Excusable City Delay Clause Samples

Excusable City Delay. Regardless of the existence or absence of references to Excusable City Delay elsewhere in this Agreement, any deadline or time period within which City must fulfill the obligations of City in this Agreement shall each be adjusted as appropriate to include that number of days of delay in the performance by City of its Obligations hereunder actually resulting from such Excusable City Delay; provided that (i) the obligation to pay amounts when due pursuant to the terms of this Agreement is not subject to adjustment or extension due to Excusable City Delay unless otherwise expressly provided herein to the contrary and (ii) the City complies with the requirements of this Article XX. With respect to each occurrence of Excusable City Delay, City Representative shall, within fifteen (15) Business Days after City’s knowledge of the occurrence of such event of Excusable City Delay, give notice to Tenant of the event constituting Excusable City Delay, City Representative’s good faith estimate of the Excusable City delay period resulting therefrom and the basis therefor, City representative’s good faith estimate of any adjustment resulting therefrom that is to be made in time for performance, together with reasonable documentation supporting the adjustments proposed. If Tenant believes that the documentation supplied is not sufficient to justify the delay claimed or adjustment proposed, Tenant shall give notice to City Representative of the claimed deficiency and City Representative shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) notice from City Representative shall be required with respect to a continuing Excusable City Delay, except that City representative shall promptly (and in no event less often than every thirty (30) days) give notice to City Representative of any further changes in the additional time for performance claimed by reason of the continuing delay. Tenant’s Representative shall have the right to challenge City’s assertion of the occurrence of an Excusable City Delay, or City Representative’s good faith estimate of the Excusable City Delay Period, or changes in the additional time for performance claimed by reason of Excusable City Delay if Tenant gives notice to City Representative within thirty (30) days after receipt by Tenant of such claim of Excusable City Delay or notice from City Representative of further changes to such dates as a result of such Excusable City Delay, as the case m...