Common use of Time; Force Majeure Clause in Contracts

Time; Force Majeure. (a) Time is of the essence in the performance of this Agreement. (b) All references to “days” herein shall be construed to refer to calendar days, unless otherwise stated. (c) No party shall be liable to another party for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence (“Force Majeure”), such as acts of God, acts of civil or military authority, fire, earthquake, strike, unusually severe weather, floods or power blackouts. If any such event of Force Majeure occurs, the Owner agrees, if requested by the Developer, to accelerate its efforts hereunder if reasonably feasible in order to regain lost time, so long as the Developer agrees to reimburse the Owner for the reasonable and actual costs of such efforts.

Appears in 9 contracts

Samples: Project Utility Adjustment Agreement, Utility Adjustment Agreement, Project Utility Adjustment Agreement

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Time; Force Majeure. (a) Time is of the essence in the performance of this Agreement. (b) All references to “days” herein shall be construed to refer to calendar days, unless otherwise stated. (c) No party shall be liable to another party for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence (“Force Majeure”), such as acts of God, acts of civil or military authority, fire, earthquake, strike, unusually severe weather, floods or power blackouts. If any such event of Force Majeure occurs, the Owner agrees, if requested by the DeveloperDeveloperDB Contractor, to accelerate its efforts hereunder if reasonably feasible in order to regain lost time, so long as the Developer DeveloperDB Contractor agrees to reimburse the Owner for the reasonable and actual costs of such efforts.

Appears in 1 contract

Samples: Utility Adjustment Agreement

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