Common use of FORCE MAJEURE AND EXCUSABLE DELAY Clause in Contracts

FORCE MAJEURE AND EXCUSABLE DELAY. NASA shall perform the requirements of this Consent Order in the manner and within the time limits set forth herein, unless the performance is prevented or delayed by events which constitute a force majeure. NASA shall have the burden of proving such a force majeure. A force majeure is defined as any event arising from causes beyond the control of NASA, that delays or prevents the performance of any obligation under this Consent Order despite NASA’s best efforts to fulfill the obligation. The requirement that NASA exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event: (1) as it is occurring, and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. Such events do not include increased costs of performance, changed economic circumstances, reasonably foreseeable weather conditions or weather conditions which could have been overcome by due diligence, or failure to obtain federal, state, or local permits. 121. NASA shall notify EPA, in writing, within seven (7) days after it becomes or should have become aware of any event which NASA claims constitutes a force majeure. Such notice shall