Common use of Excusable Failure Clause in Contracts

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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

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 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 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 an alternate 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- 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 ▇▇▇▇▇▇▇ County reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schools▇▇▇▇▇▇▇ County, Huron Valley Schools ▇▇▇▇▇▇▇ County may: (a) procure the affected deliverable(s) from the contractor’s an alternate 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 ▇▇▇▇▇▇▇ County 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 ▇▇▇▇▇▇▇ County 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-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 an alternate 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- 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(sDeliverable(s) for more than 10 daysDays, and Huron Valley Schools the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe State, Huron Valley Schools the State may: (a) procure the affected deliverable(sDeliverable(s) from the contractor’s an alternate 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(sDeliverable(s) that are terminated. Huron Valley Schools The State must pay for all deliverable(sDeliverable(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 the State as a result of any Excusable Failure or to payments for deliverable(sDeliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- 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 ▇▇▇▇▇▇▇ County reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsJackson County, Huron Valley Schools ▇▇▇▇▇▇▇ County may: (a) procure the affected deliverable(s) from the contractor’s an alternate 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 ▇▇▇▇▇▇▇ County 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 ▇▇▇▇▇▇▇ County 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-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 Westwood reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsWestwood, Huron Valley Schools Westwood may: (a) procure the affected deliverable(s) from the contractor’s an alternate 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 Westwood 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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) may terminate any portion of the Contract so affected and equitably adjust charges payable to in accordance with 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 other applicable termination dateprovisions contained herein. 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

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 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- 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 an alternate 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-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(sDeliverable(s) for more than 10 daysDays, and Huron Valley Schools the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe State, Huron Valley Schools the State may: (a) procure the affected deliverable(sDeliverable(s) from the contractor’s an alternate 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(sDeliverable(s) that are terminated. Huron Valley Schools The State must pay for all deliverable(sDeliverable(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 the State as a result of any Excusable Failure or to payments for deliverable(sDeliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

Excusable Failure. 21.01 Neither party will shall be liable for any default, damage default or delay in the performance of its obligations that under the Contract if and to the extent such default or delay is caused by government regulations caused, directly or requirementsindirectly, power failureby: fire, electrical surges or current fluctuationsflood, warearthquake, forces elements 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, 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 a such party; , provided the non-performing party and any Subcontractors its subcontractors are without fault in causing the such default or delay, and the such default or delay could not have been prevented by reasonable precautions and cannot or reasonably be circumvented by the non-performing party through the use of contractor alternate sources, workaround plans, work around plans or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listedIn such event, the non- non-performing party will be excused from any further performance or observance of its the obligations so affected obligation(s) 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 circumstances prevail. The benefit of this Article, the non-performing party must promptly notify the other party immediately after in writing of the inception of the excusable failure occursoccurrence, and when it abates also of its abatement or endscessation. Both In the event of a dispute between the parties must use commercially with regard to what constitutes an excusable failure, the County's reasonable efforts to resume performance. determination is controlling. 21.02 If any of the reasons listed above enumerated circumstances substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) Services necessary for the performance of the County's functions for more than 10 fourteen (14) consecutive days, and Huron Valley Schools reasonably the County determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe County, Huron Valley Schools mayin its reasonable discretion and at the County's option: (a) the County may procure the affected deliverable(s) Services from the contractor’s an alternate source without liability for payment so long as the delay in performance continuesshall continue; or in such case, the County shall not be liable to the Contractor for payments for Services provided by others; (b) terminate the County may cancel any portion portions of the Contract so affected and equitably adjust the charges payable thereunder shall be equitably adjusted to reflect those Services canceled; or (c) the Contract will be canceled without liability of the County to the Contractor as of the date specified by the County in a written notice of cancellation 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 dateContractor. The Contractor will not have the right to any additional payments from Huron Valley Schools the County as a result of any Excusable Failure excusable failure occurrence or to payments for deliverable(s) Services not provided rendered as a result of the Excusable Failureexcusable failure condition. The Contractor will County also shall not be relieved liable to the Contractor for loss of a default anticipated profit, unabsorbed overhead, interest on claims, unamortized depreciation costs, and general and administrative burden if the termination is the result of an excusable failure occurrence. 21.03 Defaults or delay delays in performance by the Contractor which are caused by acts or omissions of its Subcontractors subcontractors will not relieve the Contractor of its obligations under the Contract except to the extent that a Subcontractor experiences an Excusable Failure subcontractor is itself subject to any excusable failure condition described above and the Contractor cannot reasonably circumvent the effect of the Subcontractorsubcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, work around plans or other means, including disaster recovery plans.

