Excusable Delay. The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Excusable Delay. The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:
Excusable Delay. (a) SELLER shall be excused from, and shall not be liable for, failure of performance to the extent due to causes beyond SELLER's control and without SELLER's fault or negligence, including, but not limited to, acts of God or public enemy, acts of Government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, unusually severe weather and delays of common carriers.
Excusable Delay. 9.1 If either party is unable to perform any of its obligations hereunder due to Force Majeure, the failure to perform by such party shall not constitute a basis for termination or default under this Agreement provided that notice thereof is given to the other party within seven (7) days after the party becomes aware of such event. OTG shall not be required to make any payment to the Consultant pursuant to Article 7 during the period of the Consultant's inability, as a result of an event of Force Majeure, to provide the Services and Facilities.
Excusable Delay. Notwithstanding anything to the contrary herein contained, if the performance of this Agreement by any party or the obligation of any party hereunder is prevented, restricted or interfered with by reason of : i) fire, explosion, strike, lockout, labor dispute, casualty or accident, epidemic, cyclone, drought, flood or ii) war, revolution, riot, civil commotion, acts of public enemies, blockage or embargo, or iii) any law or proclamation, regulation, ordinance, demand or requirement of any applicable government or any subdivision thereof or representative of any such government, or iv) any other acts whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of a party hereto, then, and in that event, the party so affected shall promptly notify the other party of all reasonable resulting difficulties. Upon such notice, the disabled party shall, for the duration of its disability (referred to as "Excusable Delay" in this Agreement), be excused from the performance of such of its obligations as are prevented, restricted, or interfered with by reason of the occurrence of any of the events above enumerated and such party shall not be deemed to be in default under this Agreement nor be subject to any liability or damage. The time period during which any party is to perform under this Agreement shall be extended by the period of any Excusable Delay. Excusable Delay under the same terms occurring in respect to the Seller's sub-contractors shall be deemed to be Excusable Delay occurring to the Seller. If the Seller is prevented from proceeding according to any of the schedules set out in this Agreement by the Buyer's fault, by a delay on the part of the Buyer, or by a regulatory body with jurisdiction over the Buyer's site, or if the Buyer delays a payment or the issuance of a Letter of Credit pursuant to Section 3 by more than fifteen (15) days past the due date, then all the dates contained in this Agreement for completion by the Seller of its obligations and rights, including but not limited to the right to exercise the accelerated delivery and acceptance option, shall be postponed by an additional period equal to the delay.
Excusable Delay. 10.1 The Buyer acknowledges that the Aircraft are to be manufactured by Seller in performance of this Agreement and that the Scheduled Delivery Months are based on the assumption that there shall be no delay due to causes beyond the control of the Seller. Accordingly, Seller shall not be responsible for any delay in the Delivery of the Aircraft or delay or interruption in the performance of the other obligations of the Seller hereunder due to causes beyond its control, and not occasioned by its fault or negligence including (but without limitation) acts of God or the public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, explosions, natural disasters, compliance with any applicable foreign or domestic governmental regulation or order, labour disputes causing cessation, slowdown or interruption of work, inability after due and timely diligence to procure materials, equipment or parts, general hindrance in transportation or failure of a sub-contractor or supplier to furnish materials, equipment or parts, any delay caused directly or indirectly by the action or inaction of the Buyer; and any delay in delivery or otherwise in the performance of this Agreement by the Seller due in whole or in part to any delay in or failure of the delivery of, or any other event or circumstance relating to, the Propulsion Systems or Buyer Furnished Equipment. Any delay or interruption resulting from any of the foregoing causes is referred to as an “Excusable Delay”.
Excusable Delay. Contractor is entitled to an equitable adjustment of the Contract Time, issued via change order, for delays caused by the following:
Excusable Delay. Contractor shall be excused any delay in completion of the Work arising from a cause beyond its control which it could not with the exercise of due diligence have either foreseen or avoided, including act of governmental authority, act of God, extraordinary weather conditions, flood, accident such as fire or explosion not due to the negligence of Contractor, strike which is not the result of an unfair labor practice or other unlawful activity by Contractor, riot, failure of public transportation facilities, inability of Con Edison to provide access due to plant malfunctions, and inability to perform caused solely by Con Xxxxxx's act or failure to act in breach of an express obligation under the Contract. Delay in Contractor's receipt of subcontracted supplies or services for reasons beyond the control of the Subcontractor shall not be excusable delay hereunder to the extent that the supplies or services are available to Contractor from another source. The unavailability of sufficient, qualified labor to perform the Work shall not be excusable delay hereunder unless the unavailability is caused by a strike which is not the result of an unfair labor practice or other unlawful activity by Contractor. Contractor shall give written notice and full particulars of the cause of any delay within 48 hours after its occurrence and thereafter shall update Con Edison on a bi-weekly basis. The time for performance in any such instance shall be extended by a period equal to the time lost by reason of the excusable delay. Such extension shall be Contractor's sole and exclusive remedy for such delay and Con Edison shall not be liable for any damages or additional costs incurred as a result of such delay.
Excusable Delay. In the event of a delay caused by inclement weather, fire, flood, strike or other labor dispute, acts of God, acts of Governmental officials or agencies, or any other cause beyond the control of UCSD, UCSD's performance is excused hereunder for the periods of time attributable to such a delay, which may extend beyond the time lost due to one or more of the causes mentioned above. The Company's duty to pay for past or continuing costs is not suspended hereunder.
Excusable Delay. Neither party will be liable for any failure of or delay in performance of its obligations under this Agreement (other than failure to pay money when due) to the extent such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of God, acts of a public enemy, fires, wars, terrorist acts, civil disturbances, sabotage, accidents, pandemics, insurrections, blockades, embargoes, explosions, labor disputes, acts of any governmental body, failure or delay of third parties (including subcontractors) or governmental bodies from whom a party must obtain approvals, franchises, or permits, equipment failure or breakdown, or inability to obtain labor, materials, equipment or transportation, power shortage or blackouts (the foregoing collectively called “Excusable Delay”). Each party will use its best efforts to minimize the duration and consequences of any failure of or delay in performance resulting from an Excusable Delay.