Common use of Termination for Excusable Delay Clause in Contracts

Termination for Excusable Delay. (a) Customer may, upon written notice to Contractor, immediately terminate this Agreement, if and when it becomes reasonably certain that the aggregate of Excusable Delays will [**Redacted**]. (b) In the event of termination under this Article 25.3, Contractor shall be entitled to the lesser of (i) the actual costs incurred plus a profit equal [**Redacted**] or (ii) the Termination Liability Amount specified in Exhibit 3; in either case less the sum of all amounts received by Contractor in cash or cash equivalent under this Agreement. (c) In the event of termination under this Article, the Customer shall be entitled to take delivery of all deliverable items per Exhibit 1, in their current condition of development /assembly. Delivery of these items will be subject to the payment of all amounts due and payable at the time of termination.” Customer and Contractor agree to negotiate reasonable storage and delivery methods, costs, and terms. (d) In the event it is determined by arbitration pursuant to Article 21 or by written agreement of the Parties that Customer wrongfully terminated this Agreement under this Article 25.3, such termination shall be considered a Termination for Convenience by Customer and the provisions of Article 25.1 shall apply.