Delay Not Caused by Parties Clause Samples
The "Delay Not Caused by Parties" clause defines how delays in the performance of contractual obligations are handled when such delays are not attributable to either party involved in the agreement. Typically, this clause outlines that if a delay arises due to external factors beyond the control of both parties—such as natural disasters, government actions, or other unforeseen events—neither party will be held liable for the resulting failure to meet deadlines. Its core practical function is to allocate risk fairly by protecting both parties from penalties or breach claims when delays are caused by circumstances outside their control, thereby ensuring the contract remains equitable in the face of uncontrollable events.
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Delay Not Caused by Parties. Neither the Landlord nor Tenant shall be considered to be in default of the provisions of this Work Letter for delays in performance to the extent due to events of Force Majeure; provided, however, in no event will financial inability be considered to be an event of Force Majeure. Without limitation, an event of Force Majeure exists as of the date of this Amendment as a result of the current COVID-19 pandemic (collectively, “COVID-19 Force Majeure”), including, without limitation, federal, state and local declared states of emergency and government mandated closures of businesses and construction activities, quarantines, travel bans, and supply chain interruptions, and the obligations of Landlord under this Work Letter, including, without limitation, with respect to the performance and completion of the Landlord’s First Floor Expansion Premises TI Work, shall be subject to extension on account of delays arising out of or resulting from COVID-19 Force Majeure.
Delay Not Caused by Parties. Neither the Landlord nor Tenant shall be considered to be in default of the provisions of this Tenant Work Letter for delays in performance due to Force Majeure.
Delay Not Caused by Parties. Neither the Landlord nor Tenant shall be considered to be in default of the provisions of this Work Letter for delays in performance to the extent due to events of force majeure; provided, however, in no event will financial inability be considered to be an event of force majeure.