Common use of Enforced Delay Clause in Contracts

Enforced Delay. Whether stated or not, all periods of time in this Level B.I Agreement are subject to this Section. Neither Owner nor the County, as the case may be, shall be considered to have caused a default in the event such Party’s delay in the performance of a non-monetary obligation under this Level B.I Agreement is due to causes beyond its control and without its fault, negligence or failure to comply with applicable laws including, but not restricted to, (i) acts of God, acts of the Federal or State government, acts of a third party, litigation or other action authorized by law concerning the validity and enforceability of this Level B.I Agreement or relating to transactions contemplated hereby, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, act of a public enemy, war, terrorism or act of terror, nuclear radiation, declaration of national emergency or national alert, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain by any governmental body on behalf of any public, quasi-public, or private entity, or declaration of moratorium or similar hiatus directly affecting the Property by any governmental entity (other than the County); (ii) the order, judgment, action, or determination of any court, administrative agency, governmental authority or other governmental body (collectively, an “Order”) which delays the completion of the work or other non-monetary obligation of the Party claiming the delay, unless it is shown that such Order is the result of the failure to comply with applicable laws by the Party claiming the delay; provided, however, that the contesting in good faith of any such Order shall not constitute or be construed or deemed as a waiver by a Party of Enforced Delay; and (iii) unreasonable delay in processing or unreasonable denial of any application, permit, license, request for approval, plan, plat or other submittal made by Owner to any governmental agency other than the County (an “Enforced Delay”).

Enforced Delay. Whether stated or not, all periods of time in this Level B.I 17 Agreement are subject to this Section. Neither Owner nor the County, as the case may be, shall 18 be considered to have caused a default in the event such Party’s delay in the performance of a 19 non-monetary obligation under this Level B.I Agreement is due to causes beyond its control and without its 20 fault, negligence or failure to comply with applicable laws including, but not restricted to, (i) acts 21 of God, acts of the Federal or State state government, acts of a third party, litigation or other action 22 authorized by law concerning the validity and enforceability of this Level B.I Agreement or relating to 23 transactions contemplated hereby, fires, floods, epidemics, quarantine, restrictions, strikes, 24 embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or 25 materialmen due to such causes, act of a public enemy, war, terrorism or act of terror, nuclear 26 radiation, declaration of national emergency or national alert, blockade, insurrection, riot, labor 27 strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of 28 eminent domain by any governmental body on behalf of any public, quasi-public, or private 29 entity, or declaration of moratorium or similar hiatus directly affecting the Property by any 30 governmental entity (other than the County)entity; (ii) the order, judgment, action, or determination of any court, 31 administrative agency, governmental authority or other governmental body (collectively, an 32 “Order”) which delays the completion of the work or other non-monetary obligation of the Party 33 claiming the delay, unless it is shown that such Order is the result of the failure to comply with applicable laws 34 Applicable Laws by the Party claiming the delay; provided, however, that the contesting in good 35 faith of any such Order shall not constitute or be construed or deemed as a waiver by a Party of 36 Enforced Delay; and (iii) unreasonable delay in processing or unreasonable denial of any 37 application, permit, license, request for approval, plan, plat or other submittal made by Owner to 38 any governmental agency other than the County (an “Enforced Delay”).. 39