Common use of PERFORMANCE NOT EXCUSED Clause in Contracts

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.

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 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.

PERFORMANCE NOT EXCUSED. The payment of money owed shall not be excused because of a Force Majeure Event or Owner Company Caused Delay. In addition, neither Owner nor Contractor a Party shall not be excused under this Article 33 XIV from timely performance of their its obligations hereunder to the extent that a the claimed Force Majeure Event or Company Caused Delay was caused by any negligent or intentional acts, errors errors, or omissions Willful Misconduct omissions, or for any breach or default of this Agreement 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 Owner Company Caused Delay. Notwithstanding anything contained herein to the contrary contained hereincontrary, Contractor shall not withdraw Contractor’s Equipment and Personnel from the Job Site or otherwise demobilize without the prior authorization of Company. Contractor shall be entitled to any adjustment to the Target Price in respect receive reimbursement for its reasonably incurred costs of a demobilization and/or remobilization required as a result of any Force Majeure Event.

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 a Party shall not be excused under this Article 33 from timely performance of their its obligations hereunder to the extent that a the claimed Force Majeure Event or Owner Caused Delay was caused by any negligent or intentional acts, errors errors, or omissions Willful Misconduct omissions, 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 contained herein to the contrary contained hereincontrary, Contractor shall not be entitled to receive any adjustment to the Target Price in respect of reimbursement or compensation for demobilization and/or remobilization required as a result of any Force Majeure Event.