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 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.
Act of God or Force Majeure. An “Act of God” or “Force Majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, 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 Landlord and which by the exercise of due diligence Landlord is unable, wholly or in part, to prevent or overcome.
Act of God or Force Majeure. (a) The Producer or the Technician may terminate a Deal Memorandum without any penalty or liability in any case where the contract cannot be performed because of an Act of God or Force Majeure.
(b) The Producer, Technician or the Union may grieve the termination of a Technician's Deal Memorandum because of an Act of God or Force Majeure under Article 16.03(a) through the procedures set out in this Agreement and the burden of proving that the termination was because of an alleged Act of God or Force Majeure shall be on the person terminating the Deal Memorandum.
Act of God or Force Majeure. If any of the Parties cannot fulfill any of its obligations under this Agreement owing to Acts of God or Force Majeure, pursuant to the sole paragraph of Article 393 of the Civil Code, this Agreement shall remain in force, provided that the Party affected by said event shall not be liable for the consequences of its default solely and exclusively while said event lasts and in proportion to the effects of said event, except as provided below.
12.1. Either Party may rescind this Agreement if an Act of God or Force Majeure occurs that prevents its performance, by either Party, for a period exceeding sixty (60) calendar days, without any Party having the right to claim against the other any loss or damage or any penalty provided for in this Agreement.
12.2. No Act of God or Force Majeure event shall exempt the affected Party from any of its obligations due before or after the occurrence of the respective event or that have arisen before it, even if they expire over or after the event of Act of God or Force Majeure.
12.3. Parties hereby acknowledge that the following events will not be considered as Acts of God or Force Majeure for the purposes of this Agreement:
(i) problems and/or economic-financial difficulties of either Party, including the reduction of power consumption by the PURCHASER;
(ii) any consequences arising from noncompliance with laws;
(iii) insolvency, dissolution, bankruptcy, reorganization, extinction, or similar event of a PARTY or of Third Party;
(iv) strikes and/or work interruptions or measures having a similar effect, of employees and contractors of either Party and/or their subcontractors, accordingly;
(v) CCEE’s refusal to proceed with the accounting and/or settlement of this Agreement, caused by proven action or omission of either Party;
(vi) fluctuations in PLD established by CCEE for the valuation of transactions traded in the short-term market, as well as changes in its calculation methodology and/or the maximum PLD and minimum PLD thresholds; and
(vii) the failure of either Party to obtain any necessary authorization from a governmental authority.
Act of God or Force Majeure. Neither Party will be liable for non-compliance with its contractual obligations as a result of a fortuitous event or force majeure, under the terms of the Civil Law in force, and for that purpose, it must immediately communicate the occurrence of such fact to the other Party and inform the harmful effects of the event.
Act of God or Force Majeure. In case of act of god or force majeure that prevents the execution of this Contract, both Parties shall not be responsible for one another for the non compliance of their obligations in terms of this document, provided that such noncompliance derives from such act of god or force majeure.
Act of God or Force Majeure. Neither Party shall be liable for failure to comply with an obligation, or partial, later or defective compliance therewith, during any period in which that Party is affected by Act of God or Force Majeure, provided it can prove that Act of God or Force Majeure has prevented due compliance.
Act of God or Force Majeure. An “act of God” or “force majeure” is defined for purposes of this Lease as strikes, lockouts, sit-downs, 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, terrorist attacks, insurrections, and/or any other cause not reasonably within the control of Lessor or Lessee or which by the exercise of due diligence Lessor or Lessee is unable wholly or in part, to prevent or overcome.
Act of God or Force Majeure. If Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war, terrorism, or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. This Section 13.10 shall not be applicable to any payments of money due from either party (including without limitation Tenant’s Rent payments).
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.
