Common use of Delays and Extensions of Time Force Majeure Clause in Contracts

Delays and Extensions of Time Force Majeure. 1. CAUSES OF DELAY If, at any time after signing this CONTRACT, either the construction or delivery of the VESSEL or any performance required hereunder as a prerequisite to the delivery thereof is delayed by any of the following events: namely war, acts of state or government, blockade, revolution, insurrections, mobilization, civil commotion, riots, strikes, sabotage, lockouts, Acts of God or the public enemy, plague or other epidemics, quarantines, shortage or prolonged failure of electric current, freight embargoes, or defects in major forgings or castings, delays or defects in the BUYER’s supplies as stipulated in Article XII, if any, or shortage of materials, machinery or equipment or inability to obtain delivery or delays in delivery of materials, machinery or equipment, provided that at the time of ordering the same could reasonably be expected by the BUILDER to be delivered in time or defects in materials, machinery or equipment which could not have been detected by the BUILDER using reasonable care or earthquakes, tidal waves, typhoons, hurricanes, prolonged or unusually severe weather conditions or destruction of the premises or works of the BUILDER or its sub-contractors, or of the VESSEL, or any part thereof, by fire, landslides, flood, lightning, explosion, or delays in the BUILDER’s other commitments resulting from any such causes as described in this Article which in turn directly delay the construction of the VESSEL or the BUILDER’s performance under the CONTRACT (the BUILDER treating this CONTRACT not less favorably than other commitments), or delays caused by the CLASSIFICATION SOCIETY or the BUYER’s faulty action or omission, or other causes beyond the control of the BUILDER, or its sub-contractors, as the case may be, then in the event of delays due to the happening of any of the aforementioned contingencies, the DELIVERY DATE of the VESSEL under this CONTRACT shall be extended for a period of time which shall not exceed the total accumulated time of all such delays provided however that:

Appears in 6 contracts

Samples: Gener8 Maritime, Inc., Gener8 Maritime, Inc., Gener8 Maritime, Inc.

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Delays and Extensions of Time Force Majeure. 1. CAUSES OF DELAY (FORCE MAJEURE) If, at any time after signing this CONTRACT, either the construction or delivery of the VESSEL or any performance required hereunder as a prerequisite to the delivery thereof is delayed by any of the following events: namely war, acts of state or government, blockade, revolution, insurrections, mobilizationmobilisation, civil commotion, riots, strikes, lockout, or industrial unrest, sabotage, lockouts, Acts acts of God god or the public enemy, plague or other epidemicsepidemics [***], quarantines, shortage or prolonged failure of electric current, freight embargoes, or defects in major forgings or castings, delays or defects in the BUYER’s supplies 's SUPPLIES as stipulated in Article XIIXIII, if any, or shortage of materials, machinery or equipment or inability to obtain delivery or delays in delivery of materials, machinery or equipment, provided that at the time of ordering the same could reasonably be expected by the BUILDER to be delivered in time or defects in materials, machinery or equipment which could not have been detected by the BUILDER using reasonable care or earthquakes, tidal waves, typhoons, hurricanes, prolonged or unusually severe (by reference to what can reasonably be anticipated at the BUILDER's premises at the time of year of such occurrence) weather conditions or destruction of the premises or works of the BUILDER or its sub-contractorssubcontractors, or of the VESSEL, or any part thereof, by fire, landslides, flood, lightning, explosionexplosion (and in each case without the default or negligence of the BUILDER and its subcontractors), or delays in the BUILDER’s 's other commitments resulting from any such causes as described in this Article which in turn directly delay the construction of the VESSEL or the BUILDER’s 's performance under the CONTRACT (the BUILDER treating this CONTRACT not less favorably than other commitments)CONTRACT, or delays caused by the CLASSIFICATION SOCIETY or the BUYER’s faulty action 's breach of this CONTRACT or omissionother act of prevention not expressly provided for in this CONTRACT, or other causes beyond the control of the BUILDER, or its sub-contractorssubcontractors, as the case may be, then then, in the event of delays due to the happening of any of the aforementioned contingencies, (each a "Force Majeure Event") the DELIVERY DATE of the VESSEL under this CONTRACT shall be extended for a period of time by which completion or delivery of the VESSEL is thereby delayed which shall not exceed the total accumulated time of all such delays provided however thatdelays, Subject however, to the following conditions:

Appears in 1 contract

Samples: Shipbuilding Contract (Excelerate Energy, Inc.)

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