Common use of DELAYS AND FORCE MAJEURE Clause in Contracts

DELAYS AND FORCE MAJEURE. 28.1 Contractor shall, in writing, promptly and in no event later than three (3) days after Contractor identifies the delay, advise, and thereafter keep advised, Owner concerning any delay or additional delay in the Work. If Contractor fails to advise Owner within such 3-day period, Contractor shall not be granted schedule relief to the extent the failure prevented Owner from mitigating the effects of the delay discovered by Contractor. 28.2 Neither Party shall be liable for its failure to perform any of its obligations hereunder during any period in which performance is delayed by force majeure events including fires, floods, earthquakes, or other natural disasters, wars, strikes, labor lock-outs, union disputes, embargos, riots, the intervention of any government authority, or other event that is out of the reasonable control of the affected Party excepting any obligation of either Party to make payments in connection with the Work, provided that the Party suffering such delay immediately notifies the other Party in writing of the delay. Weather that is not abnormally severe for the period of time when, and area where, such event occurs shall not be a force majeure event. Neither Party shall be relieved of liability for failure of performance due to a claimed force majeure hereunder if such failure is due to causes arising out of its own negligence or to removable or remediable causes that it fails to remove or remedy with reasonable dispatch. If the performance of Contractor is delayed for force majeure for a period of thirty (30) consecutive days or more, Owner may terminate this Contract by notice to Contractor and Contractor shall be paid for all Work executed through the date of termination as per Schedule of Prices (Exhibit D) or Change Orders agreed, excluding any defective Work, and for Demobilization as specified in the Schedule of Prices (Exhibit D) or a pro rata portion thereof if a part of this Contract is terminated. In the event Owner does not terminate this Contract due to a force majeure, then (i) the time for performance or cure will be extended for a period equal to the duration of the force majeure, (ii) Contractor shall be reimbursed for all costs incurred pursuant to Section 29.3, and (iii) Contractor shall provide Owner with Contractor's plan to proceed under the terms of this Contract notwithstanding the force majeure. 28.2.1 Should any governmental agency intervene or suspend the Project due to Contractor's failure to complete Work in accordance with this Contract, Contractor agrees that it shall remain on the Project until such time as the governmental agency is satisfied with Contractor's performance. Any delays or suspensions related to Contractor's failure to perform shall not constitute a force majeure event.

DELAYS AND FORCE MAJEURE. 28.1 Contractor shall(a) On time performance is a material condition of this Order and failure to perform according to the delivery schedule in this Order, in writingif unexcused, promptly and in no event later than three (3) days after Contractor identifies the delay, advise, and thereafter keep advised, Owner concerning any delay or additional delay in the Workshall be considered a material breach. If Contractor fails to advise Owner within such 3-day period, Contractor Acceptance of late deliveries shall not be granted schedule relief constitute waiver of this Section 10, Delays and Force Majeure. ▇▇▇▇▇ also reserves the right to refuse or return at Seller’s risk and expense shipments made in excess of this Order or in advance of required schedules, or to defer payment on advance deliveries until scheduled delivery dates. (b) Seller shall notify Buyer in writing immediately of any actual or potential delay to the extent the failure prevented Owner from mitigating the effects performance of the delay discovered by Contractorthis Order. Such notice shall include a proposed revised schedule but such notice and proposal or ▇▇▇▇▇’s receipt or acceptance thereof shall not constitute a waiver to Buyer’s rights and remedies hereunder. 28.2 Neither Party (c) Except for a default of Seller’s subcontractor at any tier, neither Buyer nor Seller shall be liable for its any failure to perform due to any cause beyond its reasonable control and without its fault or negligence. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in its obligations hereunder during any period in which performance is delayed by force majeure events including sovereign or contractual capacity, fires, floods, earthquakesepidemics, or other natural disastersterrorism, warsquarantine restrictions, strikes, labor lock-outs, union disputes, embargos, riots, the intervention of any government authority, or other event that is out of the reasonable control of the affected Party excepting any obligation of either Party to make payments in connection with the Work, provided that the Party suffering such delay immediately notifies the other Party in writing of the delay. Weather that is not abnormally severe for the period of time whenfreight embargoes, and area where, such event occurs shall not be a force majeure event. Neither Party shall be relieved of liability for failure of performance due to a claimed force majeure hereunder if such failure is due to causes arising out of its own negligence or to removable or remediable causes that it fails to remove or remedy with reasonable dispatch. If the performance of Contractor is delayed for force majeure for a period of thirty (30) consecutive days or more, Owner may terminate this Contract by notice to Contractor and Contractor shall be paid for all Work executed through the date of termination as per Schedule of Prices (Exhibit D) or Change Orders agreed, excluding any defective Work, and for Demobilization as specified in the Schedule of Prices (Exhibit D) or a pro rata portion thereof if a part of this Contract is terminatedunusually severe weather. In the event Owner does not terminate that performance of this Contract due to a force majeureOrder is hindered, delayed or adversely affected by causes of the type described above (“Force Majeure”), then the Buyer or Seller whose performance is so affected shall so notify the other party authorized representative in writing promptly but no later than fourteen (i14) days after the time for performance party became aware, or cure will be extended for a period equal to the duration should have become aware of the force majeureevent of Force Majeure and, (ii) Contractor shall at Buyer’s option, this Order may be reimbursed for all costs incurred pursuant completed with such adjustments to Section 29.3, and (iii) Contractor shall provide Owner with Contractor's plan to proceed under delivery schedule as may reasonably be required by the terms existence of this Contract notwithstanding the force majeureForce Majeure. 28.2.1 Should any governmental agency intervene or suspend the Project due to Contractor's failure to complete Work in accordance with this Contract, Contractor agrees that it shall remain on the Project until such time as the governmental agency is satisfied with Contractor's performance. Any delays or suspensions related to Contractor's failure to perform shall not constitute a force majeure event.