Excusable Delays

Excusable Delays. Means (i) based on Contractor's extensive experience in constructing projects of similar scope and complexity, based on Contractor's representations and other terms contained in Section 5.10 of this Agreement, and based on and taking into account the Technical Studies and Reports, unforeseeable and/or unanticipatable Delays in the Work which are beyond Contractor's control and caused by unusually excessive rain or other unforeseeable excessive inclement weather, unforeseeable material... shortages, fire, earthquake, riot, industry-wide labor disputes affecting the general Las Vegas, Nevada area and not limited to the Project (and not a jurisdictional dispute), national or state emergencies, acts of war or government moratorium, or (ii) delays that are the fault solely of Owner, but only if such delays affect critical path items and only after written notice from Contractor to Owner of such delay and Owner's failure to cure such delay within five (5) business days after receipt of such written notice from Contractor, all in accordance with and subject to Section 4.2.5 of this Agreement. View More