Common use of Force Majeure Extension Clause in Contracts

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase thereof, and Redeveloper’s non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice.

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase thereof, and Redeveloper’s non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice. In the event the Force Majeure Event is third party litigation, any and all time frames, deadlines, and periods set forth in this Agreement including the Construction Schedule attached hereto as Exhibit D and the Construction Schedule attached to the Amendment to the Phase 1 Financial Agreement as Schedule 1.1 shall be tolled indefinitely until the date of the Final Adjudication of such action. A “Final Adjudication” shall have occurred upon the passing of 10 days from the expiration date of any applicable appeal period of any final judgment entered by a court of competent jurisdiction with no further appeal have been filed with the court.

Force Majeure Extension. For the purposes of this Redevelopment Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The With the exception of a pandemic, to which different time limitation shall apply, the time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting twelve (12) months from the occurrence of a Force Majeure Event plus Event. With respect to a reasonable pandemic, the time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not to exceed sixty exceeding twelve (6012) days, or such other period months from the end of time which may be agreed to a declared state of emergency by the Township and Governor. During any Force Majeure Event that affects only a portion of a Project, Redeveloper shall to the Redeveloper, extent reasonably feasible continue to perform its obligations for Redeveloper to re-mobilize its contractors and agents to complete the balance of the Project or affected Phase thereof, and Redeveloper’s non-performance of such obligation during any such period of time shall not be deemed a default unaffected by Redeveloper of its obligations under this Agreementthe Force Majeure Event. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence The existence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated not prevent the Township or Redeveloper from declaring a default or the date occurrence of an Event of Default by the other party if the event that is the basis of the NoticeEvent of Default is not a result of the Force Majeure Event.

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase phase thereof, and Redeveloper’s 's non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice.