Excused Delay Clause Samples

Excused Delay. If Seller fails to achieve Commercial Operation on or before the Scheduled Commercial Operation Date due to an Excused Delay, the Scheduled Commercial Operation Date shall be deemed extended on a day-for-day basis to match the duration of such Excused Delay. Upon the request of Seller, and provided that the existence or duration of any Excused Delay is not the subject of a good faith dispute between the Parties and no Seller Event of Default has occurred and is continuing, Utility agrees to provide reasonable assurances to Seller’s Lenders and other financial institutions that the Scheduled Commercial Operation Date has been extended under this Section 2.7.

Excused Delay. Notwithstanding anything to the contrary in this Agreement, any Force Majeure shall not be considered a breach of this Agreement, shall not give rise to a right of termination with respect to a Product SKU under Section 6.4(e) or 13.4, and the time required for performance shall be extended for a period equal to the period of such delay. Force Majeure shall include acts of God, acts of the public enemy, war, terrorism, insurrections, riots, injunctions, pandemics, epidemics, embargoes, fires, explosions, floods, tornadoes, violent wind damage, changes in applicable Law or government orders, or other unforeseeable causes beyond the reasonable control, and without the fault or negligence of, the Party so affected. The Party that is subject to a Force Majeureaffecting this Agreement shall give prompt written notice to the other Party of such Force Majeure and shall take commercially reasonable steps to seek to mitigate the effects of such Force Majeure.

Excused Delay. Notwithstanding anything to the contrary contained herein, if the Yard’s performance of any term or obligation is impacted by an “Excused Delay”, the Yard may extend the time for performance of its term or obligation and the Yard shall be entitled to perform such term or obligation within an appropriate time period after the expiration of the period of such delay. As used herein, an “Excused Delay” means a delay directly or indirectly caused by an Act of God, declared state of emergency or public health emergency, pandemic (specifically including COVID-19), government mandated quarantine, war, acts of terrorism, and/or order of government or civil or military authorities, fire, flood, earthquake or similar natural disasters, extreme weather events, riot, terrorism, civil strife, labor disputes or disturbances or other extraordinary events outside the control of the Yard.

Excused Delay. The untimely performance of any obligations arising hereunder by any Party will be excused, and such delay of performance shall not constitute breach, or grounds for termination or prejudice of any rights hereunder, if the delay of performance is a result of circumstances or occurrences beyond the reasonable control of the Party whose performance is excused hereunder ("Force Majeure"), provided that such Party (i) shall immediately notify the other of any such anticipated delay and its expected duration and (ii) shall immediately resume performance after the cause of delay is removed, and (iii) shall during such delay be reasonably diligent in avoiding further delay. Without limiting the generality of circumstances or occurrences beyond the reasonable control of a Party, examples of such circumstances or occurrences are strikes, shortages of power, materials or transportation, acts of government or of God, sabotage or insurrection. Notwithstanding the above, the suffering by one Party of any actual and material delay greater than one hundred eighty (180) days in any one year period (or any material delay which is reasonably expected to exceed 270 days in any one year period) shall be grounds for termination (without cause or penalty) by the other Party.

Excused Delay. For purposes herein, “Excused Delay” shall mean (i) scheduled maintenance ("Maintenance Windows"), (ii) maintenance or service interruptions requested by Customer and implemented by BRT, (iii) Customer’s breach of any provision of the Agreement to the extent it caused the delay, (iv) any delay or unavailability to the extent caused by any Content, (v) performance of internet services, or (vi) force majeure or other circumstances beyond BRT’s reasonable control. Any extended scheduled Maintenance Windows are typically scheduled on Saturday nights from 9:00 pm to Sunday 6:00 am Mountain Time, though mid−week updates requiring an outage of ten (10) minutes or less may be scheduled during non−business hours as required. BRT shall post notification of scheduled Maintenance Windows on the DynaFile status page located at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ with a minimum notice of twenty−four (24) hours prior to performing said maintenance. It is Customer's responsibility to subscribe to updates from the link provided at this page in order to receive notification of Maintenance Windows or service outages.

Excused Delay. If Seller fails to achieve Commercial Operation on or before the Scheduled Commercial Operation Date due to an Excused Delay, the Scheduled Commercial Operation Date shall be deemed extended on a day-for-day basis to match the duration of such Excused Delay, subject to Section 14.5 in the event that the Excused Delay is caused by a Force Majeure event. Upon the request (continued) RECEIVED MARCH 01, 2021 WA. UT. & TRANS. COMM.

Excused Delay. 15 2.8 Option to Extend Scheduled Commercial Operation Date or Terminate. 15 SECTION 3 REPRESENTATIONS AND WARRANTIES 15

Excused Delay. Defined in Section 3.4.

Excused Delay. In addition to specific provisions of this DCA, performance by a party shall not be deemed to be in default (and the times for performance under this DCA shall be extended as provided below) where delays or defaults are due to: war; insurrection; acts of terrorism; epidemics; strikes; lock-outs; riots; floods; earthquakes; fires; quarantine restrictions; freight embargoes; energy shortages; energy rationing; discovery of previously unknown Hazardous Materials or archaeological or historical resources; court order preventing action; pending litigation that presents a material financial risk to a party if it proceeds with action under this DCA while the outcome of such litigation is pending; delays in processing approvals caused by any governmental entity; or any other similar causes beyond the control or without the fault of the party claiming an extension of time to perform (other than lack of funds of a party or inability of a party to finance the performance of its duties under this DCA, which lack or inability shall not be the basis for an excused delay). An extension of time for any cause will be deemed granted if notice by the party claiming such extension is given in writing to the other parties and such extension of time is not rejected in writing by another party within fifteen (15) days of receipt of the notice. A party shall use commercially reasonable efforts and act in good faith to bring to the attention of the other parties any claim for an extension of time under this Section 8.18 promptly after it becomes aware of the basis for such claim. Any extension of time granted pursuant to this Section 8.18 shall continue only for the period during which the applicable condition continues to cause delay of performance.