Unexcused Delay means a delay that does not entitle Design Build Entity to an adjustment of the Total Contract Amount and/or to an adjustment of the Contract Time.
Unexcused Delay means any failure of Commercial Launch to occur on or prior to the six month anniversary of the Effective Time that results proximately from either (i) acts, or omissions to act, that were primarily within the control of Guarantor or its Affiliates and not due to the acts or omissions to act of third parties; or (ii) any investigation of the Guarantor or its Affiliates by the FDA that is not related to the Company Products or to any other business or asset of the Company acquired by Guarantor and its Affiliates through the Transactions.
Unexcused Delay meansthose delays for which the respondent, his subcontractor or supplier, has responsibility, and which entitle the respondent to neither a time extension nor any added compensation.
Examples of Unexcused Delay in a sentence
To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.
An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum.
If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcused Delay.
If the delay is an Unexcused Delay, the Design/Builder shall prepare a recovery schedule for the Owner's review and approval, showing how the Design/Builder will compensate for the delays and achieve Substantial Completion by the date shown on the Schedule.
Liquidated damages payable pursuant to this Section 3.5 constitute the Design-Builder’s sole and exclusive right and remedy for recovery of Losses to Design-Builder and its Subcontractors and Sub-consultants, of every Tier, due to Delay, regardless of the cause or duration of the Delay and regardless of whether the Delay is a Compensable Delay, Excusable Delay or Unexcused Delay.
More Definitions of Unexcused Delay
Unexcused Delay means any delay in the path of activities that is critical to Substantial Completion of the Work and which delay is not attributable to HACLA. An Unexcused Delay shall not entitle Contractor to either an extension of the Time for Completion or an adjustment of the Contract Fees. To the extent an Unexcused Delay is concurrent with an Excusable Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.
Unexcused Delay means the failure to meet an applicable deadline when caused by delays other than Tenant Delay or Force Majeure. "Day(s) of Unexcused Delay" means the number of days of delay past the applicable deadline caused by Unexcused Delay (excluding the effect of Tenant Delay or Force Majeure). The Tenant Work Period shall be extended by the amount of any Unexcused Delay. If on September 25, 2000 with respect to all of Building Two, and December 1, 2000 with respect to all of Building Three, as a result of Unexcused Delay either (w) the Tenant Work is not yet substantially complete or (x) Tenant cannot occupy the Premises because the condition of the Building Shell and Core prevents issuance of such building permit sign offs as are necessary for beneficial occupancy of the Premises, then in addition to any extension of the Tenant Work Period as specified above, Tenant shall receive a credit against Base Rent that first becomes due under this Lease for the affected building, in an amount equal to one (1) day of Base Rent for each such Day of Unexcused Delay. If, on November 25, 2000 with respect to all of Building Two, and February 1, 2001, with respect to all of Building Three, as a result of Unexcused Delay either (y) the Tenant Work is not yet substantially complete or (z) Tenant cannot occupy the Premises because the condition of the Building Shell and Core prevents issuance of such building permit sign offs as are necessary for beneficial occupancy of the Premises, and Landlord does not substantially complete the Building Shell and Core so that (subject to the completion of the Tenant Work), building permit sign offs can be issued allowing Tenant to use and occupy the Premises for its intended purposes within thirty (30) days after written notice from Tenant of Tenant's intention to terminate this Lease as provided in this sentence, then
Unexcused Delay shall have the meaning set forth in Section 5.03(b) hereof.
Unexcused Delay means any Delay that is not a Compensable Delay or Excusable Delay or that constitutes a Compensable Delay or Excusable Delay for which Contractor is not entitled to a Contract Adjustment to the Contract Time, including, without limitation, the following: (1) Delay caused by an act or omission of Contractor or a Subcontractor, of any Tier, constituting negligence, willful misconduct, a violation of an Applicable Law or a failure by Contractor or any Subcontractor, of any Tier, to comply with the Contract Documents;
Unexcused Delay. (i.e., a delay due to other than Force Majeure as provided for in Article 14 hereof or a delay which is not otherwise approved in advance in writing by TELIGENT) for more than [redacted] days beyond the scheduled delivery date of any Extension Deliverables for which XXXXXX is not to provide the installation and Commissioning, when the delay is due to the action or inaction of XXXXXX and/or its subcontractors, shall result in a reduction of the purchase price due by [redacted] of goods not timely delivered per week of delay, up to a maximum of [redacted] of goods not timely delivered. Such discounts shall be in addition to the purchase price adjustments provided for in Article 3 hereof.
Unexcused Delay means any delay to completion of the work that is caused by the Contractor, any subcontractor or supplier, for which the Contractor could have reasonably foreseen, and were within the control of the Contractor, subcontractor or supplier, and which entitle the contractor to neither a time extension nor any added compensation.
Unexcused Delay means any Delay that is not a Compensable Delay or Excusable Delay or that constitutes a Compensable Delay or Excusable Delay for which DBE is not entitled to a Contract Adjustment to the Contract Time, including, without limitation, the following: (1) Delay caused by an act or omission of DBE or a Subcontractor, of any Tier, constituting negligence, willful misconduct, a violation of an Applicable Law or a failure by DBE to comply with the Contract Documents; (2) Delay for which DBE has failed to provide a timely and complete Notice of Delay or Request for Extension; (3) Delay in connection with, relating to or resulting from a determination by DSA that the Construction Documents submitted by Design-Builder are not ready for submission to DSA for DSA Formal Review; (4) Delay in connection with, relating to or resulting from a determination by DSA in its DSA Initial Response or at any time thereafter that the Construction Documents require further changes, additions or corrections; (5) Delay in connection with, relating to or resulting from the DSA Review Time exceeding the Agreed DSA Review Time where such Delay is caused, in whole or in part, by a failure by Design-Builder to comply with the standards, directives, procedures, regulations or policies of DSA; or (6) Delay associated with