Act of God or Force Majeure definition

Act of God or Force Majeure has the meaning set forth in Section 27(a).
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Act of God or Force Majeure means any fact or circumstance which prevents the affected Party from performing its obligations under this Contract if such fact or circumstance is beyond the reasonable control of such Party and does not result from its intentional conduct or fault, provided that such Party has not been able to avoid or overcome such fact or circumstance by the exercise of due diligence. Subject to satisfaction of the foregoing conditions, Act of God or Force Majeure shall include, without limitation, the following acts or events preventing the affected Party from performing its obligations under this Contract: natural phenomena such as storms, hurricanes, floods, mudslides, lightning and earthquakes; fires; acts of war (whether or not declared); civil disturbances, riots, insurrections, sabotage and terrorism; disasters in the transportation of Materials; restrictions due to quarantines, epidemics, strikes or other labor disputes not resulting from a breach of any labor agreement by the affected Party. It is expressly understood that Act of God or Force Majeure (i) shall not include economic hardship or change in market conditions (including difficulties in obtaining funds or financing) and (ii) shall not exempt the Contractor from environmental liability under the Applicable Laws.
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Act of God or Force Majeure. An "act of God" or "force majeure" is defined for purposes of this Lease as strikes, lockouts, sitdowns, material or labor restrictions by any governmental authority, unusual transportation delays, riots, floods, washouts, explosions, earthquakes, fire, storms, weather (including wet grounds or inclement weather which prevents construction), acts of the public enemy, wars, insurrections and any other cause not reasonably within the control of Lessor and which by the exercise of due diligence Lessor is unable, wholly or in part, to prevent or overcome.
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Examples of Act of God or Force Majeure in a sentence

  • The Fund shall provide and announce the mechanisms to receive such reports in cases where the Operator is not able to file or execute them for reasons of Act of God or Force Majeure.

  • The Exploration Periods and Appraisal Periods shall be extended pursuant to this Article 22.3 only when the relevant Act of God or Force Majeure affects the Exploration and Appraisal activities, as the case may be, for more than thirty (30) Days over such periods.

  • Except as provided in this Contract, the Parties shall resume performance of their obligations as soon as the Act of God or Force Majeure ceases.

  • Lessor shall not be required to perform any covenant or obligation in this Lease, or be liable in damages to Lessee, so long as the performance or non-performance of the covenant or obligation is delayed, caused by or prevented by an Act of God or Force Majeure.

  • None of the Parties shall be liable for any failure, suspension or delay in the performance of its obligations hereunder if such failure, suspension or delay has been caused by Act of God or Force Majeure.

  • The Party invoking the Act of God or Force Majeure shall have the burden of proof with respect thereto.

  • For greater certainty and without limitation, an event of Force Majeure under the Offtake Agreements, shall to the extent applicable, constitute an Act of God or Force Majeure under this Agreement.

  • If, as a result of Act of God or Force Majeure, the performance of the Petroleum Activities has been interrupted for a continuous period of two (2) Years or more, CNH and the Contractor shall have the right to terminate this Contract without liability by giving written notice to the other Party.

  • ACT OF GOD OR FORCE MAJEURE 54 22.1 Act of God or Force Majeure 54 22.2 Burden of Proof 54 22.3 Extension of Work Program; Extension of Term of Contract 54 22.4 Right of Termination 54 22.5 Emergency or Disaster Situations 55 ARTICLE 23.

  • The Party that receives notice of Act of God or Force Majeure shall inform the other Party whether or not it accepts the declaration of Act of God or Force Majeure within no more than thirty (30) Days from receipt of the notice of Act of God or Force Majeure containing complete information.


