PURCHASER DELAY OF WORK. 13.1 If the performance of all or any part of the work is delayed or interrupted by an act of the Purchaser in the administration of the Order, which act is not expressly or implicitly authorised by the Order, or by his failure to act within the time specified in the Order (or within a reasonable time if not time is specified), an adjustment shall be made for any increase in the cost of performance of the Order caused by such a delay or interruption and the Order modified in writing accordingly. Adjustments shall be made also in the delivery or performance dates and any other contractual provision affected by such delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption:
13.1.1 to the extent that performance would have been delayed or interrupted by any other clause, including the fault or negligence of "Company"; or
13.1.2 for which an adjustment is provided under any other provision of this Agreement.
13.2 No claim under this clause shall be allowed:
13.2.1 for any costs incurred more than twenty (20) days before "Company" shall have notified the Purchaser in writing of the act or failure to act involved; and
13.2.2 unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such delay or interruption, but not later than the date of final payment under the Order.
PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is delayed or interrupted primarily caused by Purchaser’s failure to perform its contractual obligations set forth in Table 8-1 of Exhibit A, Statement of Work, and not due to Force Majeure, within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser or its agents, consultants or subcontractors (including, without limitation, the Launch Agency) that unreasonably interferes with and/or materially delays Contractor’s performance of its obligations under this Contract (each a “Purchaser Delay”), Purchaser shall be responsible for any additional Actual Costs incurred by Contractor [***], and the Firm Fixed Price shall be modified accordingly [***], provided that if the delay or interruption is due to the unavailability of any of the items identified in Table 8.1 of Exhibit A, Statement of Work, Purchaser shall direct Contractor to place the Satellite in storage in accordance with the applicable provision(s) of this Contract. In addition, Contractor shall be entitled to an equitable adjustment in performance requirements, Delivery schedules, and any other terms of this Contract to the extent affected by such Purchaser Delay. The Parties will formalize all such adjustments by executing an appropriate amendment to this Contract. To qualify as a Purchaser Delay hereunder, (a) Contractor must provide Purchaser written notice of any applicable Purchaser Delay no later than [***] Business Days after the time of such Purchaser Delay; and (b) Contractor must use reasonable efforts to avoid and/or mitigate the effect of such Purchaser Delay.
PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is delayed or interrupted by Purchaser’s failure to perform its contractual obligations hereunder within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser that unreasonably interferes with and delays Contractor’s performance of its obligations under this Contract (“Purchaser Delay”), Contractor shall promptly give Purchaser written notice thereof. In the event of a Purchaser Delay, Contractor shall cooperate with Purchaser to develop a plan using best reasonable efforts to avoid or minimize and/or work around such delay (including work-around plans, use of alternate sources, or other means to minimize the delay). Within fifteen (15) working days of Contractor’s issuance of its notice of Purchaser Delay, Contractor shall provide Purchaser with a written estimate of the impacts to the Contract caused by such Purchaser Delay. Subject to such notice, and issuance of the written estimate as provided immediately above, Contractor shall be entitled to an Equitable Adjustment for Purchaser Delay. Any Equitable Adjustment made pursuant to this Article 18 shall be incorporated into this Contract by the execution of an amendment in accordance with Articles 16 and 37.5. At Purchaser’s written request pursuant to Article 16, Contractor shall use best reasonable efforts to avoid or minimize and/or work around any delay resulting from such Purchaser Delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work.
PURCHASER DELAY OF WORK. 11 Use or disclosure of the data contained on this page is subject to the restriction on the title page of this Contract.
PURCHASER DELAY OF WORK. Except in the case of a Force Majeure event, if the performance of all or any part of the work required of Contractor under this Contract is delayed or interrupted by Purchaser's failure to perform its contractual obligations within the time specified in this Contract or within a reasonable time if no time is specified, or an act by Purchaser that unreasonably interferes with Contractor's performance of its obligations under this Contract, this Contract shall be equitably adjusted in the price, performance requirements, Delivery schedule, and any other terms of this Contract affected by such act or failure to act of Purchaser.
