Common use of Force Majeure Extension Clause in Contracts

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase thereof, and Redeveloper’s non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice.

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase phase thereof, and Redeveloper’s 's non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice.

Force Majeure Extension. For the purposes of this Redevelopment Agreement, neither the Township City nor the Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township City or the Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event. During any Force Majeure Event plus that affects only a reasonable period portion of time not a Project, the Redeveloper shall, to exceed sixty (60) daysthe maximum extent feasible, or such other period continue to perform its obligations for the balance of time which may be agreed to the Project unaffected by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project Force Majeure Event. The existence or affected Phase thereof, and Redeveloper’s non-performance occurrence of such obligation during any such period of time a Force Majeure Event shall not be deemed prevent the City or the Redeveloper from declaring a default or the occurrence of an Event of Default by Redeveloper the other Party if the event that is the basis of its obligations under this Agreementthe Event of Default is not a result of the Force Majeure Event. To invoke the tolling provisions hereunder hereunder, the party invoking the provisions hereof must give written Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling practicable but in no event more than ten (10) Business Days (or such longer period shall be calculated from as is reasonably necessary) after the date of the Noticeoccurrence thereof.

Force Majeure Extension. For the purposes of this Agreement, neither the Township nor Redeveloper shall be considered in breach or in default with respect to its obligations hereunder because of a delay in performance arising from a Force Majeure Event. It is the purpose and intent of this provision that in the event of the occurrence of any such delay, the time or times for performance of the obligations of the Township or Redeveloper shall be extended for the period of the delay; provided, however, that such delay is actually caused by or results from the Force Majeure Event. The time for completion of any specified obligation hereunder shall be tolled for a period of time up to but not exceeding the period of delay resulting from the occurrence of a Force Majeure Event plus a reasonable period of time not to exceed sixty (60) days, or such other period of time which may be agreed to by the Township and the Redeveloper, for Redeveloper to re-mobilize its contractors and agents to complete the Project or affected Phase thereof, and Redeveloper’s non-performance of such obligation during any such period of time shall not be deemed a default by Redeveloper of its obligations under this Agreement. To invoke the tolling provisions hereunder the party invoking the provisions hereof must give Notice to the other party of the occurrence of a Force Majeure Event as soon as practicable. The tolling period shall be calculated from the date of the Notice. In the event the Force Majeure Event is third party litigation, any and all time frames, deadlines, and periods set forth in this Agreement including the Construction Schedule attached hereto as Exhibit D and the Construction Schedule attached to the Amendment to the Phase 1 Financial Agreement as Schedule 1.1 shall be tolled indefinitely until the date of the Final Adjudication of such action. A “Final Adjudication” shall have occurred upon the passing of 10 days from the expiration date of any applicable appeal period of any final judgment entered by a court of competent jurisdiction with no further appeal have been filed with the court.