Excusable StadCo Delay Clause Samples
The Excusable StadCo Delay clause defines circumstances under which delays caused by the stadium company (StadCo) are considered excusable and do not constitute a breach of contract. Typically, this clause outlines specific events or conditions—such as force majeure, regulatory holdups, or third-party actions—that, if they cause StadCo to miss deadlines, will not result in penalties or liability. Its core practical function is to allocate risk by protecting StadCo from being unfairly penalized for delays outside its reasonable control, thereby ensuring fairness and clarity in project timelines.
Excusable StadCo Delay. Regardless of the existence or absence of references to Force Majeure elsewhere in this Agreement, all deadlines and time periods within which StadCo must fulfill the obligations of StadCo in this Agreement shall each be adjusted as appropriate to include Force Majeure Delay Periods unless otherwise expressly provided in this Agreement; provided StadCo complies with the requirements of this Section 10.1. With respect to each occurrence of Force Majeure, StadCo shall, within fifteen (15) days after StadCo’s knowledge of the occurrence of an event StadCo reasonably believes to be a Force Majeure, which may be a claim from the Design-Builder, give Notice to the Authority Representative of the event constituting Force Majeure, ▇▇▇▇▇▇’s good faith estimate of the Force Majeure Delay Period resulting therefrom and the basis therefor, ▇▇▇▇▇▇’s good faith estimate of any adjustment resulting therefrom that is to be made to the Project Improvements Construction Schedule or other time for performance, as the case may be, together with reasonable documentation supporting the adjustments proposed. If the Authority Representative believes the documentation supplied is not sufficient to justify the delay claimed or adjustments proposed, the Authority Representative shall give Notice to StadCo of the claimed deficiency and StadCo shall have thirty (30) days to more fully document the delay and adjustments claimed. Only one (1) Notice from StadCo shall be required with respect to a continuing Force Majeure, except StadCo shall promptly (and in no event less often than every month) give Notice to the Authority Representative of any further changes in the Project Improvements Construction Schedule or the additional time for performance claimed by reason of the continuing delay.