CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL Sample Clauses

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. With the exception of outstanding rights and obligations, and Delta’s right to terminate this Agreement pursuant to Section 10.04 hereof, each Party will be relieved of its obligations under this Agreement in the event, to the extent and for the period of time that performance is delayed or prevented caused by any Force Majeure Event.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. With the exception of outstanding rights and obligations and payments that are due, each party will be relieved of its obligations under this Agreement in the event, to the extent and for the period of time that performance is delayed or prevented caused by any acts of God, acts of terrorism or hostilities, war, strike, labor disputes, work stoppage, fire, act of government, court order, in each case reasonably beyond the control of that party, including but not limited to, non-delivery or delay in delivery of the Aircraft or delay in the completion of required training of the Operator’s employees by the Aircraft manufacturer or delay in the receipt of any necessary government or regulatory approvals (each, a “Force Majeure Event”). Each of the parties acknowledges that it may or may not realize the full economic or other benefits that it expects to realize from this Agreement and that any failure to realize any or all of such benefits shall not constitute a Force Majeure Event.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. With the exception of outstanding rights and obligations, and subject to Section 3(H) hereof, each party will be relieved of its obligations under this Agreement in the event, to the extent and for the period of time that performance is delayed, prevented or caused by any acts of God, acts of terrorism or hostilities, war, strike, labor disputes, work stoppage, fire, act of government, court order, or any other act reasonably beyond the control of that party, including but not limited to, non-delivery or delay in delivery of the Aircraft or delay in the completion of required training of the Operator’s employees by the Aircraft manufacturer (each, a “Force Majeure Event”). If SKYW is the non-affected party of a Force Majeure Event, and if, during such Force Majeure Event, (y) SKYW uses the Aircraft for any purposes other than to operate the Delta Connection Flights and (z) earns a net profit in connection with all such uses, SKYW shall pay [***] of such net profit to Delta.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. With the exception of outstanding rights and obligations, each party will be relieved of its obligations under this Agreement in the event, to the extent and for the period of time that performance is delayed or prevented by any cause reasonably beyond that party's control.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. 8.1 Neither party shall be liable to the other for any failure to fulfil its obligations under this Agreement if such a failure is caused by circumstances which are beyond its reasonable control such as adverse weather conditions, natural disasters or civil disturbances. 8.2 THE COMMISSIONER require that the service delivery specified in the service specification appendix is to be delivered by appropriately qualified staff, employed by Successful Service Provider and supplemented by volunteers managed by Successful Service Provider.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. If Gauteng Province and/or any third-party Responder, service provider is prevented or restricted, directly or indirectly, from carrying out all or any of its obligations under this Agreement by reason of strike, power failure, network failure, internet downage, fibre cable downage, mobile network downage, server failure, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, traffic, unrest or disturbances, cessation of the Party labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations under this Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always, save in the event of an unannounced municipal power failure or power failure at the Premises, that written notice shall forthwith be given of any such inability to perform by the affected Party. • Any Party invoking the above-mentioned provisions, shall upon termination of an event giving rise thereto, forthwith give written notice of such ending to the other Parties.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. With the exception of outstanding rights and obligations, each party will be relieved of its obligations under this Agreement in the event, to the extent and for the period of time that performance is delayed or prevented by any cause reasonably beyond that party's control, including specifically non- delivery or delay in delivery of aircraft to ACA, delay in completion of required training of Operator's employees by the aircraft manufacturer, or delay in receipt of any necessary government approvals.

CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL. 22.1 Any Party affected by a Force Majeure Event is excused from performing its obligations under the Contract while the inability to perform continues, if it both: (a) provides written notice to the other Party; and (b) uses all reasonable measures practical to reduce the impact of the Force Majeure Event. 22.2 Either Party can partially or fully terminate the Contract immediately by issuing a termination notice in writing to the other Party if the provision of the Deliverables is materially affected by a Force Majeure Event which lasts for 30 days continuously.‌ 22.3 Where a Party partially or fully terminates the Contract under clause 22.2: (a) each Party must cover its own losses; (b) the Buyer’s payment obligations under the Contract will be suspended to the extent corresponding to the Supplier’s inability to deliver its obligation under the Contract as a result of a Force Majeure Event; and (c) clauses 11.5(a) to 11.5(g) apply.