Cases of Force Majeure. Notwithstanding anything herein-before contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of all its obligations regarding the same. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Said Apartment/Building includes minor hairline cracks and/or deflection on the external and internal walls, joint of walls, columns (might be due to but not limited to different materials having different coefficient of expansion and contraction) which happens due to variation in temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to appoint an expert who shall be a nominated surveyor to be nominated by the Architect/Engineer of the said building, who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed, the cost of which to be borne by the Allottee.
Cases of Force Majeure. Except expressly provided in this Agreement, any Party shall be deemed in violation of the terms of this Agreement if that proves that the failure to implement their obligations is caused by a Force Majeure case. For the purposes of this Agreement Force Majeure as defined on article 1 of this agreement includes (but not being limited) the following cases: - Defect in communication or defect in TSO computer systems which prevents the Claiming Party to fulfill the delivery or distribution obligations; - Suspension from TSO delivery or ignoring the obligations for the programs / schedule that the Claiming Party has based on the Contract; - An event or a natural or social act occurred in the country such as earthquakes, cyclones, floods, volcanic eruptions, fires, war, armed conflicts, rebellions, terrorist acts, which impede the Party to fulfill its obligations under the license, as well as other acts or events, which are beyond the control of the Party and not possible to be blamed for her party is unable to eliminate them, although properly exercised skill, effort and care of her.
Cases of Force Majeure. 1. Deltavorm is not required to meet any obligation under the agreement, if it is prevented to do so due to a circumstance that is not attributable to Deltavorm as a force of law, legal act or generally accepted practice. This shall also include a breach of a valid agreement, between Deltavorm and an engaged third party, which cannot be attributed to Deltavorm and obstructs the fulfillment of the agreement between Deltavorm and the client.
2. During the force majeure event the obligations of the parties are suspended. If the force majeure lasts longer than three months, both parties are entitled to terminate the agreement without any party being entitled to claiming any compensation.
3. If Deltavorm already fulfilled its obligations partially, or can only partially fulfill its obligations during the onset of the force majeure situation, Deltavorm is entitled to separately invoice the work already performed, respectively the executable part of the agreement, as if it were an independent agreement.
Cases of Force Majeure. 15.1 If either party is unable to perform a contractual obligation due to force majeure (other than obligations relating to the payment of services), that obligation shall be deferred until the termination of force majeure.
15.2 In cases of force majeure, which may affect the performance of contractual obligations, the Contracting Parties are obliged to:
(a) inform the other Contracting Party as soon as possible; i
(b) inform the other Contracting Party of the expected duration of the interruption in the performance of the contractual obligations
15.3 The contracting party whose performance of contractual obligations is endangered due to force majeure is obliged to take reasonable measures to mitigate the action of force majeure on the performance of contractual obligations.
Cases of Force Majeure. 20.1 Neither party shall be liable for any failure of its contractual obligations if the fulfilment of such obligations have been impeded due to any case of force majeure verifying after the date of the signature of the contract by the Managing Authority, or the date of the beginning of operations, whatever happens first.
20.2 For purposes of this Agreement, the following are examples of “cases of force majeure” strikes, lock-outs or other labour disputes, terrorism acts, situations of war, blockades, insurrections, riots, epidemics, natural cataclysms, explosions and any other unforeseeable event that the parties can not avoid or overcome.
20.3 The “Force Majeure” exonerates the parties to execute partially or totally their obligations stipulated in the present Agreement, during the period in which they occur and when properly notified.
Cases of Force Majeure. If the execution of the contract of any obligation that concerns NetFXs by virtue of these terms is impeded, limited or disturbed due to a fire, explosion, failure in the transmission networks, collapse or breakdown of the installations, epidemics, earthquakes, floods, electrical power cuts, wars, seizures, laws, orders or requirements of any established power, strikes, boycotts or any other circumstance outside the reasonable area of control of NetFXs, this will exempt NetFXs from the fulfilment of its obligations. In these cases, NetFXs will be exempted from the execution of its obligations in accordance with the limits of said impediment, limitation or disturbance. In the case of force majeure, NetFXs must keep THE CUSTOMER regularly informed of the consequences of this, as well as the expectations for reestablishment of normality. The obligations originating in this present will be suspended for the entire duration of the case of force majeure. If the duration of the effects of a case of force majeure is of more than one month, the contract may be rescinded with full rights, at the request of either of the parties, without any type of indemnification between the parties.
Cases of Force Majeure. In case of force majeure, which in any case includes disruptions in telecommunication infrastructure (internet), civil commotion, mobilization, war, traffic jams, strikes, lockouts, business interruptions, supply delays, fire, flood, import and export restrictions and in the event that Klippa by its own suppliers, for whatever reason, unable to supply him the opportunity which fulfillment of the Agreement can not reasonably be expected to Klippa, the implementation of the Agreement will be suspended or be the Agreement terminated, all without any obligation to pay compensation.
Cases of Force Majeure a. In this Contract, force majeure events are understood as events that occur objectively, unforeseeable and beyond the control of the Parties although the Parties have tried their best to prevent, limitations and this event is the direct cause of the performance of this Contract.
b. Within the scope of this contract, force majeure events include one of the following cases: earthquake, flood, drought, fire, explosion, epidemic, disaster, natural disaster, war, terrorism, strike public, bankruptcy ... or unforeseen events and no obligation to know in advance leading to the inability to continue performance or that can seriously affect the validity of the contract.
c. When a force majeure event occurs, the Party affected by the force majeure event must promptly notify in writing to the other Party within 07 days from the date of the force majeure event and within thirty (30) days of the force majeure event, it must send a written to the other Party detailing the cause of the event, the effect of the event on the performance of the contractual obligations. During the period when this contract cannot be performed due to force majeure events, the Parties must continue to perform their contractual obligations according to the actual circumstances and must actively and proactively find all legal measures to perform the work unaffected by the force majeure event.
d. A Party that fails to perform its duties due to a force majeure event will not have to pay compensation, be fined or have the Contract terminated. However, if the Party experiencing a force majeure event does not make every effort to perform this Contract and remedy or limit the damage caused, it will still be considered a breach of this Contract.
e. If there is a force majeure event lasting more than one (01) month, the Parties will reasonably consider and decide on the terms and conditions of the contract.
