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.
Appears in 2 contracts
Sources: Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
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, nor shall such suspension or extension relieve such Party from any liability for failure to comply with the time period that was extended.
Appears in 2 contracts
Sources: Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.), Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.)