Common use of Termination for Excusable Delay Clause in Contracts

Termination for Excusable Delay. (a) Customer may, upon written notice to Contractor, immediately terminate this Agreement, if and when it becomes reasonably certain that the aggregate of Excusable Delays will exceed [***Redacted***]. (b) In the event of termination under this Article 26.3, Contractor shall be entitled to the lesser of (i) the actual costs incurred plus a profit equal to [***Redacted***] and (ii) the Termination Liability Amount specified in Exhibit C, in either case less the sum of all amounts received by Contractor in cash or cash equivalent under this Agreement. (c) In the event it is determined by arbitration pursuant to Article 22 or by written agreement of the Parties that Customer wrongfully terminated this Agreement under this Article 26.3, such termination shall be considered a Termination for Convenience by Customer and the provisions of Article 26.1 shall apply.

Termination for Excusable Delay. (a) Customer may, upon written notice to Contractor, immediately terminate this Agreement, if and when it becomes reasonably certain that the aggregate of Excusable Delays will exceed [***Redacted***]. (b) In the event of termination under this Article 26.3, Contractor shall be entitled to the lesser of (i) the actual costs incurred plus a profit equal to [***Redacted***] and (ii) the Termination Liability Amount specified in Exhibit C2, in either case less the sum of all amounts received by Contractor in cash or cash equivalent equivalents under this Agreement. (c) In the event it is determined by arbitration pursuant to Article 22 or by written agreement of the Parties that Customer wrongfully terminated this Agreement under this Article 26.3, such termination shall be considered a Termination for Convenience by Customer and the provisions of Article 26.1 shall apply.