delays clause, by contrast, covers delays that will not typically arise during the performance of the contract, such as “acts of God, or of the public enemy, acts of Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather.” 10 C.F.R. § 961.11 Art. IX.A. Maine Yankee and Northern States Power II therefore present no obstacle to defendant’s invocation of the unavoidable delays clause as a defense to plaintiffs request for damages. IV. Conclusion For the reasons set forth above, defendant’s Motion for Leave to File Amended Answer and Affirmative Defense is granted in part and denied in part. Defendant is hereby ordered to file a revised amend 1343, 1348 (Fed.Cir.2006) (<HOLDING>). 4 . In Southern Nuclear, the Federal Circuit
holding that causes of actions against directors of corporations for breach of fiduciary duty are contract actions holding that court of claims has jurisdiction over actions for breach of standard contract holding that a cause of action for breach of contract accrues at the time of the breach recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract holding that the court had no jurisdiction over an alleged breach of a plea agreement