Common use of Notice of Delay Clause in Contracts

Notice of Delay. (a) As soon as practically possible, but not later than ten (10) days after the commencement of any cause of delay, on account of which Builder claims that it is entitled under this Contract to a postponement of the Delivery Date, Builder shall (if practically possible) notify Buyer of the dates, the cause of delay which has occurred and its expected duration. (b) Within ten (10) days after the ending of such cause of delay the Builder shall notify Buyer in writing of the date such cause of delay ended. (c) Builder shall also notify Buyer of the period by which the Delivery Date is postponed by reason of such cause of delay with all reasonable despatch after it has been determined. Failure by Buyer to object to Builder’s claim for postponement of the Delivery Date within fourteen (14) days after receipt by Buyer of such notice of claim shall be deemed to be a waiver by Buyer of its right to object to such postponement of the Delivery Date. (d) Failure of the Builder to notify the Buyer of any causes of delay as specified in Article VIII.1 and any other causes of delays which, under the terms of this Contract, are to be considered as permissible delays, shall preclude the Builder from claiming Force Majeure for such event.

Appears in 5 contracts

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.), Shipbuilding Contract (Gener8 Maritime, Inc.)

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Notice of Delay. (a) As soon as practically possible, but not later than Within ten (10) days after the commencement of any cause of delay, delay on account of which Builder BUILDER claims that it is entitled under this Contract CONTRACT to a postponement of the Delivery DateDELIVERY DATE, Builder BUILDER shall (if practically possible) notify Buyer BUYER of the dates, the cause of delay which has occurred and its expected duration. (b) Within ten (10) days after the ending of such cause of delay the Builder delay, if practically possible, BUILDER shall notify Buyer BUYER in writing of the date such cause of delay ended. (c) Builder BUILDER shall also notify Buyer BUYER of the period by which the Delivery Date DELIVERY DATE is postponed by reason of such cause of delay with all reasonable despatch dispatch after it has been determined. Failure by Buyer BUYER to object to BuilderBUILDER’s claim for postponement of the Delivery Date DELIVERY DATE within fourteen ten (1410) days after receipt by Buyer BUYER of such notice of claim shall be deemed to be a waiver by Buyer BUYER of its right to object to such postponement of the Delivery DateDELIVERY DATE. (d) Failure of the Builder to notify the Buyer of any causes of delay as specified in Article VIII.1 and any other causes of delays which, under the terms of this Contract, are to be considered as permissible delays, shall preclude the Builder from claiming Force Majeure for such event.

Appears in 2 contracts

Samples: Construction Contract (Atwood Oceanics Inc), Construction Contract (Atwood Oceanics Inc)

Notice of Delay. (a) As soon as practically possible, but not later than ten (10) days after the commencement of any cause of delay, on account of which Builder claims that it is entitled under this Contract to a postponement of the Delivery Date, Builder shall (if practically possible) notify Buyer of the dates, the cause of delay which has occurred and its expected duration. (b) Within ten (10) days after the ending Builder becomes aware of such any cause of delay as aforesaid, on account of which the Builder will claim that it is entitled under the Contract to postpone the Delivery Date, the Builder shall notify the Buyer in writing or by e-mail, confirmed by registered mail, of the date such cause of delay endedcommenced. Likewise, within ten (I 0) days after the Builder becomes aware of any such cause of delay ending, the Builder shall notify the Buyer in writing or by e-mail, confirmed by registered mail, of the date when such cause of delay ended.+ Failure by the Builder to timely give such notices as aforesaid shall prevent the Builder from claiming Force Majeure Delay on account of such circumstances. (cb) The Builder shall also notify the Buyer of the period by which the Delivery Date is postponed of Permissible Delay arising by reason of such cause of delay Force Majeure Delay, with all reasonable despatch after it has been determined. Failure by the Buyer to object to the Builder’s claim for postponement of the Delivery Date Permissible Delay within fourteen ten (1410) days after receipt by the Buyer of such notice of claim shall be deemed to be a waiver by the Buyer of its right to object to such postponement the determination of the Delivery Dateactual time lost by delay caused by the responsible event of Force Majeure. (d) Failure of the Builder to notify the Buyer of any causes of delay as specified in Article VIII.1 and any other causes of delays which, under the terms of this Contract, are to be considered as permissible delays, shall preclude the Builder from claiming Force Majeure for such event.

Appears in 1 contract

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

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Notice of Delay. (a) As soon as practically possible, but not later than ten (10) days after the commencement of any cause of delay, on account of which Builder claims that it is entitled under this Contract to a postponement of the Delivery Date, Builder shall (if practically possible) notify Buyer of the dates, the cause of delay which has occurred and its expected duration. (b) Within ten (10) days after the ending of such cause of delay the Builder shall notify Buyer in writing of the date such cause of delay ended. (c) Builder shall also notify Buyer of the period by which the Delivery Date is postponed by reason of such cause of delay with all reasonable despatch after it has been determined. Failure by Buyer to object to Builder’s claim for postponement of the Delivery Date within fourteen (14) days after receipt by Buyer of such notice of claim shall be deemed to be a waiver by Buyer of its right to object to such postponement of the Delivery Date. (d) Failure of the Builder to notify the Buyer of any causes of delay as specified in Article VIII.1 VIII. 1 and any other causes of delays which, under the terms of this Contract, are to be considered as permissible delays, shall preclude the Builder from claiming Force Majeure for such event.

Appears in 1 contract

Samples: Shipbuilding Contract (Gener8 Maritime, Inc.)

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