Excusable Failure. 19.01 Neither party will shall be liable for any default, damage default or delay in the performance of its obligations that under this Agreement if and to the extent such default or delay is caused by government regulations caused, directly or requirementsindirectly, power failureby: fire, electrical surges or current fluctuationsflood, warearthquake, forces elements 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, rebellions or revolutions in any country; the failure of the other party to perform its material responsibilities under this Agreement (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 a such party; , provided the non-performing non‑performing party and any Subcontractors its subcontractors are without fault in causing the such default or delay, and the such default or delay could not have been prevented by reasonable precautions and cannot or reasonably be circumvented by the non-performing non‑performing party through the use of contractor alternate sources, workaround plans, work around plans or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listedIn such event, the non- performing non‑performing party will be excused from any further performance or observance of its the obligations so affected obligation(s) 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 circumstances prevail. The non-performing benefit of this Article, the non‑performing party must promptly notify the other party immediately after in writing of the inception of the excusable failure occursoccurrence, and when it abates also of its abatement or endscessation. Both In the event of a dispute between the parties must use commercially with regard to what constitutes an excusable failure, the AIRPORT AUTHORITY's reasonable efforts to resume performance. determination is controlling. 19.02 If any of the reasons listed above enumerated circumstances substantially prevent, hinder, or delay the Contractor's performance of the deliverable(s) Services necessary for the performance of the AIRPORT AUTHORITY's functions for more than 10 fourteen (14) consecutive days, and Huron Valley Schools reasonably the AIRPORT AUTHORITY determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe AIRPORT AUTHORITY, Huron Valley Schools mayin its reasonable discretion and at the AIRPORT AUTHORITY's option: (a) the AIRPORT AUTHORITY may procure the affected deliverable(s) Services from the contractor’s an alternate source without liability for payment so long as the delay in performance continuesshall continue; in such case, the AIRPORT AUTHORITY shall not be liable to the CONTRACTOR for payments for Services provided by others; (b) the AIRPORT AUTHORITY may cancel any portions of this Agreement so affected and the charges payable thereunder shall be equitably adjusted to reflect those Services canceled; or (bc) terminate any portion this Agreement will be canceled without liability of the Contract so affected and equitably adjust charges payable AIRPORT AUTHORITY to the Contractor CONTRACTOR as of the date specified by the AIRPORT AUTHORITY in a written notice of cancellation 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 dateCONTRACTOR. The Contractor CONTRACTOR will not have the right to any additional payments from Huron Valley Schools the AIRPORT AUTHORITY as a result of any Excusable Failure excusable failure occurrence or to payments for deliverable(s) Services not provided rendered as a result of the Excusable Failureexcusable failure condition. The Contractor will AIRPORT AUTHORITY also shall not be relieved liable to the CONTRACTOR for loss of a default anticipated profit, unabsorbed overhead, interest on claims, unamortized depreciation costs, and general and administrative burden if the termination is the result of an excusable failure occurrence. 19.03 Defaults or delay delays in performance by the CONTRACTOR which are caused by acts or omissions of its Subcontractors subcontractors will not relieve the CONTRACTOR of its obligations under this Agreement except to the extent that a Subcontractor experiences an Excusable Failure subcontractor is itself subject to any excusable failure condition described above and the Contractor CONTRACTOR cannot reasonably circumvent the effect of the Subcontractorsubcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, work around plans or other means, including disaster recovery plans.

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 45 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

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-non- performing party through the use of contractor 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 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 an alternate 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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 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(sDeliverable(s) for more than 10 daysDays, and Huron Valley Schools the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley Schoolsthe State, Huron Valley Schools the State may: : (a) procure the affected deliverable(sDeliverable(s) from the contractor’s an alternate 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(sDeliverable(s) that are terminated. Huron Valley Schools The State must pay for all deliverable(sDeliverable(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 the State as a result of any Excusable Failure or to payments for deliverable(sDeliverable(s) not provided as a result of the Excusable Failure. The Contractor will not be relieved of a default or delay caused by acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.

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. Huron Valley Schools would be responsible for any cancellation or restocking fees. 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

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 School District reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Huron Valley SchoolsSchool District, Huron Valley Schools School District 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 School District 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 School District 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s sources, workaround plans, or other means, including disaster recovery plans.

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 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- non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-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) ▇▇▇▇▇ ▇▇▇▇ may terminate any portion of the Contract so affected and equitably adjust charges payable to in accordance with 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 other applicable termination dateprovisions contained herein. 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 acts or omissions of its Subcontractors except to the extent that a Subcontractor experiences an Excusable Failure and the Contractor cannot reasonably circumvent the effect of the Subcontractor's default or delay in performance through the use of the contractor’s alternate sources, workaround plans, or other means, including disaster recovery plans.