Default Force Majeure Clause Samples

Default Force Majeure. Incapacity: “Incapacity,” as used in the Agreement, shall be deemed to include (but shall not be limited to) any physical or mental disabilities, which, due to the unique nature of Performer’s obligations, render Performer unable to perform the essential duties of Performer’s position with or without a reasonable accommodation. If Performer suffers an Incapacity, at its election Producer may suspend, prospectively or retroactively, Performer’s engagement during such Incapacity. Consistent with applicable law, if Producer or Performer at any time alleges that Performer is, or if Performer shall actually be, incapacitated by illness or other incapacity or by a Default of the kind described in the penultimate sentence of this subparagraph (1), and thereby prevented from performing hereunder or otherwise fully complying with Performer’s obligations hereunder, Producer (a) may require, and typically will request in the first instance, Performer to provide medical documentation from Performer’s health care provider(s) sufficient to clear Performer to work with or without a reasonable accommodation and/or to support the need for a reasonable accommodation, and (b) may, at Producer’s expense, require Performer to submit to medical examination(s) to be conducted by such health care provider(s) as may be designated by Producer. For clarification purposes only, any Incapacity hereunder may at Producer’s discretion instead be deemed an event of “Default” pursuant to subparagraph (2) below, if such Incapacity is a result of Performer’s current use of alcohol or of any drug or controlled substance. In addition, subject to applicable law, Producer shall have the right to terminate the Agreement immediately in the event of Performer’s death or an event of Incapacity or if production of an episode or the Series is canceled by reason of Performer’s death or Incapacity.

Default Force Majeure. 23 ARTICLE XXI.

Default Force Majeure. A party shall not be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters.

Default Force Majeure. 12.1 Notwithstanding the provisions of clause 40 or 41 of the Call Off Contract, the Customer shall have no right to terminate this Call Off Contract as a consequence of any failure or delay by any SOW Delivery Provider to perform its obligations under a SOW Delivery Contract (including a Statement of Work). 12.2 Any failure or default by a SOW Delivery Provider shall not be regarded as a Default. The provisions of clauses 40 or 41 shall not apply as a consequence of the actions of the SOW Delivery Provider. 12.3 Any failure or default by a SOW Delivery Provider shall not be regarded as a Force Majeure Event in respect of which the Service Provider is responsible.

Default Force Majeure. 32 a. Neither party shall be deemed to be in default of the terms of this Agreement if either 33 party is prevented from performing its terms by causes beyond its control, including without being limited 34 to: acts of God; any laws and/or regulations of State or Federal government; or any catastrophe resulting 35 from flood, fire, explosion, or other causes beyond the control of the defaulting party. If any of the stated 36 contingencies occur, the party delayed by force majeure shall immediately give the other parties written 37 notice of the cause for delay. The party delayed by force majeure shall use reasonable diligence to correct 1 EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 EDUCATIONALLY RELATED MENTAL HEALTH SERVICES 4 BETWEEN 5 COUNTY OF ORANGE 6 AND 7 «UC_SD» 8 JULY 1, 2020 THROUGH JUNE 30, 2021 9

Default Force Majeure