Common use of Excuse for Nonperformance or Delayed Performance Clause in Contracts

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers performance) if the Contractor has notified the MDFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract requirements. Upon request of the Contractor, the MDFA shall ascertain the facts and extent of such failure, and, if the MDFA determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor 's progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the MDFA Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA Agency Head or designee shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor 's Contractor’s progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled in fixed-price contracts, “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the MDFA DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA DFA shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor Contractor's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause of this Contract entitled ( in fixed-price contracts, “Termination for Convenience,” in cost-reimbursementcontracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers performance) if the Contractor has notified the MDFA DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA DFA shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causesclauses, and that, but for the excusable cause, the Contractor Contractor's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause of this Contract contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor Vendor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (including any failure by the Contractor Vendor to make progress in the prosecution of the work hereunder which endangers performance) if the Contractor Vendor has notified the MDFA DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State state and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor Vendor to meet the Contract contract requirements. Upon request of the ContractorVendor, the MDFA DFA shall ascertain the facts and extent of such failure, and, if the MDFA DFA determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor Vendor's progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier)".

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the MDFA STF Director or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA STF Director or designee shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor 's Contractor’s progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “Termination for Convenience”. (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the MDFA DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA DFA shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor Contractor's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause of this Contract entitled ( in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractorsSubcontractors, the Contractor TPA shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor TPA to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor TPA has notified the MDFA DFA within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes similar to those set forth above, the Contractor TPA shall not be deemed to be in default, unless the services to be furnished by the subcontractor Subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor TPA to meet the Contract contract requirements. Upon request of the ContractorTPA, the MDFA DFA shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor TPA's progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State DFA under the clause of this Contract entitled ( in fixed-price contracts, “Termination for Convenience,” in cost- reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the The Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms (terms, including any failure by the Contractor to make progress in the prosecution of the work performance hereunder which endangers such performance) , if the Contractor has notified the MDFA Agency procurement officer within 15 fifteen (15) days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the a public enemy; acts of the State and any other governmental entity body in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the goods and services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract requirementsrequirements of the Contract. Upon request of the Contractor, the MDFA Agency procurement officer shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor 's Contractor’s progress and performance would have met the terms of the Contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled “Termination for Convenience”Contract. (As used in this Paragraph of this clauseparagraph, the term “"subcontractor” " means subcontractor at any tier).

Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this Contract contract in accordance with its terms (including any failure by the Contractor to make progress in the prosecution of the work hereunder which endangers such performance) if the Contractor has notified the MDFA Agency Head or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the Contractor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the Contractor to meet the Contract contract requirements. Upon request of the Contractor, the MDFA Agency Head or designee shall ascertain the facts and extent of such failure, and, if the MDFA such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor 's Contractor’s progress and performance would have met the terms of the Contractcontract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause of this Contract entitled (in fixed- price contracts, “Termination for Convenience” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).