More Definitions of Act of God or Force Majeure

Act of God or Force Majeure means any act or event that makes it impossible for the affected party to fulfill its obligations under this Contract, if such act or event is unpredictable, beyond reasonable control and does not result from any fault or negligence by the affected party and it has not been possible for that party to overcome such act or event by assuming diligent action. Subject to satisfying the conditions established in the above phrase, an Act of God or Force Majeure will include but not be limited to the following acts or events, or any similar acts or events that prevent the affected party from fulfilling its obligations under this Contract: (a) phenomena of nature, such as storms, floods and earthquakes; (b) wars, civil disturbances, riots, insurrections, sabotage and commercial attachments; (c) transportation disasters, either by sea, railway, air or land; (d) strikes or other labor disputes in Mexico not derived from the affected party's default of any labor contract; (e) acts or omissions by a Government Authority not voluntarily induced or encouraged by the affected party, nor resulting from any default of its obligations; (f) fire; (g) impossibility for the affected party despite its best efforts, to duly obtain any Permit from any Government Authority, for such party to fulfill its obligations under this Contract; and (h) variations in financial costs according to Clause 27.5 of this Contract. It is expressly understood that an Act of God or Force Majeure will not include any of the following events: (i) economic difficulty (including without limitation, voluntary bankruptcy or suspension of payments proceedings) other than the event referred to in paragraph (h) of this definition; (ii) change in the market conditions other than the event referred to in paragraph (h) of this definition; or (iii) delay in delivery of materials, as long as such delay was not caused by an Act of God or Force Majeure within the scope of this definition.
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Act of God or Force Majeure. Neither OTECEL nor STIMM will be responsible for default on their obligations hereunder if such default is due to the occurrence of events of force majeure or act of God, which subject to the definition set forth in the law (Civil Code, article 30) include, inter alia, acts of war, earthquakes, floods, mutinies or any other facts or acts beyond the control of the affected party, especially in the following cases: default on the shipping of the product by manufacturers or providers which cannot be reasonably foreseen in spite of using the necessary diligence; or legal regulatory or force majeure reasons which obligate OTECEL STIMM CIA. LTDA. INTELLIGENT TECHNOLOGY SOLUTIONS FOR THE MOBILE MARKET [***] Denotes Confidential Treatment Requested [BELLSOUTH LOGO]
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Act of God or Force Majeure means the extraordinary, unpredictable, unavoidable and irresistible, or predictable event, however of incalculable consequences, outside the PARTIES, whose delaying or impeding effects of the contractual performance were not possible to avoid or prevent, arising from human acts in fortuitous cases, such as, without limitation, acts of war, hostilities or invasion, subversion, protests, rebellion, or terrorism, and facts beyond the human will, and Force Majeure, such as, without limitation, epidemics, atomic radiation, fire, lightning, severe floods, monthly rains averaging over the last 10 (ten) years for the respective month, cyclones, earthquakes and other natural cataclysms, which directly affect the activities included in the CONCESSION in accordance with the provisions of Article 393, Sole Paragraph, of the Brazilian Civil Code;
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Related to Act of God or Force Majeure

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Act of God means a cataclysmic phenomenon of nature, including earthquake, flood or cyclone. Rain, snow, wind, high water or any other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the City, shall be deemed not to be acts of God;

  • Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Force Majeure Exception means any failure or delay in the performance of the Issuer's reporting obligation pursuant to Section 2.4 arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; flood; terrorism; wars and other military disturbances; sabotage; epidemics; riots; loss or malfunctions of utilities, computer (hardware or software) or communication services; accidents; acts of civil or military authority and governmental action. The Issuer shall use commercially reasonable efforts to commence performance of its obligations during any of the foregoing circumstances.

  • Force Majeure Failure has the meaning set forth in Section 8.1(d).

  • Force Majeure Period has the meaning specified in Section 13.1.

  • Event of Force Majeure means one of the following events:

  • Force Majeure Report means a report to be given by the Affected Party to the other party following the giving of a Force Majeure Notice;

  • Catastrophic illness or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Catastrophic injury or illness means a life-threatening injury or illness of an employee or a member of an employee's immediate family that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the state for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic.

  • Force Majeure Notice means a notice to be given by the Affected Party to the other party stating that a Force Majeure Event has occurred;

  • Excused Outage means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,

  • Essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. "Essential functions" does not include the marginal functions of the position.

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Epidemic means a sudden development and rapid spreading of a contagious disease in a region where it developed in a simply endemic state or within a previously unscathed community.

  • Excused Downtime means the number of minutes in the Charging Period, rounded to the nearest minute that the link state of Customer’s Port is ‘down’ due to:

  • Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

  • Acute toxicity means concurrent and delayed adverse effects that result from an acute exposure and occur within any short observation period, which begins when the exposure begins, may extend beyond the exposure period, and usually does not constitute a substantial portion of the life span of the organism.

  • Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

  • Sabotage means deliberate damage, with malevolent intent, to a Category 1 or Category 2 quantity of radioactive material, a device that contains a Category 1 or Category 2 quantity of radioactive material, or the components of the security system.