Common use of Non-Excusable Delay Clause in Contracts

Non-Excusable Delay. The Seller shall not be entitled to any extension of the Delivery Date (i) for any delay resulting from a cause of delay in existence as of the execution of this Agreement or (ii) for any delay resulting from the late performance or default of a subcontract (whether for delivery of machinery, equipment and supplies to be incorporated in the Vessel or otherwise) if such delay results from the continuation of a cause of delay in effect as of the date of the award of the subcontract where Seller had notice of such subcontractor's cause of delay prior to or at the time of such award. .

Non-Excusable Delay. The Seller shall not be entitled to any extension of the Delivery Date (i) for any delay resulting from a cause of delay in existence as of the execution of this Agreement (other than a cause of delay determined to be industry-wide), or (ii) for any delay resulting from the late performance or default of a subcontract (whether for delivery of machinery, equipment and supplies to be incorporated in the Vessel or otherwise) if such delay results from the continuation of a cause of delay in effect as of the date of the award of the subcontract where Seller Builder had notice of such subcontractor's cause of delay prior to or at the time of such award. award (other than a cause of delay determined to be industry-wide).