Excusable Events means the following events or occurrences, solely to the extent any such event or occurrence (a) actually, adversely and demonstrably affects Contractor’s actual cost of performance of the Work or actually, adversely and demonstrably delays the critical path of the Work as further set forth in Section 7.1 (which costs and delay shall be adequately documented and supported by Contractor) and (b) is not attributable to any act or omission of Contractor or its Subcontractors (including, without limitation, on account of any default by Contractor in any of the obligations Contractor assumes under the Power Island Supply Agreement pursuant to the Assignment, Assumption and Consent Agreement):
Excusable Events means any of the following events:
Excusable Events shall be limited to acts of neglect by District or District’s agents, contractors or consultants when acting at District’s direction, breaches of this Agreement by District, Acts of God such as fire, flood, earthquake, or epidemic, or delay by a construction contractor during the construction phase of the Project, or any other circumstances beyond Architect’s reasonable control.) If the period of Excusable Delay caused by an Excusable Event concurs with an Architect-caused or other nonexcusable delay, District may (but shall not be required to) grant a time extension without compensation.
Examples of Excusable Events in a sentence
District expressly understands and agrees that Excusable Events may occur due to Interconnection Facilities work that may need to be performed by the local electric utility (“Utility”) in order for ENGIE Services U.S. to fully implement the Project.
Excusable Events include fire, flood, earthquake, and other extreme natural events, acts of God, riots, civil disorders, labor problems (including strikes, lockouts, and slowdowns regardless of their lawfulness), and war or acts of terrorism whether or not declared as such by a Government.
During this reporting period, Vestas submitted to the project Excusable Events Nos.
Excusable Events do not include the failure to comply with applicable law or to take actions reasonably necessary to schedule performance in anticipation of any customs, export-import, or other Government Requirement of which public notice has been given.
To the extent the delay at issue constitutes an Excusable Event of Delay, in whole or in part, the Special Project Delay Report shall indicate the costs associated with the components of the Recovery Plan related to any Excusable Events of Delay, which costs shall be determined in accordance with Section 46.2 of the General Conditions below (the “Recovery Costs”).
More Definitions of Excusable Events
Excusable Events means any one or more of the events specified in Clause 14;
Excusable Events shall have the meaning set forth in Section 2.8.
Excusable Events means the following events to the extent that such event materially and adversely results in an actual delay in the performance of the Work that Contractor demonstrates materially affects the critical path of the Work, an increase in Contractor’s cost of performing the Work or otherwise materially and adversely affects Contractor’s performance hereunder:
Excusable Events shall be limited to acts of neglect by District or District’s agents, contractors or consultants when acting at District’s direction, breaches of this Agreement by District, Acts of God such as fire, flood, earthquake, or epidemic, or delay by a construction contractor during the construction phase of the Project, or any other circumstances beyond Architect’s reasonable control.) If the period of Excusable Delay caused by an Excusable Event concurs with an Architect-caused or other nonexcusable delay, District may (but shall not be required to) grant a time extension without compensation. Architect may recover extra costs resulting from Excusable Delay upon showing that the costs claimed (i) resulted from time and/or expenses actually incurred in performing Services, (ii) were incurred by Architect as a direct result of the delay and not otherwise within Architect’s scope of Services, and (iii) are documented to District’s satisfaction. (For example, and not by way of limitation, contract punchlist and final inspection Services, when performed no more than twice, and Services related to correcting deficiencies in Architect’s work, shall be within Design Services and not entitle Architect to extra costs or Additional Services.) Should the progress of the Services under this Agreement at any time fall behind schedule for any reason other than Excusable Delays, Architect shall apply such additional manpower and resources as necessary without Additional Services Compensation to bring progress of the Services under this Agreement back on schedule and consistent with the standard of professional skill and care required by this Agreement. Time is of the essence in the performance of this Agreement.
Excusable Events has the definition given in Section 2.3.7
Excusable Events means any of the following events: a Force Majeure Event; fire, explosion, lightning, hail storms or vandalism; an unavailability of part or all of the transport and/or distribution network to which the Wind Farm is connected; a judicial or administrative order requiring an interruption of the operation of the Wind Farm, provided it does not result from a default of the Producer; an emergency or safety issue on the Wind Farm site.
Excusable Events. An excusable, justifiable or force majeure event is any event with the following characteristics: (i) hinders, delays or prevents Seller to comply with any of its obligations, where such event is not attributable to Seller; (ii) is beyond control and not the result of Seller’s fault or negligence, and (iii) despite the exercise of reasonable diligence, could not be prevented, avoided or removed. Seller shall not be liable or considered in breach of its obligations herein set forth in the event of delays or obstacles by any cause beyond its reasonable control, including, but not limited to: unexpected environmental conditions, armed conflict, acts of terrorism or threats, outbreaks, strikes or other labor issues, or acts or omissions of any governmental authority, or of Buyer or its contractors or suppliers. If an excusable event occurs, Buyer will be duly notified within reasonable time frame and the schedule for Seller’s performance shall be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event. If acts or omissions of Buyer or its contractors or suppliers cause the delay, Seller shall also be entitled to an equitable price adjustment. Once the excusable event has ceased, Buyer shall be notified about this situation and all reasonable information about the impact and the response plan for a possible force majeure shall be provided. Upon acceptance of the plan, the schedule and price adjustments (if applicable), Seller shall resume the fulfilment of its obligations arising from the Agreement. The parties may contractually agree the reasonable time frame to terminate the Agreement, if the excusable event extends beyond it. Climatic events: Unusual climatic events means those events not foreseen by the National Weather Service for those areas where the on-site services will be carried out (including areas to pass through in order to reach the designated site). The climatic events include, but are not limited to, excessive rainfall, extreme temperatures, intense winds, thunderstorms, etc. If the climatic event is forecasted by the National Weather Service before mobilizing to the site and Buyer accepts to put the service on hold or postpone it to a later date, neither an additional charge to Buyer shall apply nor any penalty to Seller. If the climatic event occurs once the mobilization to the site has been initiated - whether or not it has been announced by the National Weathe...