Common use of Excuse for Nonperformance or Delayed Performance Clause in Contracts

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract Contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph paragraph of this clause, the term “subcontractor” means a subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission DMH Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission DMH Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-fixed price contracts and “Termination” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorssubCONTRACTORs, Contractor/Vendor CONTRACTOR shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor CONTRACTOR to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor CONTRACTOR has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor subCONTRACTOR to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor CONTRACTOR shall not be deemed to be in default, unless the services to be furnished by the subcontractor subCONTRACTOR were reasonably obtainable from other sources in sufficient time to permit Contractor CONTRACTOR to meet the contract requirements. Upon request of ContractorCONTRACTOR, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, ContractorCONTRACTOR’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractorsubCONTRACTOR” means subcontractor subCONTRACTOR at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsConsultants, Contractor/Vendor the Professional shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Professional to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Professional has notified the Commission or designee Owner within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor Consultant to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Professional shall not be deemed to be in default, unless the services to be furnished by the subcontractor Consultant were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Professional to meet the contract Contract requirements. Upon request of Contractorthe Professional, the Commission or designee Owner shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractor’s the Professional's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one (1) or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor ContractorNendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor ContractorN endor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor ContractorNendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the Ifthe failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor ContractorNendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “"Termination for Convenience,” " in cost-cost- reimbursement contracts, “"Termination”"). (As used in this Paragraph of this clause, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor//Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Contractor/ Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “"Termination for Convenience,” " in cost-cost- reimbursement contracts, “"Termination”"). (As used in this Paragraph of this clause, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Auditor has notified the Commission or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As Convenience”.(As used in this Paragraph of this clauseparagraph, the term “subcontractor” means subcontractor at as any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price fixedprice contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/the Vendor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/the Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/the Vendor has notified the Commission or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Vendor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/the Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Vendor to meet the contract Contract requirements. Upon request of Contractorthe Vendor, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Vendor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As Convenience”.(As used in this Paragraph of this clauseparagraph, the term “subcontractor” means subcontractor at as any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Consulting Actuary shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Consulting Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Consulting Actuary has notified the Commission or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Consulting Actuary’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Consulting Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Consulting Actuary to meet the contract Contract requirements. Upon request of Contractorthe Consulting Actuary, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Consulting Actuary’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As Convenience”.(As used in this Paragraph of this clauseparagraph, the term “subcontractor” means subcontractor at as any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Auditor has notified the Commission or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As Convenience”.(As used in this Paragraph of this clauseparagraph, the term “subcontractor” means subcontractor at as any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Auditor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Auditor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Auditor has notified the Commission or designee Board within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Auditor’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Auditor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Auditor to meet the contract Contract requirements. Upon request of Contractorthe Auditor, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable cause, Contractorthe Auditor’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clauseparagraph, the term “subcontractor” means subcontractor at as any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor/the Vendor shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (including any failure by Contractor/the Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/the Vendor has notified the Commission or designee STATE OF MISSISSIPPI within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/the Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Vendor to meet the contract Agreement requirements. Upon request of Contractorthe Vendor, the Commission or designee STATE OF MISSISSIPPI shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractor’s the Vendor's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State STATE OF MISSISSIPPI under the clause of this Agreement entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”)". (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Independent Contractor has notified the Commission STF Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the Commission STF Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the CONTRACTOR shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (terms, including any failure by Contractor/Vendor the CONTRACTOR to make progress in the prosecution of the work performance hereunder which endangers such performance) , if Contractor/Vendor the CONTRACTOR has notified the Commission or designee DIRECTOR within 15 FIFTEEN (15) days after the cause of the delay and the failure arises out of [unforeseen] causes such as: acts of God; acts of the a public enemy; acts of the State UNIVERSITY and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the CONTRACTOR shall not be deemed to be in default, unless the services or goods, or both, to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the CONTRACTOR to meet the contract requirementsrequirements of the Agreement. Upon request of Contractorthe CONTRACTOR, the Commission or designee DIRECTOR shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the CONTRACTOR's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State UNIVERSITY under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”)this Agreement. (As used in this Paragraph of this clauseparagraph, the term “'subcontractor” ' means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the contractor has notified the Commission or designee Commissioner within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the Commission or designee Commissioner of MDCPS shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe contractor’s progress and performance would have met the terms of the REVISED 04/2016 contract, the delivery schedule shall be revised accordingly, subject to the rights of the State MDCPS under the clause entitled (in fixed-price contracts, contract “Termination for Convenience,” or in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Commissioner or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacitycapac­ity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Independent Contractor shall not be deemed to be in defaultde­fault, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the Commission Commissioner or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price priced contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor/Vendor the Consulting Actuary shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the Consulting Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Consulting Actuary has notified the Commission or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Consulting Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Consulting Actuary to meet the contract requirements. Upon request of Contractorthe Consulting Actuary, the Commission or designee Board shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe Consulting Actuary’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State