Permissible Delay means Force Majeure delay to the extent it causes unavoidable and unforeseeable actual delay in delivery of the VESSEL and all other delay which, according to the terms of the Date: 13th November, 2013 Contract, permits an adjustment of the Contract Delivery Date and is to be distinguished from unauthorised delay on account of which the SELLER shall be liable in accordance with ARTICLE III Paragraph 1; “regulatory bodies” the relevant authorities imposing rules and regulations with which the construction and delivery of the VESSEL must comply, which shallinclude the authorities of the Flag State together with other authorities set out in the Specifications, as the case may be;
Permissible Delay means all delays inclusive of Force Majeure Delay, causing delay in the delivery of the Rig which according to the terms of the Contract permit postponement of the Delivery Date.
Permissible Delay all delays, inclusive of Force Majeure Delay, causing delay in delivery of the Vessel which according to the terms of the Contract permit postponement of the Delivery Date
Examples of Permissible Delay in a sentence
If a Permissible Delay occurs, then the Substantial Completion Date shall be extended for the period of time caused by such Permissible Delay.
If City and Program Manager agree that a Permissible Delay has occurred and the period of time that the Substantial Completion Date should be extended as a result of the Permissible Delay, the Substantial Completion Date shall be extended by change order.
In the event of a delay other than a Permissible Delay, the Parties acknowledge and agree that damages will be sustained by City.
If City and Program Manager cannot agree that a Permissible Delay has occurred and/or the period of time that the Substantial Completion Date should be extended as a result of the alleged Permissible Delay, the adjustment to the Substantial Completion Date, if any, shall, be determined in accordance with Section 19 below.
More Definitions of Permissible Delay
Permissible Delay means: any Delay from which DBCT Management is released from liability pursuant to clauses 3.6(k) or 10.3; or any Delay which is imposed by DBCT Management, acting reasonably: because it considers it necessary for the safety of any person or to prevent material damage to property (except where the threat to the person or property arises out of Wilful Default or reckless neglect on the part of DBCT Management); or to facilitate the performance of Maintenance Work (other than Maintenance Work to the extent it is necessitated by Wilful Default or reckless neglect on the part of DBCT Management) or of an Expansion in accordance with clause 10.2.
Permissible Delay means (a) delay allowed to Builder due to delay in the delivery to it of a Time Critical Item pursuant to Section 4(a) (provided that Builder exercised commercially reasonable efforts to secure timely delivery of such Time Critical Item), plus (b) delay allowed to Builder due to delay in the delivery to it of Time Critical Engineering pursuant to Section 4(c) (provided that Builder exercised commercially reasonable efforts to secure timely delivery of such Time Critical Engineering) plus (c) the duration of each delay by Owner in payment of any invoice amount due and payable pursuant to Section 10(a), plus (d) the period of actual, demonstrable delays in construction, trials, inspection, or delivery of the Vessel caused by: (i) neglect or default of Owner or Owner’s Representative; (ii) additional time allowed pursuant to Change Orders or, as contemplated in Section 6(c), for actual time lost due to summary arbitration concerning certain Change Orders; (iii) fire, drought, flood, earthquake, hurricane, tornado, tsunami or other Act of God; (iv) declared or undeclared war, riot, vandalism, sabotage, explosion or terrorist act; (v) labor unrest, lockouts or strikes involving Builder, suppliers or subcontractors; (vi) unforeseen shortage of materials or damage to or loss of any critical Vessel component while in transport; (vii) interruption or failure of normal transportation or of utilities to the Shipyard; (viii) any change in law, regulation or international convention, or in the regulations of an applicable classification society, that requires the alteration of the Vessel’s design or any rework, the preparation and submission of a Regulatory PCO, or which impedes Builder’s operations; (ix) failure of Owner to deliver Owner-Furnished Property other than Time Critical Items or Owner-furnished design or engineering other than Time Critical Engineering, when due; (x) any failure of Owner’s naval architect, Xxxxxx Naval Architects & Marine Engineers, to meet the delivery schedule for the Engineering Deliverables set forth in Exhibit 3 hereto, and (xi) occurrences or circumstances that are not within the reasonable control of Builder and cannot be avoided or overcome by commercially reasonable means.
Permissible Delay means a delay in the Delivery of the Vessel on account of causes which under the terms of this Contract permit postponement of the Contract Delivery Date which delay shall be documented by a Project Change Order countersigned by Owner;
Permissible Delay means any Owner Delay, Force Majeure Delay, any other delay for circumstances specified in this Agreement as providing for an extension of the Contract Time and/or an increase in the Guaranteed Maximum Price, and any other delay for causes which Owner and Contractor agree may justify delay.
Permissible Delay means any Owner Delay, Force Majeure Delay, any other delay for circumstances specified in this Agreement as providing for an extension of the
Permissible Delay means a delay in the performance of the Work that could not be avoided through the exercise of due diligence, due to causes including:
Permissible Delay means a delay that impacts the Schedule of Performance and that is caused by any of the following: (a) any failure by City to timely approve or disapprove any plans, applications or change orders, to inspect the construction within the time provided in Section 5.5 or to issue any permit for the development of the Project on the Project Site within the time allowed in the Schedule of Performance except to the extent that the delay is caused by the actions or inactions of Program Manager, its Construction Manager, Consultants or the Contractors; (b) any Off-Site Work designated in the Scope of Work as being the responsibility of City that is not completed within the time frame set forth in the Schedule of Performance; (c) Differing Site Conditions as described in Section 11 of this Agreement; (d) an act or omission of City, by any separate contractor or agent employed by City, or by changes to the Project ordered by the Designated City Representative; (e) severe adverse weather conditions that effect that the critical path in excess of those included in the Schedule of Performance and/or (f) force majeure causes that are beyond Program Manager’s control, and that are not reasonably foreseeable, that prevent or materially impair Program Manager from its performance of any terms, conditions, obligations or requirements of this Agreement including, but not limited to, earthquake, fire, flood, epidemic, blockade, rebellion, war, terrorism, riot, act of sabotage, or civil commotion; industry-wide labor strike which has a material adverse impact on the Project; discovery of any archaeological, paleontological or cultural resources; spill of hazardous substances by a third party at or near the Site which is required to be reported to the Federal or California Environmental Protection Agency, Toxic Substances Control; discovery at, near, or on the Site of any species listed as "threatened" or "endangered" under the Federal or California Endangered Species Act. A Permissible Delay shall also mean any delay that impacts a critical path item set forth in the Schedule of Performance that is authorized by the Designated City Representative pending settlement of a dispute.