Common use of FORCE MAJEURE AND PERMISSIBLE DELAYS Clause in Contracts

FORCE MAJEURE AND PERMISSIBLE DELAYS. 7.1 If, at any time before the delivery and acceptance of the Rig, either the construction of the Rig or any performance required under the provisions of this Contract and the Specifications as a prerequisite of delivery of the Rig is delayed due to war, blockade, revolution, insurrections, civil commotions, riots, strikes, sabotage, terrorism, lockouts, plague or other epidemics, quarantines, prolonged failure, shortage or restriction of electric current, or import/export embargoes, fires, accidents or stop work orders imposed by any government; or due to acts of God including, but not limited to, earthquakes, tidal waves, or typhoons (except in the case of each of the foregoing if they are weather conditions which are normal occurrences for the time of year and can reasonably be expected); or by damage or destruction of the shipyard or Works of Builder or its Subcontractors or of the Rig, or any part thereof, by fire, flood, or other causes beyond the control of Builder or its Subcontractors; or by delay in the delivery of machinery, equipment or materials provided they shall have been ordered in time by Builder, or any and all occurrences and/or causes not within the control of Builder or its Subcontractors that delay or hinder the performance of Builder and which Builder, by the exercise of due diligence would not have been able to avoid or overcome, each of such contingencies shall be considered an event of Force Majeure as used in this Contract, and in the event of delays due to the happening of any of the aforementioned contingencies, the Delivery Date shall be extended by the number of days corresponding to the net delay In delivery caused thereby. It is agreed, however, that Builder shall make all reasonable efforts to minimize the delays caused by Force Majeure.

Appears in 3 contracts

Samples: Master Agreement (Borr Drilling LTD), Master Agreement (Borr Drilling LTD), Master Agreement (Borr Drilling LTD)

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FORCE MAJEURE AND PERMISSIBLE DELAYS. 7.1 10.1 If, at any time before the delivery and acceptance of the Rig, either the construction of the Rig or any performance required under the provisions of this Contract and the Specifications as a prerequisite of delivery of the Rig is delayed due to war, blockade, revolution, insurrections, civil commotions, riots, strikesstrikes (other than strikes affecting only Builder’s shipyard in Singapore), sabotage, terrorism, lockouts, plague or other epidemics, quarantines, prolonged failure, shortage or restriction of electric current, or import/export embargoes, fires, accidents embargoes or stop work orders imposed by any government; or due to acts of God including, but not limited to, earthquakes, tidal waves, or typhoons (except in the case of each of the foregoing if they are weather conditions which are normal occurrences for the time of year and can reasonably be expected)typhoons; or by damage or destruction of the shipyard or Works of Builder or its Subcontractors subcontractors or of the Rig, or any part thereof, by fire, flood, flood or other causes beyond the control of Builder or its SubcontractorsBuilder; or by delay in the delivery deliveries of machinery, equipment or materials supplied by ****** or ****** provided they that such machinery, equipment or materials shall have been ordered in due time (based on Builder’s procurement status) by Builder, or any and all occurrences and/or causes not within the control of Builder or its Subcontractors that delay or hinder the performance of Builder and which Builder, by the exercise of due diligence would not have been able to avoid or overcome, each of such contingencies shall be considered an event deemed to be included in the definition of Force Majeure as used in this Contract, and in the event of delays due to the happening of any of the aforementioned contingencies, the Delivery Date shall be extended by the number for a period of days corresponding time sufficient to the net delay In delivery caused therebycover such delay. It is agreed, however, that Builder shall make all reasonable efforts to eliminate, resolve or otherwise minimize the delays caused by effects of Force Majeure. The Delivery Date may also be extended if the construction of the Rig or any performance required under the provisions of this Contract and Specifications as a prerequisite of delivery of the Rig is delayed by reason of default in performance of this Contract by Buyer or by reason of any act of prevention or breach of this Contract by Buyer.

