Delays in Performance a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
Delays in Performance. If the Contractor does not perform the services within the period of implementation specified in the contract, the Contracting Authority shall, without formal notice and without prejudice to its other remedies under the contract, be entitled to liquidated damages for every day, or part thereof, which shall elapse between the end of the period of implementation specified in the contract and the actual end of the period of implementation. The daily rate for liquidated damages is calculated by dividing the contract value by the number of days of the period of implementation. If these liquidated damages exceed more than 15% of the contract value, the Contracting Authority may, after giving notice to the Contractor:
a) terminate the contract; and
b) complete the services at the Contractor's own expense
Delays in Performance. The time within which the parties hereto shall be required to perform any act under this Lease, other than the payment of rent, taxes, insurance, or other obligations to pay money that are treated as rent, shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to an act of God, supernatural causes, strikes, lockouts, fire, earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, unusually severe weather, court order, delays or inaction of independent contractors, or similar events which are completely and strictly beyond that party’s control. The additional grace period or extension of time provided above shall be equal to the period of delay caused by the above-described event, which period shall commence to run from the time of the commencement of the cause for delay and shall terminate upon termination of that cause. A party wishing to invoke this Section shall notify in writing the other party to this Agreement of that intention within six (6) months of the date on which it knew or should have known of the commencement of any such cause for delay and shall, at that time, specify the reasons therefore. The failure to so notify the other party within that period as to the cause for delay shall constitute a waiver of any right to later rely upon this Section with respect to that cause.
Delays in Performance. The performance by Xxxxxxxx and Tenant of any of their respective obligations or undertakings provided for in this Lease (except the payment of rent or any other sums of money payable by Tenant under this Lease) shall be excused and no default shall be deemed to exist in the event and so long as the performance of any such obligation or undertaking is prevented, delayed, retarded, or hindered by any act of nature, weather conditions, fire, earthquake, flood, explosion, war, riot, failure of transportation, strikes, lockouts, action of labor unions, condemnation, laws, orders of government or civil or military authorities, inability to procure labor, equipment, facilities, materials, or supplies in the open market, or any other cause beyond the control of Landlord or Tenant, as the case may be.
Delays in Performance. In addition to any other provisions of this Agreement with respect to delay, Developer and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America, riots, strikes, picketing, or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties; litigation, restrictions imposed or mandated by governmental or quasi-governmental entities; and/or enactment of conflicting provisions of the Constitution, laws of the United States of America, the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within thirty (30) days after the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon.
Delays in Performance a. Any delays in Engineer’s work caused by the following shall be added to the time for completion of any obligations of Engineer: (1) the actions of District or its employees; (2) the actions of those in direct contractual relationship with District; (3) the actions of any governmental agency having jurisdiction over the services or the Project; (4) the actions of any parties not within the reasonable control of the Engineer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Engineer. Neither the District nor the Engineer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.
b. The Engineer shall, within thirty (30) calendar days of the beginning of any excusable delay (unless District grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement), notify the District in writing of the causes of delay. District will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the services when, in its sole judgment, the findings of fact justify such an extension. The District’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the services affected by the delay and shall not apply to other portions of the services not so affected. The sole remedy of Engineer for extensions of time shall be an extension of the performance time at no cost to the District. If Additional services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional services provision of this Agreement. Should Engineer make an application for an extension of time, Engineer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
Delays in Performance. Neither LAFCO nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
Delays in Performance. ESD112 and the District shall not be liable for any failure to perform its obligations in this Agreement, and shall not be liable for the damages in Section 5 above, if the failure to perform or action that gave rise to damages is a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control, such as changes to federal, state or local laws, but excluding failure caused by a party’s financial condition or negligence.
Delays in Performance. If Supplier has knowledge of anything that may prevent or threaten to prevent the timely performance under this Agreement, Supplier will notify AT&T, within twenty-four (24) hours of such knowledge, orally or in writing, and provide all relevant information concerning the delay or potential delay. Neither Party will be liable for failure to perform any obligations under this Agreement to the extent such failure is caused by a Force Majeure event. In such event, AT&T may cancel all or portion of the affected Service by the Force Majeure event in accordance with Section 16.2.
Delays in Performance. If the Subcontractor fails to complete Work by the promised delivery date, Contractor will be awarded $200.00 per day in liquidated damages; and, Contractor may refrain from making any further payments to the Subcontractor until the entire project shall be fully completed and accepted by Contractor following completion of any punch list related work. If Subcontractor and Contractor agree further work shall not be completed by Subcontractor but awarded to someone else, at the Contractors discretion; Contractor agrees to pay Subcontractor for all Work completed prior to awarding to another Subcontractor. Any delays out of Subcontractor control preventing the job from being completed on promised delivery date shall not cause Subcontractor to be at fault and in such situation Contractor shall not be awarded any liquid damages. Subcontractor may be required to submit proof of delays out of their control such as, but not limited to, additions to or changes in scope of work, weather, issues related to quarantines, issues related to other Subcontractors not hired by Subcontractor but hired directly by Contractor, issues related to jurisdictional permits and other issues as deemed out of Subcontractor control to be reviewed by both parties
