Common use of DELAY IN PERFORMANCE Clause in Contracts

DELAY IN PERFORMANCE. 12.1 Neither the Corporation nor the Contractor shall be deemed to be in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include, but are not limited to abnormal weather conditions, flood, earthquake, fire, epidemic, war, riot and other civil disturbance, strike, lockout, work slowdown and other labour disturbances, sabotage, judicial restraint and inability to procure permits, licenses or authorizations from any local, provincial or federal agency for any of the supplies, materials, accesses or services required to be provided by either the Corporation or the Contractor under this Agreement. If any such circumstances occur, the non-performing party shall, as soon as possible after being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

DELAY IN PERFORMANCE. 12.1 Neither the Corporation City nor the Contractor Consultant shall be deemed to be considered in default of this Agreement agreement for delays in performance caused by circumstances beyond the reasonable control of the non-non- performing party. For purposes of this Agreement, such circumstances include, but are not limited to to, abnormal weather conditions; floods, flood, earthquakeearthquakes, fire, epidemic, ; epidemics; war, riot riots and other civil disturbancedisturbances; strikes, strike, lockoutlockouts, work slowdown slowdowns and other labour labor disturbances, ; sabotage, ; judicial restraint restraint; and inability to procure permits, licenses licenses, or authorizations from any local, provincial state, or federal agency for any of the supplies, materials, accesses or services required to be provided by either the Corporation City or the Contractor Consultant under this Agreement. If any Should such circumstances occur, the non-performing party shall, as soon as possible after within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

DELAY IN PERFORMANCE. 12.1 Neither the Corporation City nor the Contractor shall be deemed to be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to to, abnormal weather conditions, flood, earthquake, ; floods; earthquakes; fire, epidemic, ; epidemics; war, riot riots, and other civil disturbancedisturbances; strikes, strike, lockoutlockouts, work slowdown slowdowns, and other labour labor disturbances, ; sabotage, ; judicial restraint restraint; and inability to procure permits, licenses or authorizations from any local, provincial state, or federal agency for any of the supplies, materials, accesses accesses, or services required to be provided by either the Corporation City or the Contractor under this Agreement. If any such circumstances occur, the non-performing nonperforming party shall, as soon as possible after within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.

DELAY IN PERFORMANCE. 12.1 Neither the Corporation City nor the Contractor Consultant shall be deemed to be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to to, abnormal weather conditions, flood, earthquake, ; floods; earthquakes; fire, epidemic, ; epidemics; war, riot riots, and other civil disturbancedisturbances; strikes, strike, lockoutlockouts, work slowdown slowdowns, and other labour labor disturbances, ; sabotage, ; judicial restraint restraint; and inability to procure permits, licenses or authorizations from any local, provincial state, or federal agency for any of the supplies, materials, accesses accesses, or services required to be provided by either the Corporation City or the Contractor Consultant under this Agreement. If any such circumstances occur, the non-performing nonperforming party shall, as soon as possible after within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.