Specifications

7
12.) Force Majeure
Force Majeure: The time for performance hereunder shall be extended for any delay or default in
performing hereunder if such delay or default is caused by conditions beyond the Contractor’s control
including, but not limited to Acts of God, natural disasters (earthquakes, hurricanes, floods), wars or riots,
or performance failures of parties beyond the control of the Contractor (e.g., disruptions in utility services
attributable to the provider or labor actions by employees of a common carrier). Such extensions shall be
day for day of the delay. Such extension shall only take effect if the Contractor shall give the Town
prompt written notice following their first knowing of the occurrence causing the delay. Such notice shall
include the cause of the delay, the anticipated length of the delay, the alternatives that could be considered
to keep the project on schedule, and the action the Contractor is taking, notwithstanding the instant
matter, to otherwise honor its end delivery date obligation.
The extension shall remain in place only to the extent that, on a seven day basis, the Contractor shall
update this information and show a good faith prosecution of the remainder of the work that is not
dependent upon the matter causing the delay.
A dispute with copyright owners or trademark infringements, contractor labor disputes, software or server
delays, the obtaining of licenses or approvals other than those of the Town, or a delay in the delivery of
parts that could have been available had they been ordered at the earliest possible moment shall not be
considered to be a force majeure cause for extension.