Unforeseen Delay Clause Samples

The UNFORESEEN DELAY clause defines how parties should handle delays in contract performance caused by events that could not have been anticipated or controlled. Typically, this clause outlines the process for notifying the other party of such delays, the types of events that qualify (such as natural disasters or government actions), and any extensions of time or relief from liability that may be granted. Its core practical function is to allocate risk and provide a fair mechanism for adjusting obligations when unexpected events disrupt the agreed timeline, thereby preventing disputes over responsibility for delays beyond anyone's control.
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Unforeseen Delay. If any unforeseen circumstance occurs that causes a failure to timely carry out any requirements of this Agreement, the State shall notify the DOJ in writing within 30 calendar days of the time that the State becomes aware of the unforeseen circumstance and its impact on the State’s ability to perform under the Agreement. The notice shall describe the cause of the failure to perform and the measures taken to prevent or minimize the failure. The State shall implement all reasonable measures to avoid or minimize any such failure.
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Unforeseen Delay. 99. If any unforeseen circumstance occurs which causes a failure to timely carry out any requirements of this Agreement, ▇▇▇▇▇▇▇▇▇ shall notify the DOJ in writing within twenty (20) calendar days of the time that ▇▇▇▇▇▇▇▇▇ becomes aware of the unforeseen circumstance and its impact on ▇▇▇▇▇▇▇▇▇’▇ ability to perform under the Agreement. The notice shall describe the cause of the failure to perform and the measures taken to prevent or minimize the failure. ▇▇▇▇▇▇▇▇▇ shall implement all reasonable measures to avoid or minimize any such failure.
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Unforeseen Delay. If an unforeseen circumstance occurs that causes a failure to timely fulfill any requirement of this Agreement, the State shall notify the United States in writing within twenty (20) days after the State becomes aware of the unforeseen circumstance and its impact on the State’s ability to perform under the Agreement. The notice shall describe the cause of the failure to perform and the measures taken to prevent or minimize the failure. The State shall take all reasonable measures to avoid or minimize any such failure.
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Unforeseen Delay. The provisions of this paragraph shall be applicable if there shall occur, during the term hereof, or any renewal or extension thereof, any strike, lockout, or labor dispute; inability to obtain labor or materials or reasonable substitute thereof; inability in obtaining fuel, electricity, services or supplies from the sources from which they are normally obtained or from reasonably comparable substitute sources; or act of God, governmental restriction, regulation, or control, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, or fire or other casualty or any other condition or cause beyond the reasonable control of the Lessor. If the Lessor shall, as the result of any such event, fail reasonably to perform any obligation required hereunder, then such obligation shall be reasonably performed as soon as practicable after such event abates. If the Lessor shall, as a result of such event, be unable to exercise any right or option within any time limit provided thereof or in this Lease, such time limit shall be deemed extended for a period equal to the duration of such event.
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Unforeseen Delay. 24.1 The provisions of this paragraph shall be applicable if there shall occur, during the term hereof, or any renewal or extension thereof, any strike, lockout, or labor dispute; inability to obtain labor or materials or reasonable substitutes therefor; inability or difficulty in obtaining fuel, electricity, services or supplies from the sources from which they are normally obtained; or act of God, governmental restriction, regulation, or control, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, or fire or other casualty or any other condition or cause beyond the reasonable control of the Landlord. If the Landlord shall, as the result of such event, fail punctually to perform any obligation required herein, then such obligation shall be punctually performed as soon as practicable after such event shall ▇▇▇▇▇. If the Landlord shall, as a result of such event, be unable to exercise any right or option within any time limit provided therefor in this Lease, such time limit shall be deemed extended for a period equal to the duration of such event.
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Unforeseen Delay. The provisions of this Section shall be applicable if there shall occur, during the Term, or any renewal or extension thereof, any strike, lockout, or labor dispute; inability to obtain labor or materials or act of God, governmental restriction, regulation, or control, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, or fire or other casualty, or other similar condition beyond the reasonable control of Landlord or Tenant including fuel shortages. If Landlord or Tenant shall, as the result of such event, fail punctually to perform any obligation except for payment of Rent or other changes due from Tenant to Landlord, then the obligation shall be punctually performed as soon as practicable after the event shall abate. If Landlord or Tenant shall, as a result of the event, be una▇▇▇ ▇o exercise any right or option within any time limit provided therefor in this Lease, the time limit shall be deemed extended for a period equal to the duration of the event.
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Related to Unforeseen Delay

  • Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs.

  • Unforeseen Circumstances As a rule, the contractor is not entitled to any modification of the contractual terms due to circumstances of which the contracting authority was unaware. A decision of the Belgian State to suspend cooperation with a partner country is deemed to be unforeseeable circumstances within the meaning of this article. Should the Belgian State break off or cease activities which implies therefore the financing of this procurement contract, ▇▇▇▇▇▇ will do everything reasonable to agree a maximum compensation figure.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees, subcontractors, or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either (i) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result; or (ii) if a delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING WILL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO ANY DELAY except if such delay is caused by the fraud, bad faith, or active interference of the Department. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, and a rebuttable presumption of prejudice will exist based on Contractor’s untimely notice. The Contractor shall not assert any claim for damages related to such delay. The Contractor will not be entitled to an increase in the Term Contract price or payment of any kind from the Department for direct, indirect, consequential, impact, or other costs, expenses, or damages, including costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this subsection, the Department may unilaterally (and with no recourse on the part of the Contractor) identify and use an alternate source to complete any work under the Term Contract as the Department deems necessary, in its sole discretion. After the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Department or State, in which case the Department may (i) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to the Department with respect to Products subjected to allocation; or (ii) terminate the Term Contract in whole or in part.