TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER j: RAILROADS
PART 800 RAIL FREIGHT PROGRAM
SECTION 800.440 FORCE MAJEURE


 

Section 800.440  Force Majeure

 

In the event that the recipient or a contractor is delayed, hindered in, or prevented from the performance of any act required by the contract by reason of any of the following: 

 

a)         strikes, lockouts, labor troubles;

 

b)         unduly harsh weather conditions, not including foreseeable and ordinary adverse weather conditions such as rain and snow, which prevent the normal performance of the rehabilitation project;

 

c)         inability to procure materials;

 

d)         failure of power;

 

e)         riots, insurrection, or war; or,

 

f)         any Act of God;

 

the time of performance of such delayed party may be extended for a time period equal to such delay.