Permissible Delay. Delays on account of such causes as specified in this Article VIII Clause 1, as well as delays caused by Subcontractors or other suppliers (including delay in delivery of drawings to the VESSEL or parts thereof), delays caused by the Classification Society or other bodies whose documents are required, delays in Buyer’s Supply and any other delays of a nature which under the terms of this Contract permits postponement of the Delivery Date, shall constitute Permissible Delay and shall extend the Delivery Date for any net delay caused thereby.
Permissible Delay. Actual Delays in the construction of the Vessel arising on account of (i) Force Majeure Delay; (ii) Article VI and Article XII, clause 2 hereof; (iii) any other non-fulfilment by the Buyer of the Buyer’s obligations hereunder; (iv) delays in the delivery of Buyer’s Supplies; and/or (v) late action by the Classification Society or other bodies whose documents are required, shall constitute Permissible Delay,
Permissible Delay. 26.1 Should the Builder be delayed or prevented from tendering delivery of the Vessel by the date specified in Article 8.3 owing to any cause or event reasonably to be considered beyond the control of the Builder including, but not limited to, Acts of God; engagement in war or other hostilities, civil war, civil commotions, riots or insurrections; requirements of civil or military authorities; blockades or embargoes; vandalism; sabotage; epidemics or sickness above the normal statistics of the Builder's Yard; labor shortages or overtime abstensions or strikes or lockouts or other industrial actions, but only if any of such causes or events are general in nature and do not involve only the work force of the Builder’s Yard and/or its subcontractors or their employees; earthquakes; landslides; floods; extreme adverse weather conditions not included in normal planning arrangements; failure of electric current; damage by lightning, explosions, collisions, strandings or fire; accidents resulting in material damage to the Vessel; shortage of materials and equipment or inability to obtain their delivery, provided that such materials and equipment at the time of ordering could reasonably be expected by the Builder to be delivered in time and were ordered in time; delays by land, sea or air carriers; casting, forging or machining rejects or defects in materials, machinery and equipment, provided that the same could not have been avoided or detected by the Builder and/or its subcontractors or their employees using reasonable care; any other cause or event of a similar nature to any of the above reasonably to be considered beyond the control of the Builder; delays caused by delay of the Classification Society or other bodies whose documents are required in issuing such documents; any Owner's Delay (but without prejudice to any other rights of the Builder under this Contract); the effect of the foregoing on the Builder's other commitments; all the foregoing irrespective of whether or not these causes or events occur before or after the date hereinbefore specified as the date on which the Vessel is to be delivered; Provided that:
Permissible Delay. Notwithstanding the Delivery Date, SENESCO shall not be liable for any default hereunder or delay in the construction of the ATB, or the performance of the terms, covenants and conditions on its part to be performed hereunder, if such default, delay or non-performance are caused by or are due to any occurrence or contingency beyond SENESCO’s control or are caused by the delay or default or non-performance of any supplier or manufacturer, other than the Tug manufacturer, with whom SENESCO may contract to furnish and/or deliver any materials, equipment, machinery or labor necessary in the construction of the ATB (provided that SENESCO has ordered such materials, equipment, machinery or labor in a timely manner), including force majeure, wars, sabotage, bombing, fires, strikes, riots, floods, insurrection, earthquakes, Acts of God, weather severe enough to make impracticable the use of temporary shelters to allow outside welding or painting, hurricanes, delays in transportation, adverse weather conditions which preclude the conducting of sea trials as described in Article III f., delays by Buyer in granting its approval for the Construction Transfer to Sparrows Point beyond November 4, 2005, delays which are the consequence of SENESCO’s exercising of its rights under Article VIII (b), loss of utilities, blockades, embargoes, terrorism acts, demands or requirements of the United States Government or any State or political subdivision thereof, or occasioned by command, restraint, condemnation or acquisition by the United States Government or any political subdivision thereof; provided, however, that as soon as any such cause is removed and no longer exists, except as may be herein otherwise set forth, SENESCO shall thereupon continue, carry on and perform the covenants, conditions of this Agreement on SENESCO’s part to be performed. SENESCO shall promptly notify Buyer in writing within two (2) business days of the occurrence of any event of force majeure together with a good faith estimate of the possible delay.
