Common use of Performance Delay Clause in Contracts

Performance Delay. Time is of the essence in the Licensor’s performance of this Agreement. If at any time it appears to Licensor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Licensor shall immediately by verbal means (to be confirmed in writing) notify customer of the reasons for the estimated duration of such delay. If requested by Customer, Licensor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Licensor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Licensor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.