Prolonged Delay Sample Clauses

Prolonged Delay. If after the Purchaser has become entitled pursuant to Clauses 34.1 to damages up to the limit provided under Clause 34.2 or the combined limit provided under Clause 44.3 any part of the Works remains uncompleted, the Purchaser may by notice to the Contractor require him to complete that part and the Contractor shall complete that part in accordance with such notice from the Purchaser. Such notice shall fix a final time for completion, which, shall be reasonable having regard to such delay as has already occurred and to the extent of the work required for completion. If for any reason other than an event of Force Majeure or one for which the Engineer or the Purchaser or some other contractor employed by the Purchaser is responsible the Contractor fails to complete within such time, then the Purchaser may (a) by further notice to the Contractor terminate the Contract and otherwise proceed in accordance with Clause 46.3, or, (b) accept the Plant subject to reaching an agreement on further reduction in Contract Price.
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Prolonged Delay. If the Unit Delivery Dates for both Units shall not have occurred by July 30, 2000 and, although Contractor shall have paid Performance Liquidated Damages and Schedule Liquidated Damages, in addition to the liability of the Contractor due to indemnification and third party claims set forth in Article 16 and 18.2, Owner may terminate Contractor's employment and this Contract pursuant to Article 15.1.2(b) and upon such termination, Contractor shall pay an amount up to thirty-five percent (35%) of the total Contract Price and Owner may, at its sole option, draw on the Performance Guarantee and withhold the retainage and may assert such remedies as are set forth in Article 15.1.
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Prolonged Delay. If the Buyer has become entitled to the maximum damages for delay pursuant to the operation of Article 6.1. and Article 9.1. of this Part A of the Agreement, the Buyer shall by notice require the Seller to complete Delivery. Such notice shall fix a reasonable final time for completion of the Delivery. If the Seller fails to complete Delivery of the Equipment within such final time, and this is not due to a Force Majeure event or a Buyer Caused Delay, then Buyer may by further notice to the Seller terminate this Part A of the Agreement.
Sample 1
Prolonged Delay. If Buyer has become entitled to the maximum damages for delay pursuant to the operation of Article 5.1. above and Article 8.1. of this Part B of the Agreement, Buyer shall by notice require Servicer to complete the Services. Such notice shall fix a reasonable final time for completion of the Services. If Servicer fails to complete within such final time, and this is not due to a Force Majeure event or a Buyer Caused Delay, Buyer may by further notice to Servicer: a) require Servicer to complete the Services by fixing a further time for completion thereof; b) may itself complete the Services at the Servicer’s cost provided that Buyer does so in a reasonable manner and with due professional diligence; or c) terminate this Part B of the Agreement in connection with the delayed Services only without prejudice to Buyer’s right to seek Delay Liquidated Damages under Article 5.1. (subject to Article 8.1.) of this Part B of the Agreement if the conditions set forth therein are met.
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Prolonged Delay. 9.1 The ESCO shall achieve Service Readiness of each Block of the ESCO Works by its relevant Block Completion Date. 9.2 If Service Readiness of any Block has not been attained on or before the relevant Block Completion Date in accordance with paragraph 12 of Part 3 (ESCO Works) of Schedule 7 (Works Obligations), the Developer shall be entitled to, and the ESCO shall pay the Developer’s reasonable costs, losses, expenses and liabilities attributable to such delay (the “Delay Damages”), for each day or on a pro rata basis each part day for the period commencing on the day of the relevant Block Completion Date and expiring on the date of issue of the Practical Completion Certificate for the relevant Block. The Parties acknowledge and agree that such costs, losses, expenses and liabilities may (but will not necessarily) include: 9.2.1 a reduction in the value obtainable on the sale of Units attributable to the unavailability or delay in availability of Heat and the consequent capital cost to the Developer of incorporating or retro-fitting larger plant rooms to house on-site energy; 9.2.2 the cost of a cash shortfall resulting from the delayed sale or inability to let or sell Units attributable to the unavailability or delay in availability of Heat; 9.2.3 costs arising from interruptions to and/ or delays to construction programmes, attributable to the XXXX xxxxx; 9.2.4 costs arising from the temporary re-housing or delayed housing of any Tenants due to the unavailability of Heat in Residential Units; 9.3 For the avoidance of doubt, Delay Damages shall not be payable by the ESCO under this clause 9 where the delay to Service Readiness is caused by the Developer and is outside of the ESCO’s control or is caused by an Force Majeure event or a Compensation Event. 9.4 Where the ESCO fails to achieve Service Readiness of a Block by the relevant Block Completion Date, the ESCO shall have no liability to pay Delay Damages where the ESCO is able to provide alternative temporary heating services to Customers, including by way of a Temporary Heat Solution, provided that: 9.4.1 the temporary heating services satisfy Authorisations; 9.4.2 the temporary heating services allow the ESCO to perform the ESCO Services; and 9.4.3 the supply of Heat and the means of delivering the Temporary Heat Solution is otherwise in accordance with the requirements of this Agreement and the Customer Supply Agreements. 9.5 The ESCO shall pay to the Developer any Delay Damages due and payable pu...
Sample 1
Prolonged Delay. If the Employer has become entitled to the maximum amount for late completion of the Works, the Employer may by further notice to the Contractor either: a. require the Contractor to complete; or b. may himself complete at the Contractor’s cost provided he does so in a reasonable manner; or c. terminate the Contract. If the Employer terminates the Contract, he shall be entitled to recover from the Contactor any loss he has suffered up to the maximum of 120% of the Contract Price, except in the case of Gross Misconduct by the Contractor where the amount shall be 200% of the Contract Price or in the case of fraud of the Contractor where the amount shall be unlimited.
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Related to Prolonged Delay

  • Epidemic Failure “Epidemic Failure” for any particular Product shall mean a failure resulting from defects in material, workmanship, and manufacturing process, including but not limited to the use of Components with known defects. The Epidemic Failure clause shall be invoked [***]. The failure rate may be calculated [***], as determined by BUYER. Epidemic failures do not supersede the requirements of any expressed or implied warranty defined herein. In the case of an epidemic failure, SUPPLIER’s obligation is to propose an action plan to fix the failure of any affected Product within seventy-two (72) hours of discovery. SUPPLIER shall implement this action plan upon BUYER’s acceptance thereof. If the action plan is not acceptable to BUYER, BUYER can require SUPPLIER to repair or replace, at BUYER’s option, the affected Product. In addition to bearing the costs associated therewith, if requested by BUYER, SUPPLIER shall support and provide at SUPPLIER’s expense a sufficient number of units of the Product to permit the field exchange or “hot swap” of Products at customer sites. The parties agree to make all reasonable efforts to complete the repair or replacement of all affected Products within eight (8) Business Days after written notice of epidemic failure by BUYER to SUPPLIER. SUPPLIER also agrees that BUYER will be supported with accelerated shipments of replacement Product to cover BUYER’s supply requirements. If an Epidemic Failure is caused by (i) a design, including a BUYER-provided test process, as required by the Specifications or (ii) a failure by a Component required by the Specifications, (iii) misuse or damage during transit or damage by a third party at no fault of SUPPLIER, SUPPLIER shall perform the obligations in this Section 10.5 and BUYER shall pay to SUPPLIER the fees mutually agreed upon by the parties in writing. If an Epidemic Failure is caused by any other reason other than as set forth in the immediately preceding sentence, SUPPLIER shall perform the obligations set forth in this Section free of charge. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Tenant Delay Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

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