Common use of Excusable Delay Defined Clause in Contracts

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including (i) war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-down (other than by the employees of Contractor or any Subcontractor at any Site) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), where such Owner failure inhibits, delays, or otherwise adversely affects Contractor's ability to perform the Work in accordance with the Initial City Schedule and/or Acceptance Date; provided, however, that no delay shall be an Excusable Delay unless such delay could not have been either (x) avoided by Contractor, its Subcontractors or their respective Affiliates through the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractor, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) of the Work known to be affected by such event constituting an Excusable Delay. Upon Owner's written request, Contractor shall provide Owner a Correction Plan. Contractor shall also provide Owner prompt written notice when the event constituting an Excusable Delay has ended.

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (iincluding the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (f) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-slow down (other than by the employees of Contractor at Contractor's or any Subcontractor at any Sitea Subcontractor's facilities) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner Customer to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), Contract where such Owner Customer failure inhibits, delays, or otherwise adversely affects inhibits Contractor's ability to perform satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the Work in accordance with occurrence of such an event. Notwithstanding the Initial City Schedule and/or Acceptance Date; providedforegoing, however, that no delay failure by Contractor to provide such notice shall be not prevent such an event from qualifying as an Excusable Delay unless provided Customer's Program Manager has actual notice of such delay could not have been either event by means of publicly and commonly available sources (xe.g., national or global coverage of major natural disaster) avoided prior to Customer suffering any prejudice from Contractor's failure to provide such notice. Such notice to be provided by Contractor, its Subcontractors or their respective Affiliates through as required by the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractorpreceding provisions, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) portion of the Work known to be affected by such event constituting an Excusable Delaydelay. Upon Owner's written requestIn all cases, Contractor shall provide Owner use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a Correction Plandelay in performance of the Work. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has appears to have ended.

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (iincluding the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (e) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or o r sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-slow down (other than by the employees of Contractor at Contractor's or any Subcontractor at any Sitea Subcontractor's facilities) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner Customer to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), Contract where such Owner Customer failure inhibits, delays, or otherwise adversely affects inhibits Contractor's ability to perform satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the Work in accordance with occurrence of such an event. Notwithstanding the Initial City Schedule and/or Acceptance Date; providedforegoing, however, that no delay failure by Contractor to provide such notice shall be not prevent such an event from qualifying as an Excusable Delay unless provided Customer's Program Manager has actual notice of such delay could not have been either event by means of publicly and commonly available sources (xe.g., national or global coverage of major natural disaster) avoided prior to Customer suffering any prejudice from Contractor's failure to provide such notice. Such notice to be provided by Contractor, its Subcontractors or their respective Affiliates through as required by the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractorpreceding provisions, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) portion of the Work known to be affected by such event constituting an Excusable Delaydelay. Upon Owner's written requestIn all cases, Contractor shall provide Owner use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a Correction Plandelay in performance of the Work. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has appears to have ended.

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including (i) war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-down (other than by the employees of Contractor or any Subcontractor at any SiteContractor Facility) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditionsgovernmental action in its sovereign capacity; and (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) Customer's failure by Owner to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), where such Owner failure inhibits, delays, or otherwise adversely affects Contractor's ability to perform the Work in accordance with the Initial City Schedule and/or Acceptance Dateits obligations hereunder; provided, however, that no delay shall be an Excusable Delay unless Contractor gives Customer prompt written notice of the delay and the reasons therefor and such delay could not have been either (x) avoided by Contractor, its Subcontractors or their respective Affiliates through the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractor, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans plans, alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) of the Work known to be affected by such event constituting an Excusable Delay. Upon OwnerCustomer's written request, Contractor shall provide Owner Customer a Correction Plan. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has ended.

