Common use of Excuse for Nonperformance or Delayed Performance Clause in Contracts

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor Contractor/Vendor has notified the DMH Executive Director Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and “Termination,” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract Contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “Termination for Convenience. (As used in this paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans a subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorssubCONTRACTORs, Contractor CONTRACTOR shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor CONTRACTOR to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor CONTRACTOR has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor subCONTRACTOR to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor CONTRACTOR shall not be deemed to be in default, unless the services to be furnished by the subcontractor subCONTRACTOR were reasonably obtainable from other sources in sufficient time to permit Contractor CONTRACTOR to meet the contract requirements. Upon request of ContractorCONTRACTOR, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, ContractorCONTRACTOR’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subCONTRACTOR” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subCONTRACTOR at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor ContractorNendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor ContractorN endor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor ContractorNendor has notified the DMH Executive Director Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the Ifthe failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor ContractorNendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “(in fixed-price contracts, "Termination for Convenience” in fixed price contracts and “Termination” ," in cost- reimbursement contracts, "Termination"). (As used in this Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor Contractor/Vendor has notified the DMH Executive Director Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and “Termination,” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsConsultants, Contractor the Professional shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Professional to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Professional has notified the DMH Executive Director or designee Owner within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor Consultant to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Professional shall not be deemed to be in default, unless the services to be furnished by the subcontractor Consultant were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Professional to meet the contract Contract requirements. Upon request of Contractorthe Professional, the DMH Executive Director or designee Owner shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractor’s the Professional's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the TPA shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the TPA to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the TPA has notified the DMH Executive Director or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the TPA shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the TPA to meet the contract Contract requirements. Upon request of Contractorthe TPA, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the TPA's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State Board under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Auditor has notified the DMH Executive Director or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled “Termination for ConvenienceConvenience”.(As used in this paragraph, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor as any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor Contractor//Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor Contractor/ Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor Contractor/Vendor has notified the DMH Executive Director Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “(in fixed-price contracts, "Termination for Convenience” in fixed price contracts and “Termination” ," in cost- reimbursement contracts, "Termination"). (As used in this Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the contractor has notified the DMH Executive Director or designee Commissioner within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the DMH Executive Director or designee Commissioner of MDCPS shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State MDCPS under the clause entitled (in fixed-price contract “Termination for Convenience,” or in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Consulting Actuary shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Consulting Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Consulting Actuary has notified the DMH Executive Director or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Consulting Actuary’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Consulting Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Consulting Actuary to meet the contract Contract requirements. Upon request of Contractorthe Consulting Actuary, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Consulting Actuary’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled “Termination for ConvenienceConvenience”.(As used in this paragraph, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor as any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixedprice contracts, “Termination for Convenience” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorssubcontractor, Contractor Provider shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor Provider to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor Provider has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor Provider shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor Provider to meet the contract requirements. Upon request of ContractorProvider, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, ContractorProvider’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the DMH Executive Director or designee MDFA within 15 days after the cause of the delay and the failure arises out of causes ofcauses such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the contract Contract requirements. Upon request of the Contractor, the DMH Executive Director or designee MDFA shall ascertain the facts and extent of such failure, and, if such officer the MDFA determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the Contractor 's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “"Termination for Convenience” ". (As used in fixed price contracts and “Termination” in cost- reimbursement contractsthis Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Vendor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Vendor has notified the DMH Executive Director or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Vendor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Vendor to meet the contract Contract requirements. Upon request of Contractorthe Vendor, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Vendor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled “Termination for ConvenienceConvenience”.(As used in this paragraph, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor as any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Auditor has notified the DMH Executive Director or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled “Termination for ConvenienceConvenience”.(As used in this paragraph, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor as any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor School District shall not be in default by reason of any failure in performance of this contract agreement in accordance with its terms (including any failure by Contractor School District to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor School District has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor School District shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor School District to meet the contract requirements. Upon request of ContractorSchool District, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, ContractorSchool District’s progress and performance would have met the terms of the contractagreement, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts.”

