Excusable Delay Event definition

Excusable Delay Event means a Delay Event directly caused by events beyond the control of both Contractor and the District, including Force Majeure events, which is not concurrent with an Inexcusable Delay Event and which could not have been avoided by Contractor through reasonable mitigation measures.
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Excusable Delay Event has the meaning set out in Schedule 2 [General Conditions];
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Excusable Delay Event means a delay that results from: (1) an event described in Section 13 of this Agreement that directly impacts Comcast’s ability to achieve Final Completion of the Project; or (2) make-ready work that is not completed within six (6) months of Comcast's submission of a proper application for utility pole attachments.
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Examples of Excusable Delay Event in a sentence

  • Therefore, the parties agree that the Milestones shall be extended in the event and to the extent of the number of Days that Work on the Critical Path of the then- current GMP Construction Schedule is delayed by a an Excusable Delay Event.

  • Therefore, notwithstanding that the DISTRICT may consent to an extension of the delivery date due to a Non-excused Delay, in the event that VENDOR fails to meet a delivery date for any reason other than an Excusable Delay Event (provided that the DISTRICT consents to the new delivery date resulting therefrom), the VENDOR will be required to pay liquidated damages (which shall not be considered or construed as a penalty) in the dollar amounts set forth in Exhibit F – Liquidated Damages for Delay.

  • If a delay does not meet the definition of an Excusable Delay Event (a “NON-EXCUSALBE DELAY”), then VENDOR shall not, without the DISTRICT’s prior written consent (which may be withheld), be entitled to an extension of the delivery date for the WORK then due.

  • If the foregoing Notice(s) are issued, or in the absence thereof from the City, then Contractor shall be entitled to a day for day extension to the Schedule corresponding to the number of days of delay directly caused by the Excusable Delay Event.

  • Subject to the other provisions of this clause, to the extent that the Date for Practical Completion will be affected by the Excusable Delay Event, the Date for Practical Completion shall be extended for a period of time equal to the date the Affected Party serves a Suspension Notice in respect of that Excusable Delay Event until the cessation of the Excusable Delay Event.

  • If a delay does not meet the definition of an Excusable Delay Event (a “NON-EXCUSABLE DELAY”), then CONSULTANT shall not, without the DISTRICT’s prior written consent (which may be withheld), be entitled to an extension of the delivery date for the WORK then due.

  • If both Parties are Affected Parties in respect of the same Excusable Delay Event and the effect of the Excusable Delay Event would be removed in respect of both Parties if one Party only (in this clause the "Principal Party") removed that effect in respect of itself, the Principal Party shall be deemed to be the Affected Party for the purposes of this clause.

  • Excusable Delay Neither Party will be liable for any default or delay in performance of its obligations under this Agreement if and to the extent the default or delay is caused, directly or indirectly, by an Excusable Delay Event.

  • A Party that becomes aware of any matter likely to constitute an Excusable Delay Event affecting its obligations under this Agreement shall immediately give notice of that fact, and of all relevant particulars of which it is aware, to the other Party.

  • The Affected Party shall use its reasonable endeavours to remove the effect of each Excusable Delay Event affecting the performance of its obligations under this Agreement.


More Definitions of Excusable Delay Event

Excusable Delay Event means a BC Hydro Delay, a Project Delay, a public protest (as described in Section 12.6 of this Schedule 2 [General Conditions]) or an event of Force Majeure that in each case: (i) causes a delay to the then current critical path for completion of the Work or an Interface Milestone; and (ii) occurs contemporaneously with a Contractor Delay that also causes a delay to the then current critical path for completion of the Work or an Interface Milestone.
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Excusable Delay Event means a delay that results from: (1) an event described in Section 11 that directly impacts the schedule for Grantee to achieve Final Completion; or (2) make ready work that is not completed within six (6) months of Xxxxxxx's submission of a proper application for utility pole attachments.
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Excusable Delay Event means any: fire, flood, earthquake, elements of nature or act of God; war, terrorism (both internal and external), acts of sabotage; inclement weather; shortage or delay in the availability of any goods, materials or plant and equipment required for the construction of the Development; delay from any Authority in issuing any Approvals; riot, civil disorder, rebellion or revolution; a strike, blockade, lockout or industrial action, dispute or disturbance of any kind (except where that circumstance relates to issues specific to the affected Party or its related bodies corporate (as that term is defined in the Corporations Xxx 0000 (Cth)); or other similar cause beyond the reasonable control of either Party, but in each case only if and to the extent that the non-performing Party is without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing Party at its reasonable expense through the use of alternate sources, work around plans or other means.
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Related to Excusable Delay Event

  • 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.

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Tenant Delay means (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.

  • Notice Event means any of the events enumerated in paragraph (b)(5)(i)(C) of the Rule and listed in Section 4(a) of this Disclosure Agreement.

  • Landlord Delay means any actual delay in the completion of the Improvements as a result of Landlord’s breach or material default under this Exhibit B, or Section 2.1 of the Lease; any failure to respond to any items required to be furnished or approved by Landlord within a time period expressly set forth in this Lease (unless a deemed approval is specified, in which case no Landlord Delay shall be assessed); Landlord’s failure to allow contractors access to the Building or Premises as scheduled or Landlord’s request for material changes in the final Plans and Specifications after Landlord’s approval thereof (unless such request was caused by an error or omission by Xxxxxx), provided, however, that notwithstanding the foregoing, no Landlord Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (the “Landlord Delay Notice”), specifying the bona fide action or inaction which Tenant contends constitutes the Landlord Delay. If such action or inaction is not cured by Landlord within two (2) business days of Landlord’s receipt of such Landlord Delay Notice, then the Landlord Delay shall be deemed to have occurred as of the expiration of such two (2) business day period. A delay in construction of the Improvements due to a Tenant Delay, any Force Majeure event or a delay by any governmental authority (including but not limited to the City of Los Angeles) shall not be deemed a Landlord Delay.

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • End of Suspension Notice has the meaning set forth in Section 1(f)(ii).

  • Event of Force Majeure means one of the following events:

  • ERISA Termination Event means (i) a “Reportable Event” described in Section 4043 of ERISA and the regulations issued thereunder (other than a “Reportable Event” not subject to the provision for 30-day notice to the PBGC under such regulations), or (ii) the withdrawal of a Borrower or any of its ERISA Affiliates from a “single employer” Plan during a plan year in which it was a “substantial employer”, both of such terms as defined in Section 4001(a) of ERISA, or (iii) the filing of a notice of intent to terminate a Plan or the treatment of a Plan amendment as a termination under Section 4041 of ERISA, or (iv) the institution of proceedings to terminate a Plan by the PBGC or (v) any other event or condition which might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan or (vi) the partial or complete withdrawal of a Borrower or any ERISA Affiliate of such Borrower from a “multiemployer plan” as defined in Section 4001(a) of ERISA.

  • Allowed Delay has the meaning set forth in Section 2(c)(ii).

  • Financial Covenant Event of Default has the meaning specified in Section 8.01(b).