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, 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. 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 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 to be in the best interest of the School District, upon ...
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.
Sample 1
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. 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.
Sample 1
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.
Sample 1
Conditions Beyond Control of the Parties 
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Related to Conditions Beyond Control of the Parties

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

  • 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.

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