Common use of Extension of Times of Performance Clause in Contracts

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; acts or failures to act of the City or any other public or governmental agency or entity (other than the acts or failures to act of Authority which shall not excuse performance by Authority); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Authority and Developer. Notwithstanding any provision of this

Appears in 1 contract

Sources: Disposition and Development Agreement

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; civil disturbances; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure or delays in securing necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; delays due to the existence or remediation of Hazardous Materials (other than as provided in this Agreement); acts or omissions of the other Party; acts or failures to act of the City City, acting in its governmental capacity, or any other public or governmental agency Buyer or entity (other than the acts or failures to act of Authority Buyer hereunder which shall not excuse performance by Authority▇▇▇▇▇); or any other causes inability or cause beyond the control or without the fault of the party Party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice Notice by the Party claiming such extension is sent to the other party Party within thirty (30) days of the commencement of the cause. If such Notice is delivered after such thirty (30) day period, the extension period shall commence to run from the date of such Notice. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Authority Buyer and DeveloperCity. Notwithstanding any provision The Parties agree to consider requests for such extensions in good faith and with an intent to cooperate toward the implementation of thisthe activities contemplated by this Agreement.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weatheradverse weather conditions; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Partyparty; or acts or failures to act of the City City, Responsible Agency or any other public or governmental agency or entity (other than except that the acts or failures to act or delay of Authority which the Successor Agency or City shall not excuse performance by Authoritythe City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Authority the Director and Developer. Notwithstanding any provision of thisthis Agreement to the contrary, the lack of funding to complete the Required Improvements shall not constitute grounds of enforced delay pursuant to this Section 602. Transfers of Interest in Site or Agreement.

Appears in 1 contract

Sources: Disposition and Development Agreement

Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine; restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other Party; acts or failures to act of the City or any other public or governmental agency or entity (other than the acts or failures to act of Authority Agency which shall not excuse performance by AuthorityAgency); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Authority Agency and Developer. Notwithstanding any provision of this.

Appears in 1 contract

Sources: Disposition and Development Agreement