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.
Default and Force Majeure. 19.1 The term “
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.
Default and Force Majeure. 20 9.01 Provider Defaults 20 9.02 Customer Defaults 21 9.03 Force Majeure 22 Article X. DISPUTE RESOLUTION. 10.01 Resolution by Parties 23
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. 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.
Default and Force Majeure. 11 9.01 Provider Defaults 11 9.02 Customer Defaults 12 9.03 Force Majeure 13 9.04 LIMITATION ON LIABILITY 14 Article X. DISPUTE RESOLUTION. 14 10.01 Resolution by Parties 14 10.02 Binding Arbitration 14 10.03 Exceptions to Arbitration Obligation 14
Default and Force Majeure. 21 9.01 Provider Defaults 21 9.02 Customer Defaults 22 9.03 Force Majeure 23 9.04 Limitation on Liability 23
