Damage Caused by Acts of God or Other Factors Sample Clauses

Damage Caused by Acts of God or Other Factors. If any portion of the Property, SPBL, or the Railroad Facilities are damaged or destroyed by flood, fire, civil disturbance, earthquake, earth movement, storm, sabotage, act of God, terrorism, accident or any other event beyond Railway’s reasonable control, then Railway may (but, except to the extent covered by insurance required under this Agreement, shall not be required to) at no cost or expense to VCTC, (a) repair, or cause to be repaired, the damaged or destroyed portion of the Property or Railroad Facilities; or (b) replace, or cause to be replaced, such portion of the Property or the Railroad Facilities. In the event Railway does not elect to repair or replace the damaged or destroyed portion of the Property or Railroad Facilities, Railway shall reasonably cooperate, at its own cost, with the VCTC to seek funding and cause the repair or replacement of the damaged or destroyed portion of the Property, or Railroad Facilities. If VCTC elects not to use its funds to repair or replace the damaged or destroyed portion of the Property or the Railroad Facilities, then Railway shall suspend or abandon Railway’s operations over such portion of the Property as the parties may mutually agree to be necessitated by the damage or destruction, and as approved by the STB to the extent required by applicable law. Nothing herein obligates either Party to repair, replace, or commit any funds to the repair or replacement of any portion of the Property, SPBL, and/or Railroad Facilities damaged or destroyed pursuant to any acts of God or other factors contemplated in this Section 7.8(c) even if such repair or replacement is necessary for Railway to resume operations over said portion of the Property, SPBL or Railroad Facilities.
Sample 1
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Related to Damage Caused by Acts of God or Other Factors

  • Acts of God In the event either party is unable to perform its obligations under the terms of this Management Agreement, despite having taken commercially reasonable precautions, because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. The Manager and the Trust shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Negligent or Willful Damage Un- designated timber meeting Utilization Standards and un- necessarily damaged or negligently or willfully cut by Pur- chaser, if included by Contracting Officer.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • NO STRIKES AND NO LOCKOUTS 5:01 The Employer undertakes that there will be no lockout as defined in the Labour Relations Act during the term of this Agreement. The Union undertakes that there will be no strike as defined in the Labour Relations Act during the term of this Agreement.

  • Uncontrollable Forces Tariff Provisions Section 14.1 of the CAISO Tariff shall be incorporated by reference into this Agreement except that all references in Section 14.1 of the CAISO Tariff to Market Participants shall be read as a reference to the Participating Generator and references to the CAISO Tariff shall be read as references to this Agreement.

  • Vandalism Or Malicious Mischief This peril does not include loss to property on the "residence premises", and any ensuing loss caused by any intentional and wrongful act com- mitted in the course of the vandalism or malicious mischief, if the dwelling has been vacant for more than 60 consecutive days immediately before the loss. A dwelling being constructed is not consid- ered vacant.

  • Waiver or Delay No failure to exercise or delay by a party in exercising any right, power, or remedy under this License Agreement operates as a waiver of such right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

  • STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout.

  • STRIKES OR LOCKOUTS 5.01 During the term of this Agreement, or while negotiations for a further agreement are being held the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

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