Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of contractor sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) for more than 10 days, and Huron Valley Schools reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schools, Huron Valley Schools may: (a) procure the affected deliverable(s) from the contractor’s source without liability for payment so long as the delay in performance continues; or (b) terminate any portion of the Contract so affected and equitably adjust charges payable to the Contractor to reflect those deliverable(s) that are terminated. Huron Valley Schools must pay for all deliverable(s) for which Final Acceptance has been granted before the termination date. The Contractor will not have the right to any additional payments from Huron Valley Schools as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by a...
Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-‐performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-‐ performing party through the use of alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non-‐performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-‐ performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the Deliverable(s) for more than 10 Days, and Xxxxx X.X.X.X. reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Xxxxx X.X.X.X., Xxxxx
Excusable Failure. Neither party will be liable for any default or delay in the performance of its obligations under this Contract to the extent such default or delay is caused by fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in the United States; injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused); or any other cause beyond the reasonable control of such party (Force Majeure Events); provided the non- performing party and its Subcontractors are without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of alternate sources, workaround plans or other means, including disaster recovery plans and business continuity. Performance times shall be considered extended for a period of time equivalent to the time lost because of any such delay, provided that in the event the Contractor is delayed in its performance by reason of such cause, no such extension shall be made unless notice thereof is presented by the Contractor to Office in writing within twenty-four (24) hours after the start of the occurrence of such delay giving the reason for such delay. No payment shall be made by Office for any fees or expenses incurred by the Contractor by reason of such delay. The Contractor shall use best efforts to perform its obligations during such period of delay, and notify the Office of its abatement or cessation.
Excusable Failure. 21.01 Neither party shall be liable for any default or delay in the performance of its obligations under the Contract if and to the extent such default or delay is caused, directly or indirectly, by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; the failure of the other party to perform its material responsibilities under the Contract (either itself or through another party); injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused); or any other cause beyond the reasonable control of such party, provided the non-performing party and its subcontractors are without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions or reasonably circumvented by the non-performing party through the use of alternate sources, work around plans or other means, including disaster recovery plans. In such event, the non-performing party will be excused from any further performance or observance of the obligations so affected for as long as (1) such circumstances prevail and (2) such party continues to use its best efforts to complete its contract obligations whenever and to whatever extent possible without delay. To obtain the benefit of this Article, the non-performing party must promptly notify the other party in writing of the inception of the excusable failure occurrence, and also of its abatement or cessation. In the event of a dispute between the parties with regard to what constitutes an excusable failure, the County's reasonable determination is controlling.
