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 5 contracts

Samples: Mobility Enhancement Agreement, Safety, Security, Training, Consultant and Related Services Agreement, Marketing, Advertising, and Public Relations Services Agreement

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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: Contract for Wheelchair Restraint System

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 or their agents; was substantial; and, in fact, caused Supplier to miss delivery dates and could not adequately have been guarded against.the

Appears in 1 contract

Samples: Safety, Security, Training, Consultant and Related Services Agreement

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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: Electric Transit Buses With Charging and Associated Equipment

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