Common use of Permitted Delays Clause in Contracts

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer or the RDC is entitled to delay its performance under this Agreement and (ii) Developer or RDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer or RDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 4 contracts

Samples: Economic Development Agreement, Economic Development Agreement, Economic Development Agreement

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Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer or the RDC a party is entitled to delay its performance under this Agreement and (ii) Developer or RDC such party anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer or RDC, as the case may be, such party agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay. An extension of time for a permitted delay will not be unreasonably contested, denied, or withheld by either party.

Appears in 3 contracts

Samples: Economic Development Agreement, Economic Development Agreement, Economic Development Agreement

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer FCSC or the RDC is entitled to delay its performance under this Agreement and (ii) Developer FCSC or RDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer FCSC or RDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 2 contracts

Samples: Economic Development Agreement, Economic Development Agreement

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer Company or the RDC FDC is entitled to delay its performance under this Agreement and (ii) Developer Company or RDC FDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer Company or RDCFDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 2 contracts

Samples: Economic Development Agreement, Economic Development Agreement

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer Old Post Brewhouse, LLC or the RDC is entitled to delay its performance under this Agreement and (ii) Developer Old Post Brewhouse, LLC or RDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer Old Post Brewhouse, LLC or RDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 1 contract

Samples: Economic Development Agreement

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Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer or the RDC FDC is entitled to delay its performance under this Agreement and (ii) Developer or RDC FDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer or RDCFDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 1 contract

Samples: Economic Development Agreement

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer Urban Air or the RDC FDC is entitled to delay its performance under this Agreement and (ii) Developer Urban Air or RDC FDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer Urban Air or RDCFDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 1 contract

Samples: Economic Development Agreement

Permitted Delays. Whenever performance is required of any party hereunder, such party shall use all due diligence and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God (such as weather), war, civil commotion, riots, strikes, picketing, or other labor disputes, unavailability of labor or materials, or damage to work in progress by reason of fire or other casualty or similar causes beyond the reasonable control of a party (such as unforeseen delays in obtaining licensing or permits, but other than financial reasons), then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused by such circumstances. If (i) there should arise any permitted delay for which Developer City or the RDC is entitled to delay its performance under this Agreement and (ii) Developer City or RDC anticipates that such permitted delay will cause a delay in its performance under this Agreement, then Developer City or RDC, as the case may be, agrees to provide written notice to the other parties of this Agreement of the nature and the anticipated length of such delay.

Appears in 1 contract

Samples: Economic Development Agreement

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