Appears in 1 contract

Samples: Rig Construction Contract (Atwood Oceanics Inc)

FORCE MAJEURE AND PERMISSIBLE DELAYS. 7.1 10.1 If, at any time before the delivery and acceptance of the Rig, either the construction of the Rig or any performance required under the provisions of this Contract and the Specifications as a prerequisite of delivery of the Rig is delayed due to war, blockade, revolution, insurrections, civil commotions, riots, strikesstrikes (other than strikes affecting only Builder’s shipyard in Singapore), sabotage, terrorism, lockouts, plague or other epidemics, quarantines, prolonged failure, shortage or restriction of electric current, or import/export embargoes, fires, accidents embargoes or stop work orders imposed by any government; or due to acts of God including, but not limited to, earthquakes, tidal waves, or typhoons (except in the case of each of the foregoing if they are weather conditions which are normal occurrences for the time of year and can reasonably be expected)typhoons; or by damage or destruction of the shipyard or Works of Builder or its Subcontractors subcontractors or of the Rig, or any part thereof, by fire, flood, flood or other causes beyond the control of Builder or its SubcontractorsBuilder; or by delay in the delivery deliveries of machinery, equipment or materials supplied by ***** or ***** provided they that such machinery, equipment or materials shall have been ordered in due time (based on Builder’s procurement status) by Builder, or any and all occurrences and/or causes not within the control of Builder or its Subcontractors that delay or hinder the performance of Builder and which Builder, by the exercise of due diligence would not have been able to avoid or overcome, each of such contingencies shall be considered an event deemed to be included in the definition of Force Majeure as used in this Contract, and in the event of delays due to the happening of any of the aforementioned contingencies, the Delivery Date shall be extended by the number for a period of days corresponding time sufficient to the net delay In delivery caused therebycover such delay. It is agreed, however, that Builder shall make all reasonable efforts to eliminate, resolve or otherwise minimize the delays caused by effects of Force Majeure.. The Delivery Date may also be extended if the construction of the Rig or any performance required under the provisions of this Contract and Specifications as a prerequisite of delivery of the Rig is delayed by reason of default in performance of this Contract by Buyer or by reason of any act of prevention or breach of this Contract by Buyer. Rig Construction Contract for 1st Rig P2031 – 01 October 2010

Appears in 1 contract

Samples: Rig Construction Contract (Atwood Oceanics Inc)

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FORCE MAJEURE AND PERMISSIBLE DELAYS. 7.1 10.1 If, at any time before the delivery and acceptance of the Rig, either the construction of the Rig or any performance required under the provisions of this Contract and the Specifications as a prerequisite of delivery of the Rig is delayed due to war, blockade, revolution, insurrections, civil commotions, riots, strikesstrikes (other than strikes affecting only Builder’s shipyard in Singapore), sabotage, terrorism, lockouts, plague or other epidemics, quarantines, prolonged failure, shortage or restriction of electric current, or import/export embargoes, fires, accidents embargoes or stop work orders imposed by any government; or due to acts of God including, but not limited to, earthquakes, tidal waves, or typhoons (except in the case of each of the foregoing if they are weather conditions which are normal occurrences for the time of year and can reasonably be expected)typhoons; or by damage or destruction of the shipyard or Works of Builder or its Subcontractors subcontractors or of the Rig, or any part thereof, by fire, flood, flood or other causes beyond the control of Builder or its SubcontractorsBuilder; or by delay in the delivery deliveries of machinery, equipment or materials supplied by ***** or ***** provided they that such machinery, equipment or materials shall have been ordered in due time (based on Builder’s procurement status) by Builder, or any and all occurrences and/or causes not within the control of Builder or its Subcontractors that delay or hinder the performance of Builder and which Builder, by the exercise of due diligence would not have been able to avoid or overcome, each of such contingencies shall be considered an event deemed to be included in the definition of Force Majeure as used in this Contract, and in the event of delays due to the happening of any of the aforementioned contingencies, the Delivery Date shall be extended by the number for a period of days corresponding time sufficient to the net delay In delivery caused therebycover such delay. It is agreed, however, that Builder shall make all reasonable efforts to eliminate, resolve or otherwise minimize the delays caused by effects of Force Majeure.. The Delivery Date may also be extended if the construction of the Rig or any performance required under the provisions of this Contract and Specifications as a prerequisite of delivery of the Rig is delayed by reason of default in performance of this Contract by Buyer or by reason of any act of prevention or breach of this Contract by Buyer. Rig Construction Contract for 2nd Rig P2032 – 01 October 2010

Appears in 1 contract

Samples: Rig Construction Contract (Atwood Oceanics Inc)

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