Common use of Unavoidable Delay Clause in Contracts

Unavoidable Delay. If delivery of the Project, and all deliverables thereunder, is unavoidably delayed, PSTA 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 Contractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against by contractual or legal means.

Appears in 3 contracts

Samples: Transit Bus Filters Agreement, Contract for Printing Services, Contract Agreement to Furnish Bus Shelters Installation and Related Services

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Unavoidable Delay. If delivery of the Project, and all deliverables thereunder, is unavoidably delayed, PSTA may 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 Contractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against by contractual or legal means.

Appears in 1 contract

Samples: Campus Wifi Replacement Agreement

Unavoidable Delay. If delivery completion of the Projectany requested service, and all deliverables thereunder, is unavoidably delayed, PSTA 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 Contractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractorssubcontractor, or its suppliers Contractors or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against by contractual or legal means.

Appears in 1 contract

Samples: Contract for Janitorial Services

Unavoidable Delay. If delivery completion of the ProjectServices, and all deliverables thereunderunder the Agreement, is unavoidably delayed, PSTA may 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 Contractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against by contractual or legal means.

Appears in 1 contract

Samples: Marketing Services Agreement

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Unavoidable Delay. If delivery of the Project, and all deliverables thereunder, is unavoidably delayed, PSTA may 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 Contractor’s performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against against. No extension from PSTA shall extend the Contract Time, unless set forth in writing and approved by contractual or legal meansPSTA’s Board of Directors.

Appears in 1 contract

Samples: Design Build Agreement

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