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

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of sub-contractors, the Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms if the Contractor has notified the Contracting Officer within 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 CUC and any other CUC entity in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes or other labor disputes, freight embargo, or unusually severe weather. If the failure to perform is caused by the failure of a 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 supplies and/or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract requirements. Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of such failure, and if the Contracting 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, the Contractor's progress and performance would have met the terms of this Contract, the delivery schedule shall be revised accordingly, subject to the rights of CUC under the "TERMINATION FOR CONVENIENCE" clause.

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of sub-contractorssubcontractors, the Contractor Provider shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms if the Contractor Provider has notified the Contracting Procurement Officer within fifteen (15) 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 CUC terrorism; acts of the Unified Government and any other CUC governmental entity in its sovereign or contractual capacity, ; fires, ; floods, ; epidemics, ; quarantine restrictions, ; strikes or other labor disputes, freight embargo, or unusually severe weather. If the failure to perform is caused by the failure of a sub-contractor subcontractor to perform or to make progress, and if such failure arises out of the causes similar to those set forth above, the Contractor Provider shall not be deemed to be in default, unless the supplies and/or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor Provider to meet the Contract requirementsterms of the Agreement. Upon request of the ContractorProvider, the Contracting Procurement Officer shall ascertain the facts and extent of such failure, and and, if the Contracting Officer 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, the ContractorProvider's progress and performance would have met the terms of this Contractthe Agreement, the delivery schedule time for completion of the Agreement shall be revised accordingly, subject to the rights of CUC the Unified Government under the clause entitled "TERMINATION FOR CONVENIENCE" clauseTermination for Convenience".