Common use of Cancellation of Calls Clause in Contracts

Cancellation of Calls. Employer shall give at least thirty-six (36) hours notice of cancellation for all calls. In the event that thirty-six (36) hours notice is not given for the cancellation of a previously arranged call, the Employer shall be billed for one four (4) hour call at the appropriate rate per each employee. In the event that less than eighteen (18) hours notice is given, the Employer shall be billed for all cancelled calls at the appropriate rate not to exceed two (2) four hour calls per each employee. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence. Causes include, without limitation, natural causes (snow, ice, wind storms, etc.), physical disability, the acts or regulations of public authorities, civil tumult, war, epidemic, interruption or delay of transportation service or any case beyond the reasonable control of the Employer or the Union to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt notice, with full details following the occurrence of the cause for any cancellation relied upon.