Common use of Enforced Delay Clause in Contracts

Enforced Delay. Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are not, with respect to Ground Lessee, due to Ground Lessee’s failure to diligently prosecute the Improvements to completion, and with respect to the College, due to College’s failure to diligently perform its obligations hereunder, but are primarily due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; acts of the "public enemy"; epidemics; pandemics; quarantine restrictions; freight embargoes; governmental restrictions; refusal or delays by the regulatory agency with jurisdiction in the issuance of permits and approvals for or directly affecting the Project (except that to the extent that such refusal or delay results from acts or the failure to act of a Party, such refusal or delays shall not excuse performance of that Party), litigation directly related to the Project; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, consultant, or supplier; acts or failure to act of the other party; acts or the failure to act of a public or governmental agency or entity (except that acts or the failure to act of either party as a governmental agency shall not excuse performance by the party); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Enforced Delay of one Project Milestone shall entitle Ground Lessee additional time to complete all subsequent Project Milestones which are affected by the Enforced Delay. In the event of such a delay (herein “Enforced Delay”), the Party delayed shall continue to exercise reasonable diligence to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the Enforced Delay, and shall commence to run from the time of the discovery of the cause, provided notice by the party claiming such extension is sent to the other party within thirty (30) days of when the party providing the notice first discovered the cause.