NOTICE OF ACTUAL DELAY. If Owner gives written notice to any one of the Residents listed in paragraph 1 on or after Lease commencement date and if such notice states that occupancy has been delayed because of a prior Resident’s holding over and the Unit will be ready for occupancy on a specific date, Resident may terminate the Lease within 3 days after any one of such Residents receives such written notice, but not thereafter.
NOTICE OF ACTUAL DELAY. Subject to Program Manager’s compliance with the foregoing requirements of notice, Program Manager shall only be entitled to receive an equitable adjustment to the Program Master Schedule to allow such additional time as may be required as the result of a delay, including an Excusable Delay, to complete the affected Services if, as a condition precedent thereto, Program Manager has submitted to the Owner’s Project Manager within seven (7) days after Program Manager knew or, in the exercise of reasonable diligence, should have known of the delay, a detailed written notice of the circumstances of the delay together with supporting documentation thereof, the resultant cost and schedule impact thereof, and a description of any and all actions reasonably required of Owner to reasonably and appropriately mitigate the delay. If Program Manager submits all notices required hereunder in accordance with the foregoing provisions, the Owner, in its sole discretion, shall determine, whether the delay constitutes an Excusable Delay, and whether, as a result of any Excusable Delay, an extension of time should be granted to the Program Manager through equitable adjustment of the Program Master Schedule. The Program Manager’s entitlement to an equitable adjustment to the Program Master Schedule is absolutely conditioned upon Program Manager's timely submission of the written notices required herein. Subject to the foregoing, an equitable adjustment to the Program Master Schedule shall be the Program Manager’s sole remedy for Excusable Delays. Owner shall make no adjustment to the Program Master Schedule and Program Manager shall reimburse Owner for any additional costs incurred by Owner as a result of any delays deemed by Owner, in its sole discretion, to have been caused jointly or solely by the Program Manager.
