Circumstances Excusing Performance a. Neither party to the Agreement will be in default by reason of failure to perform in accordance with its terms if such failure arises out of causes beyond their reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, Acts of God or public enemy, acts of the government in its sovereign or contractual capacity, severe malware or cyber-attack, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather.
Circumstances Excusing Performance. Neither party to the Contract shall be in default by reason of failure to perform in accordance with its terms if such failure arises out of causes beyond reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, acts of God or public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather.
Circumstances Excusing Performance. Neither the Plan Sponsor nor the Contractor shall be liable to the other for any delays or damages or any failure to act due, occasioned, or caused by reason of restrictions imposed by any government or government agency, acts of God, strikes, labor disputes, action of the elements, or causes beyond the control of the parties affected thereby.
Circumstances Excusing Performance. In the event that we, notwithstanding our diligent and good faith efforts, are prevented from the performance of any act required hereunder by reason of strikes, lockouts or labor troubles, epidemic, failure of power, fire, winds, acts of God, riots, insurrections or war, then performance of such obligations shall be excused while such circumstance continues, and the period for the performance of any such obligations shall be extended for a fair and equitable period relative to the impact of such event.
Circumstances Excusing Performance. Neither the Participating Employer nor any Provider shall be liable to any other party for any delays or damages or any failure to act due, occasioned, or caused by reason of restrictions imposed by any government or government agency, acts of God, strikes, labor disputes, action of the elements, or causes beyond the control of the parties affected thereby.
Circumstances Excusing Performance. This Agreement is subject to force majeure, and in the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by season of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive Government laws or regulations, floods, riots, insurrections, war or other reasons of a like nature not reasonably within the control of the party delayed in performing any of its obligations under the terms of this Agreement, the performance of such obligations shall, upon timely notice to the other party, be excused for the period of the delay. The period of the performance of any such obligation shall be extended for an equivalent period. Nothing contained in this paragraph shall affect any contractual Agreement between Kidango and any of the parents or patrons of the children at the child development center.
Circumstances Excusing Performance. The Provider shall not be liable for delay or interruption in the performance of the Services, or for inability to perform the Services, due to acts of God, flood, fire, lightning, earthquake, epidemic, quarantine restriction, war, sabotage, acts of a public enemy, acts of terrorism, insurrection, riot, civil disturbance, accidents or disruptions such as fire, explosion or major equipment breakdown, failures or delay beyond the Provider's reasonable control in securing necessary materials, equipment, services or facilities, strikes, slowdowns, jurisdictional disputes or other labor difficulties, restraint by court order or public authority, any act, delay or failure to act by any Governmental Body, including delay or failure to obtain authorizations or approvals from any Governmental Body, any delay caused by User or any party acting under the direction of User or on its behalf, or any other cause beyond the Provider's reasonable control; provided, however, that the Provider shall use diligent efforts to avoid, or, if unavoidable, minimize or work around, the effects of any such event upon the performance of the Services pursuant to this Agreement. Upon receipt of a notice from the Provider requesting appropriate action, the User and the Provider will negotiate mutually acceptable changes to this Agreement or any other affected agreement or instrument which effect equitable adjustments in the fees and any other affected provision of this Agreement, or any other affected agreement or instrument, resulting from the occurrence of any event of the type referred to in this Section.
Circumstances Excusing Performance. Neither party to this Agreement shall be in default by reason of failure to perform in accordance with its terms if such failure arises out of causes beyond their reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, Acts of God or public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather. Neither party shall be responsible for performing all or any portion of the services contemplated by this Agreement that are precluded by the foregoing events for such period of time as the Plan Sponsor or Nationwide are prevented from performing such services in the normal course of business. Neither Nationwide nor the Plan Sponsor shall be liable for lost profits, losses, damage or injury, including without limitation, special or consequential damages, resulting in whole from the foregoing events.
Circumstances Excusing Performance. Neither the City nor the Contractor shall be liable to the other for any delays or damages or any failure to act due, occasioned, or caused by reason of restrictions imposed by any government or government agency, acts of God, strikes, labor disputes, action of the elements, or causes beyond the control of the parties affected thereby.
Circumstances Excusing Performance. No party shall be liable to any other party for any delays or damages or any failure to act due to, occasioned, or caused by reason of restrictions imposed by any government or governmental agency, acts of God, strikes, labor disputes, actions of the elements, or causes beyond the control of the party affected thereby. In addition, Voya shall not be liable to Employer for any delays or damages or any failure to act due to, occasioned, or caused by the failure of any Assignee or Provider to cooperate with Voya in the providing of services under the Agreement.