Excusable Delay Defined. (a) With respect to Contractor's performance of its obligations under this Contract, an "Excusable Delay" shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (iincluding the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (e) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-slow down (other than by the employees of Contractor at Contractor's or any Subcontractor at any Sitea Subcontractor's facilities) not reasonably within Contractor's control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner Customer to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), Contract where such Owner Customer failure inhibits, delays, or otherwise adversely affects inhibits Contractor's ability to perform satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the Work in accordance with occurrence of such an event. Notwithstanding the Initial City Schedule and/or Acceptance Date; providedforegoing, however, that no delay failure by Contractor to provide such notice shall be not prevent such an event from qualifying as an Excusable Delay unless provided Customer's Program Manager has actual notice of such delay could not have been either event by means of publicly and commonly available sources (xe.g., national or global coverage of major natural disaster) avoided prior to Customer suffering any prejudice from Contractor's failure to provide such notice. Such notice to be provided by Contractor, its Subcontractors or their respective Affiliates through as required by the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractorpreceding provisions, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) portion of the Work known to be affected by such event constituting an Excusable Delaydelay. Upon Owner's written requestIn all cases, Contractor shall provide Owner use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a Correction Plandelay in performance of the Work. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has appears to have ended.

Excusable Delay Defined. (a) With respect to Contractor's ’s performance of its obligations under this Contract, an "“Excusable Delay" ” shall be any delay in the performance of the Work, in whole or in part, caused by an event that is beyond the reasonable control of Contractor, its Subcontractors or their respective Affiliates, including any acts of government in its sovereign capacity (iincluding the refusal, suspension, withdrawal, or non-renewal of export or import licenses essential to the performance of the Contract); any acts of a Launch Agency (deemed to be an Excusable Delay under paragraph (f) of Article 10.1 (Liquidated Damages)); war (whether declared or undeclared), outbreak of national hostilities, invasion or sabotage; (ii) fire, earthquake, flood, hurricane, tornado, cyclone, monsoon, epidemic, explosion, or quarantine restriction; (iii) strike or work slow-slow down (other than by the employees of Contractor at Contractor’s or any Subcontractor at any Sitea Subcontractor’s facilities) not reasonably within Contractor's ’s control; (iv) freight embargoes; (v) acts of God; (vi) Extraordinary Weather Conditions; (vii) governmental action, including changes in Law, zoning moratorium (de jure and de facto), and changes in zoning requirements (but excluding difficulties in obtaining zoning not due to zoning moratorium (de jure or de facto ) or changes in zoning requirements) that have a negative impact on performance of the Work; or (viii) failure by Owner Customer to timely meet its responsibilities under this Contract, including those referred to in Article 24 (Owner's Responsibilities), Contract where such Owner Customer failure inhibits, delays, or otherwise adversely affects inhibits Contractor's ’s ability to perform satisfy its Delivery obligations under this Contract; provided written notice is given to Customer, in writing, within ten (10) Business Days after Contractor shall have first learned of the Work in accordance with occurrence of such an event. Notwithstanding the Initial City Schedule and/or Acceptance Date; providedforegoing, however, that no delay failure by Contractor to provide such notice shall be not prevent such an event from qualifying as an Excusable Delay unless provided Customer’s Program Manager has actual notice of such delay could not have been either event by means of publicly and commonly available sources (xe.g., national or global coverage of major natural disaster) avoided prior to Customer suffering any prejudice from Contractor’s failure to provide such notice. Such notice to be provided by Contractor, its Subcontractors or their respective Affiliates through as required by the exercise of reasonable foresight or reasonable precautions or (y) circumvented by Contractorpreceding provisions, its Subcontractors or their respective Affiliates through the use of reasonable efforts to establish work-around plans alternate sources, or other means. Contractor shall use best efforts to include in its weekly report immediately following the delay a detailed description of the cause of the event constituting an Excusable Delay and the portion(s) portion of the Work known to be affected by such event constituting an Excusable Delaydelay. Upon Owner's written requestIn all cases, Contractor shall provide Owner use best reasonable efforts to avoid or minimize and/or work around such delay through the implementation of any work-around plans, alternate sources, or other means Contractor may utilize or expect to utilize to minimize a Correction Plandelay in performance of the Work. Contractor shall also provide Owner Customer prompt written notice when the event constituting an Excusable Delay has appears to have ended.