PERFORMANCE NOT EXCUSED Clause Samples
The "Performance Not Excused" clause establishes that a party's obligations under the contract remain in effect despite certain events or circumstances. In practice, this means that even if unforeseen difficulties arise—such as supply chain disruptions or increased costs—the obligated party must still fulfill their contractual duties unless a specific exception is stated elsewhere in the agreement. This clause serves to allocate risk by making clear that performance is mandatory and cannot be avoided due to typical business challenges, thereby ensuring reliability and predictability in contractual relationships.
PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions Willful Misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or Owner Caused Delay. Notwithstanding anything to the contrary contained herein, Contractor shall not be entitled to any adjustment to the Target Price in respect of demobilization and/or remobilization required as a result of any Force Majeure Event.
PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions Willful Misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or Owner Caused Delay.
PERFORMANCE NOT EXCUSED. 66 ARTICLE XV.
PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or FPL Caused Delay. In addition, a Party shall not be excused under this Article from timely performance of its obligations hereunder to the extent that the claimed Force Majeure Event or FPL Caused Delay was caused by any negligent or intentional acts, errors, or omissions, or for any breach or default of the Contract Documents by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or FPL Caused Delay. Notwithstanding anything contained herein to the contrary, Contractor shall not withdraw Contractor’s Equipment and personnel from the Job Site or otherwise demobilize without the prior authorization of FPL. Contractor shall not be entitled to receive reimbursement for its costs of demobilization and/or remobilization as a result of any Force Majeure Event.
PERFORMANCE NOT EXCUSED. 66 ARTICLE XV. TERMINATION ..................................................................................................66 15.1
PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions, willful misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the