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorssubcontractor, Contractor Advisor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor Advisor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor Advisor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor Advisor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor Advisor to meet the contract Contract requirements. Upon request of ContractorAdvisor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, ContractorAdvisor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “Termination for Convenience. (As used in this paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans a subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Commissioner or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the this contract requirements. Upon request of Contractor, the DMH Executive Director Commissioner or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the this contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Contract Worker has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Contract Worker shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Contract Worker to meet the contract requirements. Upon request of Contractorthe Contract Worker, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe Contract Worker’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor the Consulting Actuary shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor the Consulting Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Consulting Actuary has notified the DMH Executive Director or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Consulting Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Consulting Actuary to meet the contract requirements. Upon request of Contractorthe Consulting Actuary, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe Consulting Actuary’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State Board under the clause entitled ( in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor the Broker shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor the Broker to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Broker has notified the DMH Executive Director or designee DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Broker shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Broker to meet the contract requirements. Upon request of Contractorthe Broker, the DMH Executive Director or designee DFA shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the Broker's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled ( in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor the Vendor shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (including any failure by Contractor the Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Vendor has notified the DMH Executive Director or designee STATE OF MISSISSIPPI within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Vendor to meet the contract Agreement requirements. Upon request of Contractorthe Vendor, the DMH Executive Director or designee STATE OF MISSISSIPPI shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractor’s the Vendor's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State STATE OF MISSISSIPPI under the clause of this Agreement entitled “Termination for Convenience". As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director City Engineer or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the City, State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were was reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director City Engineer or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State City under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorssubcontrac- tors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive MDHS Exec- utive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient suffi- cient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the TM Vendor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the TM Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the TM Vendor has notified the DMH Executive Director or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the TM Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the TM Vendor to meet the contract requirements. Upon request of Contractorthe TM Vendor, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the TM Vendor's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State Board under the clause of this Contract entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director or designee GPD within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State government of Guam and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract Agreement requirements. Upon request of Contractor, the DMH Executive Director or designee GPD shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State government of Guam under the clause entitled “Termination for Convenience” (in fixed fixed- price contracts and contracts, “Termination” for Convenience in cost- cost-reimbursement contracts) “Termination”. (As used in this Paragraph of this clause the term “subcontractor” means subcontractor at any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the contractor has notified the DMH Executive Director or designee procurement officer within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the DMH Executive Director or designee procurement officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the contractor's progress and PSCRB Rules and Regulations Manual Page 163 Effective Date 1/01/2013 performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “(in fixed-price contracts, "Termination for Convenience” ," in fixed price contracts and “Termination” in cost- cost-reimbursement contracts, "Termination"). (As used in this Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Auditor has notified the DMH Executive Director or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled “Termination for Convenience”. (As used in this paragraph, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor as any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Consultant shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Consultant to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Consultant has notified the DMH Executive Director or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Consultant’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Consultant shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Consultant to meet the contract Contract requirements. Upon request of Contractorthe Consultant, the DMH Executive Director or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable causeclause, Contractorthe Consultant’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier.)

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the CONTRACTOR shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (terms, including any failure by Contractor the CONTRACTOR to make progress in the prosecution of the work performance hereunder which endangers such performance) , if Contractor the CONTRACTOR has notified the DMH Executive Director or designee DIRECTOR within 15 FIFTEEN (15) days after the cause of the delay and the failure arises out of [unforeseen] causes such as: acts of God; acts of the a public enemy; acts of the State UNIVERSITY and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the CONTRACTOR shall not be deemed to be in default, unless the services or goods, or both, to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the CONTRACTOR to meet the contract requirementsrequirements of the Agreement. Upon request of Contractorthe CONTRACTOR, the DMH Executive Director or designee DIRECTOR shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the CONTRACTOR's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State UNIVERSITY under this Agreement. As used in this paragraph, the clause entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contractsterm 'subcontractor' means subcontractor at any tier.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Commissioner or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacitycapac­ity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Independent Contractor shall not be deemed to be in defaultde­fault, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the DMH Executive Director Commissioner or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-priced contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Independent Contractor has notified the DMH Executive STF Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the DMH Executive STF Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination” in cost- reimbursement contracts”).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the contractor has notified the DMH Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the DMH Executive Director or designee of MDHS shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State MDHS under the clause entitled (in fixed-price contracts, “Termination for Convenience,” or in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Commissioner or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the DMH Executive Director Commissioner or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled in fixed-priced contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” in fixed price contracts and “Termination” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price con- tracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract the Contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract Contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and “Termination,” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsConsultants, the Contractor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified DFA, through the DMH Executive Director or designee Bureau of Building, Grounds and Real Property Management, within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor Sub-Contractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Sub-Contractor were reasonably obtainable obtained from other sources in sufficient time to permit the Contractor to meet the contract Contract requirements. Upon request of the Contractor, DFA, through the DMH Executive Director or designee Bureau of Building, Grounds and Real Property Management, shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, the Contractor’s 's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor the Actuary shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor the Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor the Actuary has notified the DMH Executive Director or designee Plan within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State County and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Actuary’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Actuary to meet the contract Contract requirements. Upon request of Contractor, the DMH Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that If any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractorthe Actuary’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State County under the clause of this Contract entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contracts”.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Independent Contractor has notified the DMH Executive Hospital Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the DMH Executive Hospital Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience” in fixed price contracts and “Termination,” in cost- reimbursement contracts, “Termination”).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor has notified the DMH Executive Director Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the DMH Executive Director Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in fixed price contracts and cost-reimbursement contracts, “Termination”). PSCRB Rules and Regulations Page 142 Effective Date 4/15/2016 (As used in this Paragraph of this clause, the term “subcontractor” in cost- reimbursement contractsmeans subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor The CONTRACTOR shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (terms, including any failure by Contractor the CONTRACTOR to make progress in the prosecution of the work performance hereunder which endangers such performance) , if Contractor the CONTRACTOR has notified the DMH Executive Director or designee Agency procurement officer within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes ofcauses such as: acts of God; acts of the a public enemy; acts of the State and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the Ifthe failure to perform is caused by the failure of a ofa subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor the CONTRACTOR shall not be deemed to be in default, unless the goods and services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the CONTRACTOR to meet the contract requirementsrequirements of the Contract. Upon request of Contractorthe CONTRACTOR, the DMH Executive Director or designee Agency procurement officer shall ascertain the facts and extent of such ofsuch failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the ofthe excusable causes, and that, but for the excusable cause, Contractor’s the CONTRACTOR'S progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State STATE under this Contract. As used in this paragraph, the clause entitled “Termination for Convenience” in fixed price contracts and “Termination” in cost- reimbursement contractsterm "subcontractor" means subcontractor at any tier.