Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.
Appears in 27 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Definition of Force Majeure. The term "(a) Subject to this clause 25.1, Force Majeure", as used in this Agreement, Majeure means any event or circumstance (or combination of events and/or circumstances) the occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not of which is beyond the direct or indirect result reasonable control of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party party seeking to rely on it (acting and having taken all reasonable precautions and measures acted in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligenceaccordance with Good Gas Industry Practice).
Appears in 7 contracts
Samples: Exchange Agreement, Hub Exchange Agreement, aemo.com.au
Definition of Force Majeure. The term "“Force Majeure", ” as used in this AgreementAgreement means [***] (so long as the Party claiming relief has not applied for or assisted in the application for, means any occurrence that: In whole and has opposed where and to the extent reasonable, such action or in part delays restraint, and as long as such action or prevents a Party's performance under this Agreement; Is restraint is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome a failure by the exercise of due diligenceaffected Party to comply with Applicable Law).
Appears in 5 contracts
Samples: Gathering and Disposal Agreement, Gathering and Disposal Agreement (Rattler Midstream Lp), Gas Gathering and Compression Agreement (Rattler Midstream Lp)
Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within Majeure shall mean all events which are beyond the control of that Party notwithstanding such Party having taken all reasonable precautions the parties to this Contract, and measures which are unforeseen, unavoidable or insurmountable, and which prevent total or partial performance by either of the parties. Such events shall include earthquakes, typhoons, flood, fire, war, strikes, riots, acts of governments, changes in order to prevent law or avoid such event; and The Party has been unable to overcome by the exercise of due diligenceapplication thereof or any other instances which cannot be foreseen, prevented or controlled, including instances which are accepted as Force Majeure in general international commercial practice.
Appears in 5 contracts
Samples: Equity Transfer Contract (China Direct Industries, Inc.), Equity Transfer Contract (China Direct Industries, Inc.), Equity Transfer Contract (China Direct Industries, Inc.)
Definition of Force Majeure. The term Unless otherwise specified in the Election Sheet, for purposes of the Agreement, "Force Majeure", as used in this Agreement, " means any an occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not beyond the direct or indirect result reasonable control of the fault Party claiming Force Majeure ("Claiming Party") which it could not reasonably have avoided or negligence of that Party; Is not within overcome and which makes it impossible for the control of that Claiming Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent perform its Delivery or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.acceptance obligations, including but without limitation:
Appears in 4 contracts
Samples: www.efet.org, www.efet.org, efet.org
Definition of Force Majeure. The term "“Force Majeure", ” as used in this Agreement, Agreement means any occurrence that: In whole or in part delays or prevents a Party's ’s performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.
Appears in 3 contracts
Samples: Grid Services Purchase Agreement, Grid Services Purchase Agreement, Power Purchase Agreement
Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, means " shall mean any occurrence that: In whole cause or in part delays event beyond the reasonable control of either party causing a failure or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence delay of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.party
Appears in 3 contracts
Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (International Coal Group, Inc.), Supply Agreement (International Coal Group, Inc.)
