the occurrence of the Force Majeure Event), when and to the extent the
failure of performance shall be caused by a Force Majeure Event.
If either
Party is rendered wholly or partly unable to perform its obligations under the
Contract Documents because of a Force Majeure Event, such Party will be excused
from performance affected by the Force Majeure Event to the extent and for the
period of time so affected; provided that:
(A)
THE NONPERFORMING PARTY, WITHIN FORTY-EIGHT (48) HOURS AFTER THE
NONPERFORMING PARTY ACTUALLY BECOMES AWARE OF THE OCCURRENCE AND IMPACT OF THE
FORCE MAJEURE EVENT, GIVES THE OTHER PARTY WRITTEN NOTICE DESCRIBING THE EVENT
OR CIRCUMSTANCE IN DETAIL, INCLUDING AN ESTIMATION OF ITS EXPECTED DURATION AND
PROBABLE IMPACT ON THE PERFORMANCE OF THE AFFECTED PARTY'S OBLIGATIONS HEREUNDER
AND CONTINUES TO FURNISH TIMELY REGULAR REPORTS WITH RESPECT THERETO DURING THE
CONTINUATION OF AND UPON THE TERMINATION OF THE FORCE MAJEURE EVENT;
(B)
THE SUSPENSION OF PERFORMANCE IS OF NO GREATER SCOPE AND OF NO
LONGER DURATION THAN IS REASONABLY REQUIRED BY THE FORCE MAJEURE EVENT;
(C)
THE OBLIGATIONS OF EITHER PARTY THAT AROSE BEFORE THE OCCURRENCE
CAUSING THE SUSPENSION OF PERFORMANCE AND THE PERFORMANCE THAT IS NOT PREVENTED
BY THE OCCURRENCE, SHALL NOT BE EXCUSED AS A RESULT OF SUCH OCCURRENCE;
(D)
THE NONPERFORMING PARTY USES ITS BEST EFFORTS TO REMEDY ITS
INABILITY TO PERFORM AND MITIGATE THE EFFECT OF SUCH EVENT AND RESUMES ITS
PERFORMANCE AT THE EARLIEST PRACTICAL TIME AFTER CESSATION OF SUCH OCCURRENCE OR
UNTIL SUCH TIME THAT PERFORMANCE IS PRACTICABLE;
30
(E)
WHEN THE NONPERFORMING PARTY IS ABLE TO RESUME PERFORMANCE OF ITS
OBLIGATIONS UNDER THE CONTRACT DOCUMENTS, THAT PARTY SHALL GIVE THE OTHER PARTY
WRITTEN NOTICE TO THAT EFFECT; AND
(F)
DESIGN-BUILDER SHALL BE ENTITLED TO A DAY-FOR-DAY TIME EXTENSION
FOR THOSE EVENTS SET FORTH IN SECTION 12.1 TO THE EXTENT THE OCCURRENCE OF SUCH
EVENT DELAYED DESIGN-BUILDER'S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS
AGREEMENT.
12.3
Change in Legal Requirements.
The Contract Price and/or the
Contract Time(s) shall be adjusted to compensate Design-Builder for the effects
of any changes to the Legal Requirements that occur after the date of this
Agreement and as a result of such change, the performance of the Work is
adversely affected.
Such effects may include, without limitation, revisions
Design-Builder is required to make to the Construction Documents because of
changes in Legal Requirements.
12.4
Time Impact And Availability.
If the Design-Builder is delayed at
any time in the commencement or progress of the Work due to a delay in the
delivery of, or unavailability of, essential materials or labor to the Project
as a result of a significant industry-wide economic fluctuation or disruption
beyond the control of and without the fault of the Design-Builder or its
Subcontractors which is experienced or expected to be experienced by certain
markets providing essential materials and equipment to the Project during the
performance of the Work and such economic fluctuation or disruption adversely
impacts the price, availability, and delivery timeframes of