Common use of Delayed Performance Excused Clause in Contracts

Delayed Performance Excused. The affected Party shall be excused from performance and shall not be in default of any obligation under this Agreement for so long as its failure to perform such obligation is due to a Force Majeure Event, provided that: (a) The affected Party makes continuous diligent efforts to prevent or mitigate the effects of the Force Majeure Event; (b) The Agency shall not be entitled to the benefit of this Section 13.3.1 in case of Political Force Majeure Events; (c) The Party claiming a Force Majeure Event shall not be entitled to suspend performance or be excused for delayed performance under this Agreement for any greater scope or longer duration than is required by the Force Majeure Event or the delay occasioned thereby and there shall be no presumption that a Party is entitled to or limited by a day-for-day extension of time equal to the period of the Force Majeure Event; (d) Neither Party shall be relieved of or excused from its obligations under this Agreement solely because there may be increased costs or other adverse economic consequences incurred through the performance of such obligations; and (e) The provisions of this Section 13.3.1 shall not excuse: (i) Late payment of money; (ii) Late performance by either Party due to such Party’s fault or negligence; or (iii) Delays resulting from an event, condition, or circumstance which is reasonably foreseeable such as but not limited to (A) weather conditions that are no more severe than any weather condition reported in or predictable from weather data for the period of fifty (50) years prior to the date of this Agreement or (B) unsuitable ground conditions (other than earthquakes or other geologic calamities).

Delayed Performance Excused. The affected Party shall be excused from performance and shall not be in default of any obligation under this Agreement for so long as its failure to perform such obligation is due to a Force Majeure Event, provided that: (a) The affected Party makes continuous diligent efforts to prevent or mitigate the effects of the Force Majeure Event; (b) The Agency shall not be entitled to the benefit of this Section 13.3.1 in case of Political Force Majeure Events; (c) The Party claiming a Force Majeure Event shall not be entitled to suspend performance or be excused for delayed performance under this Agreement for any greater scope or longer duration than is required by the Force Majeure Event or the delay occasioned thereby and there shall be no presumption that a Party is entitled to or limited by a day-for-day day-­‐for-­‐day extension of time equal to the period of the Force Majeure Event; (d) Neither Party shall be relieved of or excused from its obligations under this Agreement solely because there may be increased costs or other adverse economic consequences incurred through the performance of such obligations; and (e) The provisions of this Section 13.3.1 shall not excuse: (i) Late payment of money; (ii) Late performance by either Party due to such Party’s fault or negligence; or (iii) Delays resulting from an event, condition, or circumstance which is reasonably foreseeable such as but not limited to (A) weather conditions that are no more severe than any weather condition reported in or predictable from weather data for the period of fifty (50) years prior to the date of this Agreement or (B) unsuitable ground conditions (other than earthquakes or other geologic calamities).

Delayed Performance Excused. The affected Party shall be excused from performance and shall not be in default of any obligation under this Agreement for so long as its failure to perform such obligation is due to a Force Majeure Event, provided that: (a) The affected Party makes continuous diligent efforts to prevent or mitigate the effects of the Force Majeure Event; (b) The Agency shall not be entitled to the benefit of this Section 13.3.1 14.3.1 in case of Political Force Majeure Events; (c) The Party claiming a Force Majeure Event shall not be entitled to suspend performance or be excused for delayed performance under this Agreement for any greater scope or longer duration than is required by the Force Majeure Event or the delay occasioned thereby thereby, and there shall be no presumption that a Party is entitled to or limited by a day-for-day extension of time equal to the period of the Force Majeure Event; (d) Neither Party shall be relieved of or excused from its obligations under this Agreement solely because there may be increased costs or other adverse economic consequences incurred through the performance of such obligations; and (e) The provisions of this Section 13.3.1 14.3.1 shall not excuse: (i) Late payment of money; (ii) Late performance by either Party due to such Party’s fault or negligence; or (iii) Delays resulting from an event, condition, or circumstance which is reasonably foreseeable such as but not limited to (A) weather conditions that are no more severe than any weather condition reported in or predictable from weather data for the period of fifty (50) years prior to the date of this Agreement or (B) unsuitable ground conditions (other than earthquakes or other geologic calamities).