Definition of Force Majeure. The term "Force Majeure", as used in For purposes of this Agreement, “Force Majeure Event” means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within an event which is beyond the control of that Party notwithstanding a Party, which is unforeseen, unavoidable and insurmountable, and which prevents total or partial performance by such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise Party. Examples of due diligence.Force Majeure include:
Appears in 2 contracts
Definition of Force Majeure. The term "Force Majeure", as used in In this Agreement, Force Majeure means any occurrence that: In whole event or in part delays or prevents a Party's performance under this Agreement; Is circumstance not the direct or indirect result within reasonable control of the fault or negligence of that Party; Is not within the control of that affected Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome which, by the exercise of due diligence.diligence and level of skill, prudence and foresight generally applicable to a reasonable and prudent operator, that Party is not reasonably able to prevent or overcome, including:
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Definition of Force Majeure. The term "“Force Majeure", as used in this Agreement, ” means any occurrence that: In whole event or in part delays or prevents a Party's performance under this Agreement; Is circumstance not the direct or indirect result of the fault or negligence of that Party; Is not reasonably within the control of that the Party notwithstanding such Party having taken all reasonable precautions and measures in order claiming suspension declared as Force Majeure by a counterparty to prevent or avoid such event; and The Party has been unable to overcome by any of the exercise of due diligenceMidstream Contracts.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp)
Definition of Force Majeure. The term Unless otherwise specified in the Election Sheet, for purposes of the Agreement "Force Majeure", as used in this Agreement, " means any an occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not beyond the direct or indirect result reasonable control of the fault Party claiming Force Majeure (the "Claiming Party") which it could not reasonably have avoided or negligence overcome and which makes it impossible for the Claiming Party to perform or procure performance of that Party; Is not within its delivery or acceptance obligations, including, but without limitation, due to one or more of the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.following:
Appears in 2 contracts
Samples: data.efet.org, General Agreement
Definition of Force Majeure. The term "10.1 Event of Force Majeure", as used in this Agreement, Majeure means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within an event beyond the control of that the Parties, which prevents a Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise from complying with any of due diligence.its obligations under this Contract, including but not limited to:
Appears in 2 contracts
Samples: www.btcomposites.gr, www.btcomposites.gr
Definition of Force Majeure. The term For the purposes of this Agreement, ------------------------------- "Force Majeure", as used in this Agreement, means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not " shall mean circumstances beyond the direct or indirect result reasonable control of the fault or negligence Party concerned, including those circumstances and limitations to such circumstances described in Section 17.1 of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligenceContract.
Appears in 2 contracts
Samples: Joint Operating Agreement (Triton Energy LTD), Joint Operating Agreement (Triton Energy LTD)
Definition of Force Majeure. The term "Unless otherwise specified in the Election Sheet, for purposes of the Agreement “Force Majeure", as used in this Agreement, ” means any an occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not beyond the direct or indirect result reasonable control of the fault Party claiming Force Majeure (the “Claiming Party”) which it could not reasonably have avoided or negligence overcome and which makes it impossible for the Claiming Party to perform its delivery or acceptance obligations, including, but without limitation, due to one or more of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.following:
Appears in 2 contracts
Samples: General Agreement, General Agreement
Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, means Majeure refers to any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within happening beyond the control of that Party notwithstanding such Party having taken all reasonable precautions the affected party and measures preventing it from fulfilling in order to prevent part or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.in full commitments including:
Appears in 2 contracts
Samples: Joint Venture Agreement (Ocean Power Corp), Joint Venture Agreement (Ocean Power Corp)
Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, means any Majeure shall mean an occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not which is beyond the direct or indirect result reasonable control of either of the fault or negligence of that Party; Is not within Parties to the control of that Party notwithstanding such Party having taken all reasonable precautions Contract, constituting an exceptional and/or unforeseen circumstance and measures in order to prevent or avoid such event; and The Party has been unable to overcome by which, despite the exercise of due diligence.diligent efforts by the affected Party to prevent, limit, or minimize the same, materially delays the scheduled time of completion of all or any material portion of the Works. For the avoidance of doubt, the following events shall be specifically excluded from the definition of the term Force Majeure:
Appears in 1 contract
Definition of Force Majeure. The term "“Force Majeure", as used in this Agreement, ” means any occurrence that: In whole cause beyond a party’s reasonable control, including law or regulation; action or inaction of civil or military authority; inability to obtain any license, permit, or other authorization that may be required to conduct operations on or in part delays connection with the Property; interference with mining operations by a lessee of oil, gas, or prevents a Party's performance geothermal resources under this Agreementthe Property; Is not the direct unusually severe weather; mining casualty; unavoidable mill shutdown; damage to or indirect result destruction of the fault mine plant or negligence of that Partyfacility; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such eventfire; and The Party has been unable to overcome by the exercise of due diligence.explosion; flood; severe earthquakes,
Appears in 1 contract
Definition of Force Majeure. The term "Force Majeure", as used in For the purposes of this Agreement, means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not “Force Majeure” shall mean circumstances which were beyond the direct or indirect result reasonable control of the fault Party concerned and shall include strikes, lockouts and other government, industrial, community or negligence of that Party; Is not natural disturbances within the control area of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.operations. ARTICLE 17
Appears in 1 contract
Samples: Asset Purchase Agreement
Definition of Force Majeure. The term "force majeure (“Force Majeure", ”) as used in this Agreement, Agreement means any occurrence that: In i) in whole or in part delays or prevents a Party's ’s performance under this Agreement; Is ii) is not the direct or indirect result of the fault or negligence of that Party; Is iii) is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The iv) the Party has not been unable able to overcome by the exercise of due diligence.
