Excusable Delay definition

Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

Excusable Delay means:

Excusable Delay means any Delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor or its Subcontractors, such as, but not limited to: war, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions that are unusual and unseasonable and in which the Work cannot continue. Without limitation to the foregoing, the financial inability of Contractor or any Subcontractor, shall not be deemed conditions beyond Contractor's control or foreseeability. Contractor may claim an Excusable Delay only if all Work on a critically scheduled activity is stopped for more than six (6) hours of a normal eight (8) hour work day, or if three to six hours are lost in one work day, then it may be claimed for one-half day.

Examples of Excusable Delay in a sentence

• Any increase or decrease in the cost of or time required for performance resulting from such changes shall be dealt with in accordance with the provisions of Article 13 (Changes (Including Extra Work)) and Article 6 (Excusable Delay).

• For the avoidance of doubt, the foregoing list shall not be considered exhaustive and an Excusable Delay shall be deemed to include: (i) any unforeseeable circumstances, whether similar or dissimilar to any of the listed events contained herein, that are beyond the Seller’s reasonable control; and (ii) the incapability of Seller to obtain the Goods from its manufacturer due to unforeseen circumstances which directly impact said manufacturer’s ability to produce or timely ship the Goods.

• If FIELD AEROSPACE is prevented or delayed, directly or indirectly, from performing any of its obligations under the Agreement by an Excusable Delay as defined herein, FIELD AEROSPACE shall not be liable for, and shall not be in default under the Agreement on account of, such delay or non-performance and the time fixed or required for the performance of any obligation in the Agreement shall be extended for a period equal to the period during which any such event or the effects thereof shall persist.

• In the event the Design- Builder fails to provide the Safety Plan, the Design- Builder will not be permitted to commence the Construction Phase until the Safety Plan is submitted and in no event shall any resulting delay constitute an Excusable Delay.

• Suspension shall be treated as an Excusable Delay and Consultant shall be compensated for such delay to the extent provided under this Agreement.

More Definitions of Excusable Delay

Excusable Delay means any delay of the completion of the Project beyond the expiration of the Contract Time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract Time.

Excusable Delay has the meaning set out in Clause 10.1.

Excusable Delay means unforeseeable delay beyond the Contractor or BSA’s control and not resulting from Contractor’s fault or negligence. Excusable Delay includes labor disputes, fire, Unusual Weather, unavoidable casualties and unusual delays in transportation.

Excusable Delay shall have the meaning attributed to it in Article 13.1;

Excusable Delay has the meaning set forth in Section 11.5.2.

Excusable Delay means delay due to strikes, acts of God, inability to obtain labor or materials, orders of any governmental authority having jurisdiction, removal of Hazardous Materials discovered at any time after the commencement of the Term, enemy action, civil commotion, fire, unusual inclement weather, unavoidable casualty or similar causes beyond the reasonable control of Tenant.

Excusable Delay means acts of God, unavailability of electric power or other utilities, fire, flood, earthquake, tornado, explosions, riot, war, acts of terrorism, embargoes, government actions issued in an emergency, including those that prevent a Party from exercising control over its facility, and any similar circumstance beyond the reasonable control of a Party and without such Party’s fault or negligence. Raw material shortages, labor shortages, or system failures are not Excusable Delays, unless directly caused by an event that constitutes Excusable Delay. The Party impacted by an Excusable Delay must make all reasonable efforts and incur all reasonable costs to mitigate the effect of the Excusable Delay. In no event, however, will Supplier’s inability to perform as a result of any of the following constitute Excusable Delay: (a) Supplier’s insolvency or financial condition; (b) change in cost or availability of raw materials or components based on market conditions; (c) change in cost or availability of a method of transportation; (d) changes in, or implementation of new government regulations, taxes or incentives; (e) failure to obtain permits, licenses or other government approvals; (f) failure to use available substitute services, alternate sources, work-around plans or other means by which the requirements of a buyer of products or services substantively similar to the Products or Services would be satisfied; or (g) labor disruptions, strikes, lockouts and slowdowns affecting a Supplier’s facility or a Supplier’s sub-Supplier’s facility. If the non-performing Party cannot provide adequate assurances that the Excusable Delay will last less than 30 calendar days, or if the non-performance exceeds 30 calendar days, the other Party may terminate this Agreement by notice given to non-performing Party before performance resumes without liability.