Excusable Delay Defined Clause Samples
The 'Excusable Delay Defined' clause establishes what types of delays are considered justifiable and not the fault of either party under a contract. It typically outlines specific events or circumstances—such as natural disasters, government actions, or labor strikes—that, if they occur, will not result in penalties or breach of contract for delayed performance. By clearly defining which delays are excusable, this clause helps allocate risk fairly and prevents disputes over responsibility for unforeseen interruptions.
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Excusable Delay Defined. (a) With respect to Contractor’s performance of its obligations under this Agreement, an “Excusable Delay” shall be any delay in the performance of the Work due to: war, outbreak of national hostilities, invasion or sabotage, Government sovereign acts; fire, earthquake, flood, epidemic, explosion, or quarantine restriction; strike or work slow down not reasonably within Contractor’s control; freight embargoes; acts of God; any subcontractor delay due to any of the foregoing events; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the occurrence of such an event. Notwithstanding the foregoing, failure by Contractor to provide such notice shall not prevent such an event from qualifying as an Excusable Delay provided Customer’s Program Manager has actual notice of such event by means of publicly and commonly available sources (i.e. national or global coverage of major natural disaster) prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, as required by the preceding provisions, shall include a detailed description of the portion of the Work known to be affected by such delay. In all cases, Contractor shall use reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a delay in performance of the Work. Contractor shall also provide Customer prompt written notice when the event constituting an Excusable Delay appears to have ended. This Article 9, including reliance on Excusable Delay, is only applicable to Contractor. Delays applicable to Customer are set forth in Article 11.5. (b) In the event Customer disputes the Excusable Delay, Customer shall inform Contractor in writing within ten (10) Business Days from the date of receipt of written notice of the event constituting an Excusable Delay and, if the Parties have not resolved the dispute within ten (10) Business Days of Contractor’s receipt of written notice from Customer, the dispute shall be resolved pursuant to Article 21.
Excusable Delay Defined. The term “Excusable Delay” shall mean a delay in performance or failure to perform which is due to an event beyond the reasonable control of a Party and shall include, without limitation, (a) acts of God, weather conditions, explosion, flood, earthquake, or fire; (b) war or threat of war, sabotaging, riot, revolution, civil disturbance or requisition; (c) acts, restrictions, regulations, prohibitions or measures of any kind on the part of any governmental authority; (d) import and export regulations or embargoes; or (e) strikes, lockouts, or other industrial actions or trade disputes.
Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including (i) war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-down (other than by the employees of Contractor or any Subcontractor at any Site) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), where such Owner failure inhibits, delays, or otherwise adversely affects Contractor's ability to perform the Work in accordance with the Initial City Schedule and/or Acceptance Date; provided, however, that no delay shall be an Excusable Delay unless such delay could not have been either (x) avoided by Contractor, its Subcontractors or their respective Affiliates through the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractor, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) of the Work known to be affected by such event constituting an Excusable Delay. Upon Owner's written request, Contractor shall provide Owner a Correction Plan. Contractor shall also provide Owner prompt written notice when the event constituting an Excusable Delay has ended.
(b) In the event Owner disputes any Excusable Delay asserted by Contractor, Owner shall notify Contractor in writing within ten (10) Business Days from the date of rec...
Excusable Delay Defined. The term "Excusable Delay" shall mean a delay in performance or failure to perform which is due to an event beyond the reasonable control of a party and shall include, without limitation, (a) acts of God, weather conditions, explosion, flood,
Excusable Delay Defined. 48 11.2 EQUITABLE ADJUSTMENTS................................................................................48 11.3 MAXIMUM EXCUSABLE DELAY; TERMINATION.................................................................49 12. IN-ORBIT PERFORMANCE INCENTIVE PAYMENTS....................................................................50