Acts of God or Force Majeure. KCSM will not be liable for losses, damages, missing parts or harm suffered by the Freight or any other breach of the obligations to its charge included in the Xxxx of Lading, due to an act of God or Force Majeure, which include without limitation lightning, hurricanes, earthquakes, land sliding, violence, war, insurrections, derailing, obstructions to tracks, acts of authority, fires, floods, acts of terrorism, strikes, demonstrations or any other circumstance beyond its control and not attributable to KCSM. Likewise, KCSM will be released of all liability in case the User fails to inspect the Railroad Equipment assigned prior to be loaded, and in such case no claim or lawsuit filed for such concepts shall proceed.
Acts of God or Force Majeure. It is expressly understood that the BENEFICIARY shall not be liable for the delay or total or partial non-fulfillment of its obligations, consisting in the performance of the exploration works in terms of this document, as well as of making the payments referred to in section 4 of Clause Second of these Contracts, when such delay or non-fulfillment results from an Act of God or force majeure, this is, from facts or events of nature or man that are unforeseeable or that even in the case they might be foreseen, they cannot be avoided by the BENEFICIARY. In accordance with that indicated in the above paragraph, the parties agree that the events mentioned below, as examples but not in a limitative manner, shall be considered as acts of God or force majeure: accidents such as fire, explosions, flooding, tempests, tremors, epidemics, civil disturbances, labor disturbances, strikes, wars, invasions, oppositions or disturbances caused by rural communities, ejido's communities or any other kind of association legally created or not, as well as oppositions or disturbances caused by any other person impeding the free access of the BENEFICIARY to the LOTS or obstructing the performance of the mining works set forth in this Contract, as well as actions or omissions of any governmental authority, whether Federal, State or Municipal, which include the delay or impossibility to timely obtain such permits required from any governmental authority, individual or corporation, group or entity to carry out the mining works provided for in this document. It is expressly agreed that, should the BENEFICIARY need to obtain permits for the use of explosives from the Ministry of Defense, in order to perform the exploration works on the LOTS, the normal course of the procedure to obtain such permits shall not be considered as force majeure. The aforecited events -without the exception made- shall be considered as acts of God or force majeure, as the case may be, if in the event of occurrence they obstruct or delay, whether totally or partially, the fulfillment of the obligations of the BENEFICIARY, if and when such event is not provoked by an action or omission imputable to the BENEFICIARY itself. In the event that an occurrence takes place causing an act of God or force majeure, the BENEFICIARY shall notify it to the TITLEHOLDER within a term of 30 (thirty) calendar days, counted from the date on which the BENEFICIARY becomes aware of such event. If the act of God or force majeure co...
Acts of God or Force Majeure events of acts of God or force majeure, as defined in article 393 of the Brazilian Civil Code, examples of which are indicated in item 2.7.3. (List of Examples of Acts of God or Force Majeure) below (“Acts of God or Force Majeure”);
Acts of God or Force Majeure. 12.1 Any default or delay in its responsibilities regarding equipment installation, beginning or continuation of services provided by IMPSAT will not generate any liabilities against IMPSAT if such default or delay should result from acts of God or force majeure, being these understood as acts or facts of the government, natural phenomena, or any other circumstances outside IMPSAT's control, including, but not limiting to adverse conditions, whether meteorological or astronomical, communication provider going out of service for whatever reason, either partially or totally, temporarily or definitely, earthquakes, epidemics, civil riots, fires, strikes, war, acts or omissions of the satellite owner.
Acts of God or Force Majeure. The parties shall not be considered in non-compliance when by any Act of God or force majeure any of them is unable to comply with the obligations agreed herein. The following causes shall be considered as force majeure, in an enunciatively but not limited manner: earthquakes, fires, floods, landslides, collapse, demonstrations, wars, strikes, revolutions, acts of authority, mobs, revolts, and, in general, any other act totally out of control from the parties that might prevent them to comply with any of their obligations, totally or partially. When any of the parties becomes affected by any force majeure, and thus unable to comply with its obligations, a written notification should be sent to the other party, reporting the estimated time of such incapability to comply with them. When six months have elapsed from the date a force majeure has occurred and it still persists, the other party shall have the right to terminate this Contract.
Acts of God or Force Majeure. The existence of an act of God or force majeure as provided for under Argentine law shall release the parties from all responsibility for the obligations they have assumed, absent an express reservation to the contrary.
Acts of God or Force Majeure. Neither party shall be responsible for any breach or delay in the performance of their non-financial obligations, as long as such breach or delay is caused, directly or indirectly, by an event beyond the control of Provider or Client, whichever entity breaches (a “Breaching Party”), such as acts of terrorism, earthquakes, floods, fires, epidemics, explosions, riots, civil unrest, war, armed conflict (irrespective of the existence of an official declaration of war or an official declaration regarding the existence of a war), invasion, intervention of military forces, rebellions or revolutions, or as a consequence of any other cause or similar nature beyond the control of the parties and that disallows, obstructs, or delays performance of the obligations of either party. If said circumstance arises, the breach or delay shall be considered as an Act of God or Force Majeure (“Act of God or Force Majeure”). The Breaching Party shall be released from performing its obligations affected by the Act of God or Force Majeure as long as the circumstances that caused the same prevail and reasonable commercial efforts are made to perform its obligations. Provider expressly accepts that, in the event any Act of God or Force Majeure substantially disallows, obstructs, or delays performance of its obligations for over 10 (ten) consecutive calendar days, Client, under no responsibility whatsoever, may early terminate this instrument through a written notice to Provider, and Client shall only be required to pay Provider for all the services performed or goods delivered at the time of such termination within a term not exceeding 15 (fifteen) business days as of the termination date. Except as provided in this section, each party shall continue performing their relevant obligations during the existence of an Act of God or Force Majeure.
Acts of God or Force Majeure. In the event THE GRANTEE at any time during the Option period or after its execution is prevented or delayed to comply with any obligation contained herein by labor strikes, general fuel shortages, fires, war, catastrophe, government regulations restricting regular operations, the specified term for complying with the obligation, shall be extended for the same time such delay persists. THE GRANTEE shall, within thirty (30) days, notify THE GRANTOR of each and every Act of God or force majeure provided herein, and once such event is over, THE GRANTEE shall likewise notify THE GRANTOR in that regards, attaching the details of the number of days during which compliance of the obligations pertaining to THE GRANTEE have been extended as a result of such event.
Acts of God or Force Majeure. This term shall be understood to include, among others: fire, temblors, earthquakes, sea quakes, landslides, avalanches, floods, hurricanes, storms, explosions, unforeseeable acts of God, wars, guerrillas, terrorist acts, acts of sabotage, civil unrest, blockades, uncontrollable transportation delays, strikes, stoppages, impossibility to obtain, in spite of having been foreseen, appropriate facilities for the transportation of materials, licenses, permits, equipment and services, or any other cause, whether similar to or different from those specifically listed herein, which are beyond reasonable control and cannot be foreseen or, in spite of having been foreseen, cannot be avoided.
Acts of God or Force Majeure. None of the Parties hereto shall be held liable for any non-compliance with an obligation, or for the partial, late, or defective compliance therewith, during the time said Party is affected by an Act of God or Force Majeure, provided it proves that such cause prevents it from duly meeting said obligation.
