Enforced Delay; Extension of Time of Performance. Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environmental regulations, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party hereto, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.
Appears in 2 contracts
Sources: Development Agreement, Will Serve Letter
Enforced Delay; Extension of Time of Performance. Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-walk outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environmental regulations, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party hereto, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.
Appears in 1 contract
Sources: Master Plan Development Agreement
Enforced Delay; Extension of Time of Performance. Notwithstanding anything Performance by either party hereunder shall, subject to the contrary contained hereinprovisions of Section 8 (Cooperation in the Event of Legal or Other Challenge) hereof, neither Party shall not to be deemed to be in default where delays in performance or failures to perform defaults are due to, and a necessary outcome of, to war, insurrection, strikes or other labor disturbancesstrikes, walk-outswalkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by other governmental entities, entities enactment of conflicting state or federal laws or regulations, judicial decisions, new or supplemental supplementary environmental regulations, regulations or similar basis for excused performance which is not within the reasonable control of the Party party to be excused. Upon If written notice of such delay is given to either party within thirty (30) days of the request commencement of either Party heretosuch delay, an extension of time for such cause shall will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon.
Appears in 1 contract
Sources: Development Agreement