Common use of Excused Delay Clause in Contracts

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. The untimely performance of any obligations arising hereunder by any Party 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 party whose performance is excused hereunder ("Force Majeure"), provided that such Party 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 Partyparty, 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 periodtwo hundred seventy (270) days) shall be grounds for termination (without cause or penalty) by the other Partyparty.