Common use of Unavoidable Delay Clause in Contracts

Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. When an event occurs that may delay or prevent the implementation of this Project, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of the event a written confirming notice will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they will document their agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, the following provisions for Dispute Resolution will be followed.

Appears in 2 contracts

Samples: Project Agreement, Final Project Agreement

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Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. When an event occurs that may delay or prevent the implementation of this Project, whether or not it is unavoidable, the Party party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Partiesparties. Within ten (10) days of the Party party providing initial notice of the event a written confirming notice will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's rationale for considering such a delay to be unavoidable. The Party party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Partiesparties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties parties agree, they will document their agreement in a written amendment to this Agreement per Section XIII XII of this Agreement. If the Parties parties do not agree, the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Project Agreement

Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. "Unavoidable delay" for purposes of the project described in this Agreement is defined as any event arising from causes beyond the control of any Party or Parties that delays or prevents the implementation of the project described in this Agreement despite the Parties’ best efforts to put their intentions into effect. An unavoidable delay event includes but is not limited to delay arising from fire, unusual storm events, acts of war, vandalism, or legislative or judicial bars to performance. When an any event occurs that may delay or prevent the implementation of this Projectproject, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of the event a written confirming notice will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they agree the Parties will document their agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, agree then the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Final Project Agreement

Unavoidable Delay. This section applies to provisions “Unavoidable delay” (for purposes of this Agreement Agreement) means any event beyond the control of any Party that do not encompass enforceablecauses delays or prevents the implementation of the Project described in this Agreement, regulatory mechanismsdespite the Parties’ best efforts to put their intentions into effect. Enforceable mechanismsA fire or an act of war, such as permit provisions or rulesfor example, will be subject to modification or enforcement as provided in applicable lawcould cause an unavoidable delay. When an event occurs that may delay or prevent the implementation of this ProjectPhase I Agreement, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of after that written notice, the Party providing initial notice of should confirm the event a written confirming notice will be providedin writing. The confirming notice will include should include: 1) the reason for the delay, the ; 2) its anticipated duration of the delay, duration; 3) all actions taken to prevent or minimize the delay, ; and the party's rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay unavoidable, then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they will document their agreement in a written amendment to this Agreement per as provided in Section XIII XII of this Agreement. If the Parties do not agree, the following provisions for Dispute Resolution will be followed. This section applies only to provisions of this Agreement that are not implemented by legal implementing mechanisms. Legal mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided under applicable law.

Appears in 1 contract

Samples: archive.epa.gov

Unavoidable Delay. This section applies to provisions of this Phase 1 Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. “Unavoidable delay” for purposes of the project described in this Agreement is defined as any event arising from causes beyond the control of any Party or Parties that delays or prevents the implementation of the project described in this Agreement despite the Parties’ best efforts to put their intentions into effect. An unavoidable delay event includes but is not limited to delay arising from fire, unusual storm events, acts of war, vandalism, or legislative or judicial bars to performance. When an any event occurs that may delay or prevent the implementation of this Projectproject, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of to the event event, a written confirming notice confirmation will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's ’s rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they agree the Parties will document their agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, agree then the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Project Agreement

Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory legal implementing mechanisms. Enforceable Legal implementing mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. Unavoidable delay for purposes of this Agreement means any event arising from causes beyond the control of any Party that delays or prevents the implementation of the project described in this Agreement despite the Parties= best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example, fire or acts of war. When an any event occurs that may delay or prevent the implementation of this Projectproject, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of to the event event, a written confirming notice confirmation will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's =s rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they the Parties will document their agreement Agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, agree then the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Final Project Agreement

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Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory legal implementing mechanisms. Enforceable Legal implementing mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. Unavoidable delay for purposes of this Agreement means any event arising from causes beyond the control of any Party that delays or prevents the implementation of the project described in this Agreement despite the Parties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example, fire or acts of war. When an any event occurs that may delay or prevent the implementation of this Projectproject, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of to the event event, a written confirming notice confirmation will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's ’s rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they the Parties will document their agreement Agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, agree then the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Final Project Agreement

Unavoidable Delay. This section applies to provisions of this Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. When an event occurs that may delay or prevent the implementation of this Project, whether or not it is unavoidable, the Party party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Partiesparties. Within ten (10) days of the Party party providing initial notice of the event a written confirming notice will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's ’s rationale for considering such a delay to be unavoidable. The Party party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Partiesparties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties parties agree, they will document their agreement in a written amendment to this Agreement per Section XIII XII of this Agreement. If the Parties parties do not agree, the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Project Agreement

Unavoidable Delay. This section applies to provisions of this Phase 1 Agreement that do not encompass enforceable, regulatory mechanisms. Enforceable mechanisms, such as permit provisions or rules, will be subject to modification or enforcement as provided in applicable law. “Unavoidable delay” for purposes of the project described in this Agreement is defined as any event arising from causes beyond the control of any Party or Parties that delays or prevents the implementation of the project described in this Agreement despite the Parties’ best efforts to put their intentions into effect. An unavoidable delay event includes but is not limited to delay arising from fire or acts of war. When an any event occurs that may delay or prevent the implementation of this Projectproject, whether or not it is unavoidable, the Party with knowledge of the event will provide verbal notice to the designated representatives of the remaining Parties. Within ten (10) days of the Party providing initial notice of to the event event, a written confirming notice confirmation will be provided. The confirming notice will include the reason for the delay, the anticipated duration of the delay, all actions taken to prevent or minimize the delay, and the party's ’s rationale for considering such a delay to be unavoidable. The Party providing notice will include appropriate documentation supporting the claim that the delay was unavoidable. If the Parties, after reasonable opportunity to confer, agree that the delay is attributable to an unavoidable delay then the time for performance of obligations that are affected will be extended to cover the period lost due to the delay. If the Parties agree, they the Parties will document their agreement in a written amendment to this Agreement per Section XIII of this Agreement. If the Parties do not agree, agree then the following provisions for Dispute Resolution will be followed.

Appears in 1 contract

Samples: Phase 1 Agreement

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