Common use of EXCUSING CAUSES Clause in Contracts

EXCUSING CAUSES. 9.1. In the event of an Excusing Cause arising: 9.1.1. HYMAX will notify the Client, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause; 9.1.2. the time for HYMAX performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and HYMAX may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis; 9.1.3. any milestone affected by the Excusing Cause (hereinafter referred to as "the Affected Milestone"), as well as all other milestones on the affected critical path of the Affected Milestone, if any, shall be extended by a period equal to the period by which the Affected Milestone is de facto impacted as agreed by the Parties in writing, or, failing agreement as determined in terms of the Dispute Resolution Procedure; 9.1.4. if an amount would have been payable to HYMAX by the Client had it not been due to an Excusing Cause, HYMAX shall be entitled to invoice the Client for work actually completed at a milestone date, notwithstanding the fact that a milestone has not been achieved; and 9.1.5. HYMAX shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.

EXCUSING CAUSES. 9.1. In the event of an Excusing Cause arising: 9.1.1. HYMAX SEACOM will notify the Client, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause; 9.1.2. the time for HYMAX SEACOM performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and HYMAX SEACOM may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis; 9.1.3. any milestone affected by the Excusing Cause (hereinafter referred to as "the Affected Milestone"), as well as all other milestones on the affected critical path of the Affected Milestone, if any, shall be extended by a period equal to the period by which the Affected Milestone is de facto impacted as agreed by the Parties in writing, or, failing agreement as determined in terms of the Dispute Resolution Procedure; 9.1.4. if an amount would have been payable to HYMAX SEACOM by the Client had it not been due to an Excusing Cause, HYMAX SEACOM shall be entitled to invoice the Client for work actually completed at a milestone date, notwithstanding the fact that a milestone has not been achieved; and 9.1.5. HYMAX SEACOM shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.