PURCHASER DELAY OF WORK. Except in the case of a Force Majeure event, if the performance of all or any part of the work required of Contractor under this Contract is delayed or interrupted by Purchaser's failure to perform its contractual obligations within the time specified in this Contract or within a reasonable time if no time is specified, or an act by Purchaser that unreasonably interferes with Contractor's performance of its obligations under this Contract, Contractor shall give notice to Purchaser of the failure or act causing such delay or interruption. If Purchaser does not promptly cease such act or correct such failure, this Contract shall be equitably adjusted in the price, performance requirements, Delivery schedule, and any other terms of this Contract affected by such act or failure to act of Purchaser.
PURCHASER DELAY OF WORK. If the performance of all or any part of the Work required of Contractor under this Contract is materially delayed or interrupted by Purchaser’s failure to perform its contractual obligations set forth in paragraph 2.6 of the SOW within the time specified in this Contract or within a reasonable time if no time is specified, or by an act or failure to act of Purchaser or its agents, consultants or subcontractors (including, without limitation, the Launch Agency) that unreasonably interferes with and/or materially delays Contractor’s performance of its obligations under this Contract (each a “Purchaser Delay”), Purchaser shall be responsible for any additional Actual Costs incurred by Contractor as a result thereof, and the Firm Fixed Price shall be modified accordingly. In addition, Contractor shall be entitled to an equitable adjustment in performance requirements, Delivery schedules, and any other terms of this Contract affected by such Purchaser Delay. The Parties will formalize all such adjustments by executing an appropriate amendment to this Contract. To qualify as a Purchaser Delay hereunder, (a) Contractor must notify Purchaser in writing of any applicable Purchaser Delay no later than five (5) Business Days after Contractor becomes aware of a possible impact due to the Purchaser Delay; and (b) Contractor must use Reasonable Efforts to avoid and/or mitigate the effect of such Purchaser Delay.
PURCHASER DELAY OF WORK. If the performance of all or any part of the work required by this Contract is delayed or interrupted by Purchaser’s failure to perform its contractual obligations within the time specified in this Contract or within a reasonable time if no time is specified, or an act by Purchaser in the administration of this Contract that unreasonably interferes with Contractor’s performance of its obligations under this Contract, and such delay, interruption or failure is the sole cause of Contractor’s inability to meet the applicable scheduled delivery date set forth in Article 3 hereof, Contractor shall be entitled to an extension of the delivery schedule, and the commencement of Contractor’s liability for damages for delay as set forth in Article 22 hereof will be delayed day for day, and Purchaser shall in addition be subject to an additional charge per whole month of delay equal to the Contractor’s direct, actual and reasonable costs for labor, overhead and G&A and to the extent Contractor pays its subcontractors for such delay subcontractors direct, actual and, reasonable costs for labor, such costs for labor, documented to Purchaser’s reasonable satisfaction based on commercial terms.
PURCHASER DELAY OF WORK. Except in the case of a Force Majeure event, in the event the performance of all or any part of the Work is delayed or interrupted by Purchaser’s failure to perform its contractual obligations set forth in this Contract within the time specified in this Contract or within a reasonable time if no time is specified, or an act by Purchaser that unreasonably interferes with Contractor’s performance of its obligations under this Contract or because of Purchaser’s failure to obtain the authorizations contemplated in Article 6.2 (each a “Purchaser Delay”), ***. In the event that *** and this Contract shall be modified in writing in accordance with and subject to Article 18. Contractor shall use reasonable best efforts to avoid and/or mitigate the effect of such Purchaser Delay.
PURCHASER DELAY OF WORK. If the performance of all or any part of the work required by this Contract is delayed or interrupted (except for Force Majeure) by Purchaser's failure to perform its contractual obligations within the time specified in this Contract or within a reasonable time if no time is specified, or an act by Purchaser that unreasonably interferes with Contractor's performance of its obligations under this Contract, this Contract shall be equitably [***] Filed separately with the Commission pursuant to a request for confidential treatment. Use or disclosure of the data contained on this page is subject to the restriction on the title page of this volume. adjusted in the Contract price, performance requirements, schedule, and/or any other affected terms of this Contract.
