Causes Beyond Control. Neither party of this contract shall be held responsible for delay or default caused by fire, riot, acts of God, sovereign, public enemy, and/or war which is beyond that party's control. The STATE may terminate this contract upon written notice after determining such delay or default will reasonably prevent successful performance of the contract. In the event a cause or causes beyond control impact this contract, the STATE may grant a reasonable extension of time and shall not additionally compensate the PURCHASER.
Causes Beyond Control. The parties hereto shall not be --------------------- responsible for any loss or breach due to delay in delivery or performance hereunder caused by governmental regulations, controls or directions, outbreak of a state of emergency, hostilities, civil commotion, riots, epidemics, acts of God, other natural casualties, fires, strikes, walkouts or other similar cause or causes beyond the control of the parties. In the event that any party shall be delayed in, or prevented from, performing its obligations under this Agreement as a result of any of the foregoing, such party shall promptly notify the other party of such delay or cessation in performance. In the event that such party is unable to resume performance hereunder within sixty (60) days of the date on which its performance was suspended, the other party shall have the right to terminate this Agreement upon ten (10) days prior written notice.
Causes Beyond Control. In the event the Consultant is prevented by a cause or causes beyond control of the Consultant from performing any obligation of this Agreement, non-performance resulting from such cause or causes shall not be deemed to be a breach of this Agreement which will render the Consultant liable for damages or give rights to the cancellation of the Agreement for cause. However, if and when such cause or causes cease to prevent performance, the Consultant shall exercise all reasonable diligence to resume and complete performance of the obligation with the least possible delay. The phrase "cause or causes beyond control," as used in this section, means any one or more of the following causes which are not attributable to the fault or negligence of the Consultant and which prevent the performance of the Consultant: fire, explosions, acts of God, war, orders or law of duly constituted public authorities, and other major uncontrollable and unavoidable events, all of the foregoing which must actually prevent the Consultant from performing the terms of the Agreement as set forth herein. Events which are peculiar to the Consultant and would not prevent another Consultant from performing, including, but not limited to financial difficulties, are not causes beyond the control of the Consultant. The City will determine whether the event preventing the Consultant from performing is a cause beyond the Consultant's control.
Causes Beyond Control. If either party’s performance of this Agreement or any obligation hereunder (excluding Customer’s obligation to pay for Services rendered by Mosaic in accordance with the applicable Service Addendum) is prevented, restricted or interfered with by causes beyond its reasonable control, including but not limited to acts of God, fire, explosion, vandalism, cable cut by a third party, storm or other similar occurrence, any law, order, regulation, direction, action of any government, or any civil or military authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, then the affected party shall be excused from such performance on a day to day basis to the extent of such prevention, restriction or interference. Both parties shall use commercially reasonable efforts, under the circumstances, to mitigate or eliminate any adverse effect such event of force majeure may have on its ability to perform its obligations hereunder.
Causes Beyond Control. 14 13.3 Successors and Assigns............................................ 14 13.4
Causes Beyond Control. If any circumstance or event which is beyond the reasonable control of AshBritt delays the performance of any of AshBritt’s obligations under this agreement or makes any of those obligations impossible to perform, AshBritt will not have any liability for that delay or non- performance.
Causes Beyond Control. If, after Canada issues a notice of termination, it is determined by Canada that the default of ENMAX is due to causes beyond the control of ENMAX, such notice of termination shall be deemed to be a notice issued pursuant to Article 10.2.3 and the rights and obligations of the Parties shall be governed by Articles 10.2.2 to 10.5.2, inclusive.
Causes Beyond Control. In the event the Attorney is prevented by a cause or causes beyond control of the Attorney from performing any obligation of this Agreement, non-performance resulting from such cause or causes shall not be deemed to be a breach of this Agreement, which will render the Attorney liable for damages or give rights to the cancellation of the Agreement for cause, provided that Attorney duly and timely notifies the City in writing of the cause or causes, which writing must be titled "Cause or Causes Beyond Control of Attorney." However, if and when such cause or causes cease to prevent performance, the Attorney shall exercise all reasonable diligence to resume and complete performance of the obligation with the least possible delay. The phrase "cause or causes beyond control," as used in this section, means any one or more of the following causes which are not attributable to the fault or negligence of the Attorney and which prevent the performance of the Attorney: fire, explosions, acts of God, war, orders or law of duly constituted public authorities, and other major uncontrollable and unavoidable events, all of the foregoing which must actually prevent the Attorney from performing the terms of the Agreement as set forth herein. Events which are peculiar to the Attorney and would not prevent another Attorney from performing, including, but not limited to financial difficulties, are not causes beyond the control of the Attorney. Based on Attorney's "Cause or Causes Beyond Control of Attorney," the City will determine whether the event preventing the Attorney from performing is a cause beyond the Attorney's control.
Causes Beyond Control. Manufacturer and OEM shall not be responsible for any loss or breach due to delay in delivery or performance hereunder caused by other parties, governmental regulations, controls or directions, outbreak of a state of emergency, acts of God or hostilities, civil commotion, riots, epidemics, perils of the sea or other natural casualties, fires, strikes, walkouts or other similar cause or causes beyond the control of the parties.
Causes Beyond Control. Neither party will be liable to the other by reason --------------------- of any failure in performance of this Agreement if the failure arises out of acts of God, acts of any other party, acts of governmental authority, fires, strikes, delays in transportation, riots or war, or any cause beyond the reasonable control of that party. If any such event delays performance, the time allowed for performance will be appropriately extended.
