PERFORMANCE NOT EXCUSED Clause Samples

The "Performance Not Excused" clause establishes that a party's obligations under the contract remain in effect despite certain events or circumstances. In practice, this means that even if unforeseen difficulties arise—such as supply chain disruptions or increased costs—the obligated party must still fulfill their contractual duties unless a specific exception is stated elsewhere in the agreement. This clause serves to allocate risk by making clear that performance is mandatory and cannot be avoided due to typical business challenges, thereby ensuring reliability and predictability in contractual relationships.
PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions Willful Misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or Owner Caused Delay. Notwithstanding anything to the contrary contained herein, Contractor shall not be entitled to any adjustment to the Target Price in respect of demobilization and/or remobilization required as a result of any Force Majeure Event.
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PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions Willful Misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or Owner Caused Delay.
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PERFORMANCE NOT EXCUSED. 66 ARTICLE XV.
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PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or FPL Caused Delay. In addition, a Party shall not be excused under this Article from timely performance of its obligations hereunder to the extent that the claimed Force Majeure Event or FPL Caused Delay was caused by any negligent or intentional acts, errors, or omissions, or for any breach or default of the Contract Documents by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the time period that was extended to the extent such breach or failure occurred prior to the occurrence of the applicable Force Majeure Event or FPL Caused Delay. Notwithstanding anything contained herein to the contrary, Contractor shall not withdraw Contractor’s Equipment and personnel from the Job Site or otherwise demobilize without the prior authorization of FPL. Contractor shall not be entitled to receive reimbursement for its costs of demobilization and/or remobilization as a result of any Force Majeure Event.
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PERFORMANCE NOT EXCUSED. 66 ARTICLE XV. TERMINATION ..................................................................................................66 15.1
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PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Caused Delay. In addition, neither Owner nor Contractor shall be excused under this Article 33 from timely performance of their obligations hereunder to the extent that a claimed Force Majeure Event was caused by any negligent or intentional acts, errors or omissions, willful misconduct or for any breach or default of this Agreement by such Party. Furthermore, no suspension of performance or extension of time shall relieve the Party benefiting therefrom from any liability for any breach of the obligations that were suspended or failure to comply with the
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Related to PERFORMANCE NOT EXCUSED

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.