Common use of Interim Delay Clause in Contracts

Interim Delay. (a) Failure of the Vendor to complete the Work necessary to achieve each of the Project Milestones applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________]; provided that no such Interim Delay Penalty will be due if the delay is directly and expressly attributable solely to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (as set forth on Exhibit A1) will be [__________]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System.

Interim Delay. (a) Failure of the Vendor to complete the Work ------------- necessary to achieve each of the Project Milestones applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), ) on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________[ ]; provided that no such Interim Delay -------- ---- Penalty will be due if the delay is directly and expressly attributable solely to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (as set forth on Exhibit A1) will be [__________[ ]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System.

Interim Delay. (a) Failure Subject to the terms of this Contract, failure ------------- of the Vendor to complete the Work necessary to achieve each of the Project Milestones set forth in Exhibit A1 applicable to any PCS System and/or any PCS Sub-System, as the case may be (other than Milestone 3 (as set forth on Exhibit A1)), on or before the date applicable to such Milestone for such PCS System or PCS Sub-System, as the case may be, that is required to be achieved by the Vendor prior to the Guaranteed Substantial Completion Date for such PCS System or PCS Sub-System (each an "Interim Milestone") will result in the Vendor being liable to pay to the Owner an amount equal to [__________[ ]; provided that no such -------- ---- Interim Delay Penalty will be due if the delay is directly and expressly attributable solely primarily to (i) an event constituting a Force Majeure pursuant to the terms of this Contract or (ii) an act or omission of the Owner. Interim Delay Penalties accrued pursuant to this subsection 15.2(a) will be offset against the payment to be made by the Owner to the Vendor upon Substantial Completion of the PCS System or PCS Sub-System to which such interim delay relates. The Interim Delay Penalty applicable to Milestone 4 (each of Project Milestones M3 and M4 as set forth on Exhibit A1) A will be [__________[ ]. This subsection 15.2 will not be applicable to Milestone 3 (as set forth on Exhibit A1) for either the System or any PCS System or any PCS Sub-System.