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

For the avoidance of doubt, Symbotic shall not be obligated to incur any incremental costs to respond to an Excused Delay if Walmart has not authorized such costs.
If Walmart fails to pay any portion of the Charges that are not disputed by Walmart under Section 6.3 (Payment Disputes), when due and payable, then in addition to any other rights Symbotic may have under this Agreement, in such event and after giving ten (10) days’ written notice to Walmart, Symbotic may cease further deliveries of Equipment for pending Project SOWs and further installation of such Equipment, and any resulting delay caused thereby shall be deemed an Excused Delay.
To the extent Walmart directs any Symbotic Personnel to cease use of any Walmart System other than where such direction results from such Symbotic Personnel’s breach of Walmart’s policies and procedures or the terms of this Agreement, any delay or performance by Symbotic as a direct result thereof shall be deemed an Excused Delay.
Any Symbotic delay, failure or breach in performance of its responsibilities under this Agreement resulting from a failure of Walmart to approve any such Change Order in a commercially reasonable time shall be deemed an Excused Delay.
Walmart shall reimburse Symbotic to the extent it incurs any reasonable incremental costs as a result of such Excused Delay, provided that such costs have been agreed to in a Change Order.

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 has the meaning set forth in Section 3.1.

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. 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, 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.