Appears in 1 contract
Samples: Attachment H – Sample Agreement
Definition of Force Majeure. The term Unless otherwise specified in the Election Sheet, for purposes of the Agreement, "Force Majeure", as used in this Agreement, " means any an occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not beyond the direct or indirect result reasonable control of the fault Party claiming Force Majeure (the "Claiming Party") which it could not reasonably have avoided or negligence overcome and which makes it impossible for the Claiming Party to perform its Delivery or acceptance obligations, including, but without limitation, due to the suspension, failure or malfunction of that Party; Is not within EECS Transfer System Transfer Links or the control AIB Communication Hub which prevents the Electronic Transfer or acceptance of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligenceEECS Certificates.
Appears in 1 contract
Samples: recs.org
Definition of Force Majeure. The term "Parties shall be entitled to suspend or excuse performance of its respective obligations (except payment obligations) under this Agreement to the extent that such performance is impeded by an event of force majeure (‘Force Majeure", as used in this Agreement, means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence’).
Appears in 1 contract
Definition of Force Majeure. The term "Force Majeure", as used in For the purposes of this Agreement, means Force Majeure means, in relation to any occurrence that: In whole Party, any event or circumstances (or combination of events or circumstances) not reasonably foreseeable by such Party which is beyond the reasonable control of the Party and which results in part delays or prevents a Party's performance causes the failure of that Party to perform any of its obligations under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence., but:
Appears in 1 contract
Samples: Wholesale Services Agreement
Definition of Force Majeure. The term "A ‘Force Majeure", as used ’ means any event or circumstance or combination of events including but not limited to those stated below that wholly or partly prevents or unavoidably delays an Affected Party in the performance of its obligations under this Agreement, means any occurrence that: In whole but only if and to the extent that such events or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is circumstances are not within the control reasonable control, directly or indirectly, of that the Affected Party notwithstanding such and could not have been avoided if the Affected Party having had taken all reasonable precautions and measures in order to prevent care or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.complied with Prudent Utility Practices:
Appears in 1 contract
Samples: Implementation and Support Agreement
Definition of Force Majeure. The term "“Force Majeure"” means, as used in this Agreementrelation to a party, means any occurrence that: In whole occurrence, condition, situation, or in part delays threat thereof that (directly or prevents a Party's performance indirectly) renders that party unable to perform its obligations under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.provided that:
Appears in 1 contract
Definition of Force Majeure. The term "Force Majeure", as used in this Agreement, Majeure means any occurrence that: In whole or in part delays or prevents a Party's performance under this Agreement; Is not the direct or indirect result of the fault or negligence of that Party; Is not within circumstances beyond the control of that Party notwithstanding such Party having taken all reasonable precautions and measures in order to prevent or avoid such event; and The Party has been unable to overcome by the exercise of due diligence.parties, including but not limited to:
Appears in 1 contract
Samples: pfcindia.com
Definition of Force Majeure. The term "Force Majeure", as used in For the purposes of this Agreement, means “Force Majeure” shall mean any occurrence that: In cause, event or condition that prevents the Party claiming Force Majeure from performing, in whole or in part delays part, any of its covenants or prevents a Party's performance obligations under this Agreement; Is not the direct , which cause, event or indirect result of the fault or negligence of that Party; Is condition is not within the reasonable control of that the Party notwithstanding such Party having taken all reasonable precautions claiming Force Majeure and measures in order to prevent or avoid such event; and The Party has been unable to overcome which by the exercise of due diligence.diligence and planning such Party could not have prevented or is unable to overcome, including:
Appears in 1 contract
Samples: Industrial Gas Sales Agreement