UNEXCUSED DELAY Clause Samples

The "Unexcused Delay" clause defines the consequences and responsibilities when a party fails to meet agreed deadlines without a valid justification. Typically, this clause outlines what constitutes an unexcused delay, such as missing delivery dates or failing to perform contractual obligations due to reasons not covered by force majeure or other excusable events. It may specify remedies like penalties, damages, or the right for the non-breaching party to terminate the contract. The core function of this clause is to allocate risk and incentivize timely performance by holding parties accountable for delays that are within their control.
POPULAR SAMPLE Copied 2 times
UNEXCUSED DELAY. Following submission of a notice of delay, Judicial Council may determine whether Contractor is entitled to an extension of the Contract Time, and, if applicable, an increase in the Contract Price arising from any properly noticed and substantiated delay. In making that determination, Judicial Council will consider the following, based on the evidence submitted by Contractor and any investigations performed by Judicial Council:
View Source
UNEXCUSED DELAY. 14.1.1 In the event that the Service Provider cannot meet the TAT commitment in the Section 7 of Annex 1- Airframe Maintenance Agreement, the Customer has the right to claim, and the Service Provider shall pay the amount agreed to in Section 21 of Annex 1 – Airframe Maintenance Agreement. 14.1.2 Any event which occurs during the performance of the Services and which could potentially cause a Delay shall be timely communicated by the Service Provider to the Customer as soon as the event is known to the Service Provider together with the potential impact on TAT. The Service Provider shall nevertheless strive to meet the scheduled Return Date.
View SourceView Similar (2)
UNEXCUSED DELAY. Any Delay in the path of activities that is critical to Final Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay.
View SourceView Similar (42)
UNEXCUSED DELAY. The term “Unexcused Delay” means a delay that does not entitle Contractor to an adjustment of the Contract Price and/or to an adjustment of the Contract Time, and for which the Judicial Council may impose Liquidated Damages.
View Source
UNEXCUSED DELAY. It is agreed that time is of the essence in the performance of the Design-Build Work. If Substantial Completion has not occurred on or before the Scheduled Substantial Completion Date, the Design-Builder shall be entitled to complete the Substantial Completion Date Conditions in order to secure Substantial Completion of the Project, subject to the City’s right to terminate this Design-Build Contract in accordance with subsection (D) of this Section. During the Extension Period, the Design-Builder shall pay delay liquidated damages, as and to the extent provided in subsection (C) of this Section.
View Source
UNEXCUSED DELAY. Any Delay in the path of activities that is critical to Substantial Completion of the Work within the Contract Time and which Delay is not attributable to the City. An Unexcused Delay shall not entitle DBE to either an extension of the Contract Time or an adjustment of the Contract Sum. To the extent an Unexcused Delay is concurrent with an Excused Delay, the Excusable Delay shall be conclusively deemed an Unexcused Delay. WORK: All labor, materials, equipment, services, permits, fees, licenses and taxes, and all other things necessary for DBE to perform its obligations and to fully design and construct the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.
View Source

Related to UNEXCUSED DELAY

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • Payment Delay Notwithstanding any other terms of this Agreement, no payments will be made to CONTRACTOR until COUNTY is satisfied that work of such value has been rendered pursuant to this Agreement. However, COUNTY will not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.