceased to exist, Contractor Grantee shall perform at no increased cost, unless DEO Commerce determines, in its sole discretion, that the delay will significantly impair the value of the Contract Agreement to DEO Commerce or the State, in which case, DEO Commerce may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract Agreement in whole or in part.

Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the other for any delay or failure to perform under this Contract if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Contract. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Contract to either Party. In the case of any delay Contractor believes is excusable under this paragraph, Contractor shall notify DEO Commerce in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Contractor first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEOCommerce, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Contractor of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEOCommerce. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from DEO Commerce for direct, indirect, consequential, impact, or other costs, expenses expenses, or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Contractor shall perform at no increased cost, unless DEO Commerce determines, in its sole discretion, that the delay will significantly impair the value of the Contract to DEO Commerce or the State, in which case, DEO Commerce may do any or all of the following: (1) accept allocated performance or deliveries from Contractor, provided that Contractor grants preferential treatment to DEO Commerce with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Contractor for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Contract quantity; or (3) terminate the Contract in whole or in part.