Common use of Unavoidable Delay Clause in Contracts

Unavoidable Delay. If delivery of the Services, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during Supplier’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Supplier, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier to miss delivery dates and could not adequately have been guarded against.

Appears in 6 contracts

Samples: Disadvantaged Mobility Enhancement Agreement, Agreement, Agreement

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Unavoidable Delay. If delivery of the ServicesProject, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, may extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierContractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierContractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier Contractor to miss delivery dates and could not adequately have been guarded againstagainst by contractual or legal means.

Appears in 3 contracts

Samples: Agreement to Furnish Transit Bus, Agreement, License Agreement

Unavoidable Delay. If delivery of the Services, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierThe Bidder’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierThe Bidder, its subcontractorsSubcontractors, or its suppliers the Bidders or their agents; was substantial; and, in fact, caused Supplier The Bidder to miss delivery dates and could not adequately have been guarded against.

Appears in 1 contract

Samples: Agreement

Unavoidable Delay. If delivery of the ServicesProject, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierContractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierContractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier Contractor to miss delivery dates and could not adequately have been guarded againstagainst by contractual or legal means.

Appears in 1 contract

Samples: Furnish Campus Wifi Replacement

Unavoidable Delay. If delivery completion of the Services, and all deliverables thereunder, Services under any Purchase Order is unavoidably delayed, PSTA may, in its sole and absolute discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierContractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierContractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier Contractor to miss delivery dates and could not adequately have been guarded againstagainst by contractual or legal means.

Appears in 1 contract

Samples: www.psta.net

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Unavoidable Delay. If delivery completion of the Servicesany requested service, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, may extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierContractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierContractor, its subcontractorssubcontractor, or its suppliers Contractors or their agents; was substantial; and, in fact, caused Supplier Contractor to miss delivery dates and could not adequately have been guarded againstagainst by contractual or legal means.

Appears in 1 contract

Samples: www.psta.net

Unavoidable Delay. If delivery of the Services, and all deliverables thereunder, is unavoidably delayed, PSTA may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during Supplier’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Supplier, its subcontractorsSubcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier to miss delivery dates and could not adequately have been guarded against.

Appears in 1 contract

Samples: Furnish Wheelchair Restraint System

Unavoidable Delay. If delivery completion of the Services, and all deliverables thereunderunder the Agreement, is unavoidably delayed, PSTA may, in its sole and absolute discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during SupplierContractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of SupplierContractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Supplier Contractor to miss delivery dates and could not adequately have been guarded againstagainst by contractual or legal means.

Appears in 1 contract

Samples: Agreement to Provide Marketing Services

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