Excused Delay definition

Excused Delay means any possible extension in project implementation schedule due to any delay, intentional or unintentional, caused by USF, Force Majeure or other relevant public authorities, under the Contract. An extension in the overall implementation schedule shall be granted accordingly and the duration of such extension shall be at the discretion of USF.

Excused Delay means the failure of Seller to achieve Commercial Operation on or before the Scheduled Commercial Operation Date, but only to the extent such failure is caused by an event of Force Majeure or an Event of Default by PacifiCorp, a default by PacifiCorp under the Generation Interconnection Agreement or related interconnection study agreement(s) for Seller’s Facility, including a default resulting from any breach by PacifiCorp of any obligation to meet a material deadline included in such agreement(s), or PacifiCorp’s violation of applicable tariff provisions governing the interconnection of Seller’s Facility; provided that the duration of any Excused Delay shall not extend to any period of delay that could have been prevented had Seller taken mitigating actions using commercially reasonable efforts.

Excused Delay means a delay directly caused by and attributable to Force Majeure;

Examples of Excused Delay in a sentence

• To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.

• Promptly following the occurrence of any Excused Delay and Seller’s knowledge thereof, Seller shall give notice thereof to Buyer and be entitled to an extension to each Milestone Date as set forth in this paragraph.

• To the extent an Excused Delay set forth in clause (a), (b) or (c) of the definition thereof occurs and lasts for more than three hundred sixty-five (365) days, either Party shall be entitled to terminate this Agreement and Buyer shall return any Development Security to Seller promptly following such termination; provided that if such termination occurs after the date the Ute Mountain Ute Lease Approvals are obtained, Seller shall not be entitled to a return of its Development Security.

• Upon the request of Seller, and provided that the existence or duration of any Excused Delay is not the subject of a good faith dispute between the Parties and no Seller Event of Default has occurred and is continuing, Utility agrees to provide reasonable assurances to Seller’s Lenders and other financial institutions that the Scheduled Commercial Operation Date has been extended under this Section 2.7.

• If Seller fails to achieve Commercial Operation on or before the Scheduled Commercial Operation Date due to an Excused Delay, the Scheduled Commercial Operation Date shall be deemed extended on a day-for-day basis to match the duration of such Excused Delay.

More Definitions of Excused Delay

Excused Delay means a delay or suspension of the construction of the Supply Chain Facility caused by (i) an act or omission of NYSERDA including, without limitation, a failure to respond or comply with any time period(s) required of such party to a written request for consent or approval; (ii) a Change in Law that results in a delay or suspension of construction of the Supply Chain Facility, if such delay or suspension cannot be overcome or avoided through commercially reasonable efforts of Grant Recipient; or (iii) actions taken by a permitting authority that affect the Supply Chain Facility but also apply to the Supply Chain Facility Activity industry as a whole.

Excused Delay means (a) any Force Majeure, (b) any delay by the Interconnecting Utility or any other party (other than Seller) under the Interconnection Agreement or any delay in completion of any network upgrades, transmission facilities or other equipment or arrangements required for the interconnection of the Project, (c) any delay not caused by Seller in obtaining final, non-appealable Ute Mountain Ute Lease Approvals on or before December 31, 2024 in a form reasonably satisfactory to Seller, or (d) any breach by Buyer of this Agreement.

Excused Delay. Notwithstanding anything to the contrary contained herein, if the Yard’s performance of any term or obligation is impacted by an “Excused Delay”, the Yard may extend the time for performance of its term or obligation and the Yard shall be entitled to perform such term or obligation within an appropriate time period after the expiration of the period of such delay. As used herein, an “Excused Delay” means a delay directly or indirectly caused by an Act of God, declared state of emergency or public health emergency, pandemic (specifically including COVID-19), government mandated quarantine, war, acts of terrorism, and/or order of government or civil or military authorities, fire, flood, earthquake or similar natural disasters, extreme weather events, riot, terrorism, civil strife, labor disputes or disturbances or other extraordinary events outside the control of the Yard.

Excused Delay means any failure by VTX to install any Ethernet Service attributable to a Force Majeure Event or Scheduled Maintenance.

Excused Delay means the failure of Seller to achieve Commercial Operation on or before the Scheduled Commercial Operation Date, but only to the extent such failure is caused by an event of Force Majeure or an Event of Default by Utility, including a default by Utility under the Generation Interconnection Agreement or related interconnection study agreement(s) for Seller’s Facility, including a default resulting from any breach by Utility of any obligation to meet a material deadline included in such agreement(s), or Utility’s violation of applicable tariff provisions governing the interconnection of Seller’s Facility; provided that the duration of any Excused Delay shall not extend to any period of delay that could have been prevented had Seller taken mitigating actions using commercially reasonable efforts.

Excused Delay means, individually or collectively, any (a) Buyer and Buyer’s Customer Delay, or (b) any delay in performance or completion of the goods or services to the extent (i) attributable to Force Majeure or (ii) addressed and resolved in a Change Order extending the Scheduled Delivery Date of the contract. However, Buyer has the right, at any time, to change the place and/or time of delivery. Any claim by Seller for adjustment because of a change in place and/or time of delivery will be deemed waived unless asserted in writing within 10 days after receipt by Seller of the request for change.

Excused Delay means any actual delay in delivery of the Premises to Tenant caused by: (i) changes to the scope of the work requested by Tenant; (ii) any negligent act or willful misconduct or willful failure to act by Tenant or any of the Tenant Parties; (iii) Tenant's failure to furnish information or to respond to any request by Landlord for any approval of information within five (5) days of such request; (iv) Tenant's failure to approve the final drawings of the Improvements within ten (10) business days of the date hereof; (v) any breach by Tenant of its obligations under this Lease; (vi) any request by Tenant that Landlord delay the completion of any of the Improvements; or (vii) Force Majeure (as hereinafter defined).