Board under the clause entitled (( in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract Agreement in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission or designee GPD within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State government of Guam and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract Agreement requirements. Upon request of Contractor, the Commission or designee GPD shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s 's progress and performance would have met the terms of the contractAgreement, the delivery schedule shall be revised accordingly, subject to the rights of the State government of Guam under the clause entitled (in fixed-fixed- price contracts, “Termination Termination” for Convenience,” Convenience in cost-reimbursement contracts, ) “Termination”). (As used in this Paragraph of this clause, clause the term “subcontractor” means subcontractor at any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the contractor has notified the Commission or designee procurement officer within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the Commission or designee procurement officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the contractor's progress and PSCRB Rules and Regulations Manual Page 163 Effective Date 1/01/2013 performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “"Termination for Convenience,” " in cost-reimbursement contracts, “"Termination”"). (As used in this Paragraph of this clause, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Commissioner or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the Commission Commissioner or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price priced contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). PSCRB Rules and Regulations Page 142 Effective Date 4/15/2016 (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Contractor has notified the Commission MDHS Executive Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission MDHS Executive Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Actuary shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Actuary to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Actuary has notified the Commission or designee Plan within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State County and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Actuary’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Actuary shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Actuary to meet the contract Contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that If any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, Contractorthe Actuary’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State County under the clause of this Contract entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Independent Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Independent Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor Independent Contractor has notified the Commission Hospital Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor Independent Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Independent Contractor to meet the contract requirements. Upon request of Independent Contractor, the Commission Hospital Director or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Independent Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the contractor to make progress in Revised 11/14/16 the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the contractor has notified the Commission or designee Executive Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the Commission or designee Executive Director of MDHS shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State MDHS under the clause entitled (in fixed-price contracts, “Termination for Convenience,” or in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor The CONTRACTOR shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (terms, including any failure by Contractor/Vendor the CONTRACTOR to make progress in the prosecution of the work performance hereunder which endangers such performance) , if Contractor/Vendor the CONTRACTOR has notified the Commission or designee Agency procurement officer within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes ofcauses such as: acts of God; acts of the a public enemy; acts of the State and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the Ifthe failure to perform is caused by the failure of a ofa subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the CONTRACTOR shall not be deemed to be in default, unless the goods and services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the CONTRACTOR to meet the contract requirementsrequirements of the Contract. Upon request of Contractorthe CONTRACTOR, the Commission or designee Agency procurement officer shall ascertain the facts and extent of such ofsuch failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the ofthe excusable causes, and that, but for the excusable cause, Contractor’s the CONTRACTOR'S progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State STATE under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”)this Contract. (As used in this Paragraph of this clauseparagraph, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsConsultants, Contractor/Vendor the Contractor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Contractor has notified DFA, through the Commission or designee Bureau of Building, Grounds and Real Property Management, within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor Sub-Contractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Sub-Contractor were reasonably obtainable obtained from other sources in sufficient time to permit the Contractor to meet the contract Contract requirements. Upon request of the Contractor, DFA, through the Commission or designee Bureau of Building, Grounds and Real Property Management, shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, the Contractor’s 's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, Contractor/Vendor the Broker shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the Broker to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Broker has notified the Commission or designee DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Broker shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Broker to meet the contract requirements. Upon request of Contractorthe Broker, the Commission or designee DFA shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the Broker's progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause entitled (( in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/the TM Vendor shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/the TM Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/the TM Vendor has notified the Commission or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/the TM Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the TM Vendor to meet the contract requirements. Upon request of Contractorthe TM Vendor, the Commission or designee Board shall ascertain the facts and extent of such failure, and, if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s the TM Vendor's progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State Board under the clause of this Contract entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor the contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the contractor has notified the Commission or designee Commissioner within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the contractor to meet the contract requirements. Upon request of Contractorthe contractor, the Commission or designee Commissioner of MDCPS shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State MDCPS under the clause entitled (in fixed-price contracts, contract REVISED 04/2016 “Termination for Convenience,” or in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor the Consultant shall not be in default by reason of any failure in performance of this contract Contract in accordance with its terms (including any failure by Contractor/Vendor the Consultant to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Consultant has notified the Commission or designee Board within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weatherweather or other causes beyond the Consultant’s reasonable control. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Consultant shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable obtained from other sources in sufficient time to permit Contractor the Consultant to meet the contract Contract requirements. Upon request of Contractorthe Consultant, the Commission or designee Board shall ascertain the facts and extent of such failure, and, and if such officer the Board determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, that but for the excusable causeclause, Contractorthe Consultant’s progress and performance would have met the terms of the contractContract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier.).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Contractor/Vendor Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor the Contract Worker has notified the Commission Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor the Contract Worker shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor the Contract Worker to meet the contract requirements. Upon request of Contractorthe Contract Worker, the Commission Agency Head or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractorthe Contract Worker’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).