Consequences of Excusable Delay Clause Samples
The "Consequences of Excusable Delay" clause defines what happens when a party is delayed in performing its contractual obligations due to circumstances beyond its control, such as natural disasters or government actions. Typically, this clause allows for an extension of time to complete the work or suspends certain obligations without penalty, provided the delay meets the contract's criteria for being excusable. Its core function is to allocate risk fairly by protecting parties from being penalized for delays they could not have prevented, thereby ensuring the contract remains equitable in unforeseen situations.
Consequences of Excusable Delay. If an Excusable Delay occurs:
(i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer;
(iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iv) the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.
Consequences of Excusable Delay. If an Excusable Delay occurs the Seller shall
Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs the Seller will
(i) notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; Spirit Airlines - A320 FAMILY – PA 27
(iv) as soon as practicable after the removal of the cause of the delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month.
Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs,
(a) the Seller will
(i) notify the Buyers of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by any of the Buyers; and
(iv) subject to the provisions of Subclause 10.3 below, as soon as practicable after the removal of the cause of such Excusable Delay, resume performance of its obligations under this Agreement and notify the Buyers of the revised Scheduled Delivery Month; and *** Confidential Treatment Requested AWE/USA - A350 - PA 28 PRIVILEGED AND CONFIDENTIAL
(b) [...***...]
Consequences of Excusable Delay. If an Excusable Delay occurs:
Consequences of Excusable Delay. If an Excusable Delay occurs, then the Seller shall:
a) notify the Buyer of such Excusable Delay as soon as reasonably practicable after becoming aware of the same;
b) not be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
c) not be liable for any Losses incurred by the Buyer in connection with such Excusable Delay; and
d) as soon as reasonably practicable after the cause of such Excusable Delay has ceased to exist notify to the Buyer, if applicable, the revised month or period in which the affected Aircraft is/are anticipated to be delivered.
Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs:
(i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer;
(iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iv) the Seller will as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month. CT1707017 PA A321 NEO EXECUTION [***] Confidential portion omitted and filed separately with the Commission Pursuant to a Request for Confidential Treatment.
Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs the Seller will:
(i) notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same; CT1706024 – Amended and Restated ▇▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇ Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA9-10 (ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
Consequences of Excusable Delay. 10.2.1 If an Excusable Delay occurs,
(a) the Seller will
(i) notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iii) not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer; and USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA – 35 of 109 EXECUTION PRIVILEGED AND CONFIDENTIAL
(iv) subject to the provisions of Clause 10.3 below, as soon as practicable after the removal of the cause of such Excusable Delay, resume performance of its obligations under this Agreement and notify the Buyer of the revised Scheduled Delivery Month**
Consequences of Excusable Delay. If an Excusable Delay occurs:
(i) the Seller will notify the Buyer of such Excusable Delay as soon as practicable after becoming aware of the same;
(ii) the Seller will not be responsible for any damages arising from or in connection with such Excusable Delay suffered or incurred by the Buyer;
(iii) the Seller will not be deemed to be in default in the performance of its obligations hereunder as a result of such Excusable Delay;
(iv) the Seller will use reasonable efforts to remove such cause(s) as are within its control and to minimize any delay; and
(v) the Seller will upon cessation of the event causing the Excusable Delay notify the Buyer in writing thereof and as soon as practicable after the removal of the cause of such delay resume performance of its obligations under this Agreement and in particular will notify the Buyer of the revised Scheduled Delivery Month(s). ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.