Excusable Non-Compensable Delay definition

Excusable Non-Compensable Delay means any unforeseeable delay of completion of the Work beyond the expiration of the Job Order Completion Time caused by conditions beyond the control and without the fault or negligence of either the Contractor or the County, such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, abnormally severe weather conditions, pandemics, measures of any federal, State, or local governmental authority in response to a pandemics, and riots in which the Work cannot continue. The definition of “Excusable Non-Compensable Delay” does not include any foreseeable delay of the Work beyond the expiration of the Job Order Completion Time caused by conditions related to the COVID-19 pandemic, including measures of any federal, State, or local governmental authority in response to the COVID -19 pandemic. An Excusable Non-Compensable Delay may entitle the Contractor to an extension of the Job Order Completion Time, in accordance with Subparagraph 9.3.2, but shall not entitle the Contractor to any adjustment in the Job Order Price.
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Excusable Non-Compensable Delay means any Excusable Delay not solely the responsibility of the Contractor, such as, earthquake, fire, flood, and inclement weather conditions that caused a delay of Work on the critical path of the Schedule. The financial inability of the Contractor or any Subcontractor, Sub- subcontractor or Supplier, or the default of any Subcontractor, Sub- subcontractor or Supplier is not a condition beyond the Contractor’s control. An Excusable Non-Compensable Delay may entitle the Contractor to an extension of the Contract Time, but will not entitle the Contractor to any adjustment of the Contract Sum.
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Excusable Non-Compensable Delay means any unforeseeable delay of completion of the Work beyond the expiration of the Contract Time caused by conditions beyond the control and without the fault or negligence of either the Contractor or the Owner, such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and abnormally severe weather conditions in which the Work cannot continue. An Excusable Non-Compensable Delay may entitle the Contractor to an extension of the Contract Time, in accordance with Subparagraphs 8.3.2 and 8.3.6, but shall not entitle the Contractor to any adjustment in the Contract Sum.
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Examples of Excusable Non-Compensable Delay in a sentence

  • When an Excusable Non-Compensable Delay is concurrent with an Excusable Compensable Delay, you shall be entitled to an extension of Contract Time, but shall not be entitled to compensation for the period the Excusable Non- Compensable Delay is concurrent with the Excusable Compensable Delay.

Related to Excusable Non-Compensable Delay

  • Excusable Delays means delays due to acts of terrorism, acts of war or civil insurrection, strikes, riots, floods, earthquakes, fires, tornadoes, casualties, acts of God, labor disputes, governmental restrictions or priorities, embargoes, national or regional material shortages, failure to obtain regulatory approval from any Federal or State regulatory body, unforeseen site conditions, material litigation by parties other than the Parties not caused by the Parties’ failure to perform, or any other condition or circumstances beyond the reasonable or foreseeable control of the applicable party using reasonable diligence to overcome which prevents such party from performing its specific duties or obligation hereunder in a timely manner.

  • Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.