Default and Force Majeure. The State reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the State, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. The Purchasing Entity reserves the right to cancel all or any part of any Orders placed under this Agreement without cost to the Purchasing Entity, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the Participating State and/or the Purchasing Entity due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the Order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the Participating State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the Participating State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. 8.1 If Lessee will be in default in performing any obligations (except the timely payment of royalties), Lessee shall lose no rights unless, within sixty (60) days following written notice from Lessor, given at the address herein specified, specifying such failure or breach, Lessee shall fail to make such payment or undertake to cure such default by commencement and follow through of appropriate performance, within a reasonable amount of time. Upon such failure, Lessor may terminate this Lease.
8.2 If Lessee shall be prevented or delayed from performing its obligations or performing any work which it desires to perform or is performing by reason of act of nature, strike or threat of strike, fire, flood, war, mob violence, court order, unavoidable casualties, or any other enumeration, beyond the control of Lessee which cannot be overcome by the means normally employed in performance and at comparable and reasonable expense, then the duration of this Lease shall be extended for a period equal to the period of Force Majeure and any failure to perform obligations shall not be deemed a breach of this Lease. Lessee agrees to use reasonable diligence to remove such causes of disability as may occur from time to time. This paragraph shall not excuse payment or delay payment of royalties.
Default and Force Majeure. 9.01 Provider Defaults • The developer will have defaulted on the PPA contract if it: o Breaches a material term (i.e., does not do something important called for in the PPA) and does not remedy that breach. o Goes bankrupt. o Does not provide the insurance required under the PPA o Does not produce electricity for more than 90 days in any year, unless the lack of production is caused by an action of the Town or an Act of God. • If the developer defaults, the Town may terminate the PPA and buy the solar array. • If the developer’s default might cause injury to anyone or to anyone’s property, the Town may intervene to remedy the situation.
9.02 Customer Defaults • The Town will have defaulted on the PPA contract if it: o Breaches a material term (i.e., does not do something important called for in the PPA) and does not remedy that breach. o Goes bankrupt. • If the Town is in an unremedied default, the developer may terminate the PPA and remove the solar array at the Town’s expense.
Default and Force Majeure. 8.1 If Lessee will be in default in performing any obligations (except the timely payment of royalties), Lessee shall lose no rights unless, within sixty (60) days following written notice from Lessor, given at the address herein specified, specifying such failure or breach, Lessee shall fail to make such payment or undertake to cure such default by commencement and follow through of appropriate performance, within a reasonable amount of time. Upon such failure, Lessormay terminate this Lease.
8.2 If Lessee shall be prevented or delayed from performing its obligations or performing any work which it desires to perform or is performing by reason of act of nature, strike or threat of strike, fire, flood, war, mob violence, court order, unavoidable casualties, or any other enumeration, beyond the AMENDMENT AGREEMENT ------------------- November 09, 1992 Page 13 of 20 control of Lessee which cannot be overcome by the means normally employed in performance and at comparable and reasonable expense, then the duration of this Lease shall be extended for a period equal tothe period of Force Majeure and any failure to perform obligations shall not be deemed a breach of this Lease. Lessee agrees to use reasonable diligence to remove such causes of disability as may occur from time to time. This paragraph shall not excuse payment or delay payment of royalties.
Default and Force Majeure. 20 Article X. DISPUTE RESOLUTION.
Default and Force Majeure. The Contractor shall not be liable for any excess costs if failure to perform the Order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics or pandemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above. The rights and remedies of the Participating State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. 16.1 The Parties shall abide by the Agreement, and perform the obligations provided in this Agreement. Any breach or failure to perform this Agreement shall be a default of this Agreement, and the breaching Party shall be liable for such default and compensate the other Party for the loss so suffered. If this Agreement is unable to be performed or entirely performed due to the breach or failure attributable to both Parties, with the exception of Force Majeure, the loss shall be determined and born on the basis of the respective fault of each of the Parties.
16.2 During the term of this Agreement and to the extent that any of the Parties is unable to perform its contractual obligations under this Agreement as a result of an event of Force Majeure, the suffered Party(ies) shall be exempted entirely or partially from such contractual obligations without penalty. In the event of a Force Majeure, the Parties shall endeavour to minimize the consequences of such Force Majeure. At the same time, the Party encountering the Force Majeure shall promptly inform the other Party in writing and shall furnish the other Party with appropriate proof of the occurrence and duration of such Force Majeure.
16.3 During the Force Majeure, the Party encountering Force Majeure shall continue to perform the part of the obligations unaffected by such an event according to this Agreement. Once the event of Force Majeure disappears, this Agreement shall resume to its entire performance, unless the other Party deems it as unnecessary. The Parties may also, depending on the extent that this Agreement is affected by the Force Majeure, hold a consultation with the other Party on whether to extend the term of this Agreement or to terminate the affected part of this Agreement.
16.4 Where a delay is caused by a Party in performing its obligations and then an event of Force Majeure occurs thereafter, there shall be no excuse for such Party to be exempted from any of its liabilities.
Default and Force Majeure. Unless this agreement is terminated as a result of force majeure, state laws and regulations, policy restrictions or government acts, if Party A fails to transfer the titles of all 44 suites of property rooms of the Target Property to Party B within 2 months, it will constitute a breach of this agreement by Party A. Under such circumstances, Party A shall make a payment in amount of 10% of the Aggregate Price to Party B and complete the title transfers within one month. If Party B delays in paying the purchase price due for more than three days, it will constitute a breach of this agreement by Party B, upon which Party B shall make a payment in amount of 10% of the Aggregate Price to Party A. Where this agreement is terminated as a result of force majeure, state laws and regulations, policy restrictions or government acts, the advance payment shall be unconditionally released and returned to Party B within two business days after such termination.
Default and Force Majeure. 1 University will only be in default in respect of the fulfilment of an obligation under the agreement if it has been declared in default by the Client and after being granted a reasonable period for compliance with its obligation and after this reasonable period has expired without fulfilment of the obligation.
