Delays and Extensions of Time Force Majeure Sample Clauses

The 'Delays and Extensions of Time (Force Majeure)' clause defines how unforeseen events outside the control of the parties—such as natural disasters, war, or government actions—can impact contractual deadlines. When such force majeure events occur, the affected party may be entitled to an extension of time to fulfill their obligations, provided they notify the other party and demonstrate the event's impact on performance. This clause ensures that parties are not penalized for delays caused by extraordinary circumstances beyond their control, thereby allocating risk and maintaining fairness in the contractual relationship.
POPULAR SAMPLE Copied 23 times
Delays and Extensions of Time Force Majeure. 1. CAUSES OF DELAY If, at any time after signing this CONTRACT, either the construction or delivery of the VESSEL or any performance required hereunder as a prerequisite to the delivery thereof is delayed by any of the following events: namely war, acts of state or government, blockade, revolution, insurrections, mobilization, civil commotion, riots, strikes, sabotage, lockouts, Acts of God or the public enemy, plague or other epidemics, quarantines, shortage or prolonged failure of electric current, freight embargoes, or defects in major forgings or castings, delays or defects in the BUYER’s supplies as stipulated in Article XII, if any, or shortage of materials, machinery or equipment or inability to obtain delivery or delays in delivery of materials, machinery or equipment, provided that at the time of ordering the same could reasonably be expected by the BUILDER to be delivered in time or defects in materials, machinery or equipment which could not have been detected by the BUILDER using reasonable care or earthquakes, tidal waves, typhoons, hurricanes, prolonged or unusually severe weather conditions or destruction of the premises or works of the BUILDER or its sub-contractors, or of the VESSEL, or any part thereof, by fire, landslides, flood, lightning, explosion, or delays in the BUILDER’s other commitments resulting from any such causes as described in this Article which in turn directly delay the construction of the VESSEL or the BUILDER’s performance under the CONTRACT (the BUILDER treating this CONTRACT not less favorably than other commitments), or delays caused by the CLASSIFICATION SOCIETY or the BUYER’s faulty action or omission, or other causes beyond the control of the BUILDER, or its sub-contractors, as the case may be, then in the event of delays due to the happening of any of the aforementioned contingencies, the DELIVERY DATE of the VESSEL under this CONTRACT shall be extended for a period of time which shall not exceed the total accumulated time of all such delays provided however that: (i) the delay in respect of which the BUILDER is claiming relief was beyond its reasonable control or that of its employees, suppliers and subcontractors and was not caused or contributed to by any error, neglect, act or omission of the BUILDER or of its agents, employees or subcontractors, nor by any breach of this CONTRACT; (ii) the delay impacts upon the Vessel’s construction schedule and completion; (iii) the BUILDER has shown due diligence in choi...
Delays and Extensions of Time Force Majeure. 6.1. If construction of the Boat is delayed directly or indirectly due to any cause beyond the Builders' reasonable control then the Delivery Date shall be extended by the period of time during which that delaying event operates. 6.2. The Builders shall give the Purchaser written notice of any event in respect of which the Builders claim to be entitled to an extension of time: 6.2.1. within 7 days of its commencement, stating the date on which the delay commenced, the cause of it and its estimated duration; and 6.2.2. within 7 days of its end, stating the date on which it ended and the total period of the extension to the Delivery Date. 6.3. Any dispute arising between the Parties as to the operation of a delaying event shall be adjudicated in accordance with Clause 14.2. 6.4. If the Builders' premises, plant, machinery or equipment shall be so damaged by the operation of a delaying event for which the Builders are not responsible so as to make it impracticable for the Builders to complete the construction of the Boat, the Builders may, at their option (to be exercised within 21 days of the operation of the delaying event), cancel this Agreement by notice in writing to the Purchaser, whereupon the Purchaser shall be entitled by written election either: 6.4.1. to take over and complete the Boat without further liability on the Builders whereupon the Purchaser shall pay to the Builders all sums then due, whether by way of Stage Payments or otherwise; or 6.4.2. to require repayment of all instalments paid by the Purchaser to the Builders and upon such repayment title in the Boat and all materials and equipment appropriated to the Boat shall revert in the Builders.
Delays and Extensions of Time Force Majeure. Neither party shall be liable for failure to perform under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the non performing party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, and freight embargoes. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. (i) Contractor shall consider and include within the Contract Sum the climatic conditions of the location of the Project that may delay the Work. Contractor shall not be granted an extension of Contract Time or amendment of the Contract or Contract Sum for the additional cost of the Project due to a delay in the Work resulting in whole or in part from adverse weather conditions. (ii) Where Contractor is prevented from completing any part of the Work within the Contract Time due to delay beyond the control of Contractor for reasons other than adverse weather conditions, Contractor may be granted an extension of Contract Time and/or amendment of the Contract Sum for additional cost of the Project as provided in this Contract. (iii) Any Change Order Request for extension of time arising out of an event covered under Paragraph 9.J(ii) shall be made in writing to Owner and Professional Service Provider within five (05) days after commencement of the delay; otherwise any claim shall be waived. Such a Change Order Request shall detail the additional time needed resulting from the delay. Owner and Professional Service Provider shall approve only that time reasonably attributed to events covered under Paragraph 9.J(ii). The value of this time shall be calculated by taking the value of general conditions divided by the number of work days. (iv) Contractor understands and agrees that no verbal approval of time extension by Owner, Owner’s Designee, or other agents of Owner (including the Professional Service Provider), either express or implied, shall be binding upon Owner unless and until such approval is expressly ratified in writing by Owner.
Delays and Extensions of Time Force Majeure 

Related to Delays and Extensions of Time Force Majeure

  • DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the progress of the Work by any act or failure to act by the State or the Architect, or by any employee of either, or by any separate contractor employed by the State, or by changes ordered in the Work, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the State pending alternative dispute resolution proceedings, or by any other cause which may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as recommended by the Architect and approved by the State. 8.3.2 Any claim for extension of time shall be made in writing to the Architect not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provisions of the Contract Documents.

  • Delays and Extension of Time If the Contractor is delayed at any time in the progress of providing goods and/or services by an act or neglect of the District, or by changes ordered in the work, or by labor disputes, strikes, insurrections, fire, acts of God; unusual but well documented and excusable delays in performance, or other causes beyond the Contractor’s control, or by delay authorized by the District, then the contract Term of service may be extended by a contract amendment for such reasonable time as the District and the Contractor may agree.

  • Delays and Extensions The CONSULTANT agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately after the CONSULTANT first recognizes the material change.

  • Extension of Time Periods The parties may extend any period of time provided in this Article 7 by mutual agreement.

  • Events of Force Majeure Neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under, or in breach of any provision of, this Agreement for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event Medistem or Licensee, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.