Conditions Beyond Control of the Parties Sample Clauses

Conditions Beyond Control of the Parties. If a party ("performing party") shall be unable to reasonably perform any of its obligations under this Contract due to acts of God, insurrections or riots, or similar events, this Contract shall at the other party's option (i) remain in effect but said performing party's obligations shall be suspended until the said events shall have ended; or, (ii) be terminated upon ten (10) days’ notice to the performing party, in which event neither party shall have any further liability to the other.
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Conditions Beyond Control of the Parties. 24.1 If a Party (“performing party”) shall be unable to reasonably perform any of its obligations under this Contract due to acts of God, insurrections or riots, similar events, or causes beyond that party’s control (collectively, “Event” of “Events”), this Contract shall at the other party's option: (a) remain in effect but said performing party’s obligations shall be suspended until the said Events shall have ended; or (b) be terminated upon ten (10) days notice to the performing party, in which event neither party shall have any further liability to the other, with the exception that ESCO shall be paid for all Work performed. Where the Contract is not terminated under this Article 24, an equitable adjustment shall be made to the Contract Sum, Implementation Period and to any other contract terms necessitated by the Event. 24.2 If, in the judgment of the School District, the ESCO is taking undue risk of damage to any part of the Project by proceeding with the Work during unfavorable weather or other conditions, then the Architect/Engineer or the School District shall immediately verbally notify the ESCO or his representative, at the Project site, to suspend operations because of said condition or conditions. The School District shall thereupon, by letter or telegram, confirm the verbal order to suspend the Work, either wholly or in part, for such period of time as may be necessary. 24.3 In case of suspension under Section 24.3, an extension of the Contract Time may be requested by the ESCO, but regardless of whether it is granted or not, no allowance or additional compensation shall be made to the ESCO for any expense resulting from suspension of the Work under Section 24.3. The School District shall not be liable to the ESCO in any event for any expenses, damages, losses or profits, anticipated or otherwise, or any other charges whatsoever arising out of a suspension under Section 24.3 in the Work of the ESCO or any ESCO engaged on this Project. 24.4 It shall be clearly understood that the failure of the Architect/Engineer or the School District to so advise the ESCO regarding unfavorable conditions shall not relieve the ESCO of his responsibility for compliance with all the terms of the Contract. 24.5 The School District shall have the right, at any time, during the term of the Contract, to suspend all or any part of the Work, for the convenience of the School District, for the period of time that the School District, in its sole discretion, determines...
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Conditions Beyond Control of the Parties. If a party ("performing party") shall be unable to reasonably perform any of its obligations under this Agreement due to acts of God, insurrections or riots, or similar events, this Agreement shall at the other party's option (i) remain in effect but said performing party's obligations shall be suspended until the said events shall have ended; or, (ii) be terminated upon ten (10) days notice to the performing party, in which event neither party shall have any further liability to the other. Upon such termination, RES shall recover as its sole remedy payment for Work properly performed in connection with the terminated portion of the Work and for items properly and timely fabricated off the project site, delivered and stored in accordance with the Customer’s instructions and provide, actual costs associated with termination of subcontracts.
Sample 1
Conditions Beyond Control of the Parties. Except as otherwise provided herein, if any party shall be unable to carry out any material obligation under this Contract due to events beyond its control, such as acts of God, governmental or judicial action, insurrections, riots, extended labor disputes, fires, explosions or floods, this Contract shall remain in effect but the affected party's obligations shall be suspended until the uncontrollable event terminates or is resolved, unless the Contract is terminated by mutual consent, in which event, Customer or County shall pay Contractor for all parts of the Work furnished to the date of termination or as otherwise agreed.
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Conditions Beyond Control of the Parties. If a Party ("performing party") shall be unable to reasonably perform any of its obligations under this Contract due to acts of God, insurrections or riots, similar events, or causes beyond that party’s control (collectively, “Event” or “Events”, or “Force Majeure Events”), this Contract shall at the other party's option: (a) remain in effect but said performing party's obligations shall be suspended until the said Events shall have ended; or (b) be terminated upon ten (10) days’ notice to the performing party, in which event neither party shall have any further liability to the other, with the exception that ESCO shall be paid for all Work performed. Where the Contract is not terminated under this Article 24, an equitable adjustment shall be made to the Contract Sum, Implementation Period and to any other contract terms necessitated by the Event.
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Conditions Beyond Control of the Parties. If performance of this Contract or of any obligation hereunder (other than an obligation to pay any Electricity Price) is prevented or substantially restricted or interfered with by reason of an event of Force Majeure, the affected party, upon giving notice to the other party, shall be excused from such performance to the extent of and for the duration of such prevention, restriction or interference. The affected party shall use reasonable efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder whenever such causes are removed.
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Conditions Beyond Control of the Parties 
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Related to Conditions Beyond Control of the Parties

  • Management and Control of the Company The Manager shall direct, manage and control the business of the Company to the best of such Manager’s ability and shall have full and complete authority, power and discretion to make any and all decisions and to do any and all things which the Manager shall deem to be reasonably required in light of the Company’s business and objectives. (1) No Member except one who shall also be a Manager may participate in or have any control over the Company business or have any authority or right to act for or bind the Company. The Member hereby consents to the exercise by the Manager of the powers respectively conferred on it by this Agreement. (2) The Manager may, if appropriate, establish, if Company funds are available, reserves for working capital and for payment of taxes, insurance, debt service, repairs, replacements or renewals, or other costs and expenses incident to the operation of the Company and the property of the Company and for such other purposes as the Manager may determine and thereafter shall maintain such reserves in such amounts as the Manager deems appropriate under the circumstances to the extent that any such reserves are not in conflict with any other provisions of this Agreement regarding any required disbursements.

  • Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Weed Control The tenant shall control all noxious weeds on the subject lands and maintain any summerfallow in a reasonably weed free condition.

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Control of the Contract F1 Transfer and Sub-Contracting F1.1 Except where F1.4 and F1.5 applies, the Contractor shall not assign, sub-contract or in any other way dispose of the Contract or any part of it without prior Approval. Sub-contracting any part of the Contract shall not relieve the Contractor of any of its obligations or duties under the Contract. F1.2 The Contractor shall be responsible for the acts and omissions of its Sub-contractors as though they are its own. F1.3 Where the Authority has consented to the placing of sub-contracts, copies of each sub-contract shall, at the request of the Authority, be sent by the Contractor to the Authority as soon as reasonably practicable. F1.4 Notwithstanding clause F1.1, the Contractor may assign to a third party (“the Assignee”) the right to receive payment of the Contract Price or any part thereof due to the Contractor under this Contract (including any interest which the Authority incurs under clause C2.

  • Management and Control (a) Management and control of the business of the Fund shall be vested in the Board, which shall have the right, power, and authority, on behalf of the Fund and in its name, to exercise all rights, powers, and authority of managers under the Delaware Act and to do all things necessary and proper to carry out the objective and business of the Fund and their duties hereunder. No Manager shall have the authority individually to act on behalf of or to bind the Fund except within the scope of such Manager's authority as delegated by the Board. The parties hereto intend that, except to the extent otherwise expressly provided herein, (i) each Manager shall be vested with the same powers, authority, and responsibilities on behalf of the Fund as are customarily vested in each director of a Delaware corporation and (ii) each Independent Manager shall be vested with the same powers, authority and responsibilities on behalf of the Fund as are customarily vested in each director of a closed-end Management investment company registered under the 1940 Act that is organized as a Delaware corporation who is not an "interested person" of such company, as such term is defined by the 1940 Act. During any period in which the Fund shall have no Managers, CSFB Alternative Capital, as the initial Member, shall have the authority to manage the business and affairs of the Fund. (b) Members, in their capacity as Members, shall have no right to participate in and shall take no part in the management or control of the Fund's business and shall have no right, power or authority to act for or bind the Fund. Members shall have the right to vote on any matters only as provided in this Agreement or on any matters that require the approval of the holders of voting securities under the 1940 Act or as otherwise required in the Delaware Act. (c) The Board may delegate to any other person any rights, power and authority vested by this Agreement in the Board to the extent permissible under applicable law, and may appoint persons to serve as officers of the Fund, with such titles and authority as may be determined by the Board consistent with applicable law. (d) The Board shall have full power and authority to adopt By-Laws providing for the conduct of the business of the Fund and containing such other provisions as they deem necessary, appropriate or desirable, and, subject to the voting powers of one or more Classes created pursuant to this section 3.1, to amend and repeal such By-Laws. Unless the By-Laws specifically require that Members authorize or approve the amendment or repeal of a particular provision of the By-Laws, any provision of the By-Laws may be amended or repealed by the Board without Member authorization or approval. (e) The Board shall have the full power and authority, without Member approval, to authorize one or more Classes of Units; Units of each such Class having such preferences, voting powers and special or relative rights or privileges (including conversion rights, if any) as the Board may determine and as shall be set forth in a resolution adopted in accordance with the By-Laws.

  • Change of Control of the Academy Trust 102A) The Secretary of State may at any time by notice in writing, subject to clause 102C) below, terminate this Agreement forthwith (or on such other date as he may in his absolute discretion determine) in the event that there is a change:

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  • Management and Control Systems Grantee will: 1. maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. 2. develop, implement, and maintain financial management and control systems that meet or exceed the requirements of Uniform Statewide Accounting System (UGMS). Those requirements and procedures include, at a minimum, the following: i. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; ii. Financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Contract of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Contract and its Contract and are traceable from the transaction to the general ledger; iii. Effective internal and budgetary controls; iv. Comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; v. Timely and appropriate audits and resolution of any findings; vi. Billing and collection policies; and vii. Mechanism capable of billing and making reasonable efforts to collect from clients and third parties.

  • Fraud Control BellSouth will provide seven days per week, 24-hours per day, fraud monitoring on Calling Cards, xxxx-to-third and collect calls made to numbers in BellSouth’s LIDB, provided that such information is included in the LIDB query. BellSouth will establish fraud alert thresholds and will notify <<customer_name>> of fraud alerts so that <<customer_name>> may take action it deems appropriate.

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