Delay and Force Majeure. Section 1. Time being of the essence of the PROJECT, delay in the completion of the PROJECT may be excusable only if the same is due to force majeure, additional works approved by the PROCURING ENTITY, or for any other special circumstance as may be determined by the PROCURING ENTITY.
Delay and Force Majeure. The Seller shall not be liable for delays in the performance of its obligations and the date on which the Seller’s obligations are to be fulfilled shall be extended for the period caused by the delay when the delay was due to causes beyond the Seller’s control and not due to its fault or negligence, including, but not limited to, Force Majeure, defined as:
a) Acts of God, unforeseeable circumstances, acts (including delay or failure to act) of any governmental authority (De Jure or De Facto), wars (declared or undeclared), riot, revolution, hijacking, fires, strikes, labor stoppage, sabotage, epidemics, prohibition of import or export of goods or products, and interruptions of essential services and supplies such as electricity, communications, natural gas, fuels and water.
b) Delays attributable to causes beyond Seller’s reasonable control to timely obtain from suppliers or subcontractors necessary and proper materials, components, facilities, and, when the subcontractor has excusable causes as listed above and such items cannot be reasonably be obtained from another source. Partial delay or failure of performance due to any of the aforementioned causes shall not in itself terminate the Purchase Order. In the event Seller is affected in the performance of its obligations by any of the aforementioned causes, it shall give the Buyer prompt written notice of that fact together with satisfactory evidence substantiating that said cause prevents performance, as well as a declaration specifying the steps being taken by the Seller to remove such cause of non-performance and to minimize its effects, and shall continue the performance of its obligations under the Purchase Order.
Delay and Force Majeure. 4.1 Neither party shall be liable for any delay or failure in performing any of its obligations under this Agreement if such delay or failure is caused by circumstances outside the reasonable control of the party concerned (including any delay caused by any act or default of the other party).
Delay and Force Majeure. Delays in production or delivery of any one or more goods shall not relieve Buyer of its obligation to accept and pay for remaining deliveries, regardless of the cause of such delay. ICI shall not be liable for or responsible for any failure to perform or failure to give notice of a delay when such delay is due to acts of God, war, riot, acts of terrorism, pandemic, embargoes, acts of civil or military authorities, fire, flood, earthquake, accident, strike, severe inclement weather conditions, shortages of transportation facilities, shortages of utilities, delays in transportation, fuel, labor, or materials, a breakdown or accident or compliance with any other action taken to carry out the intent or purpose of any law or regulation, or for any other cause beyond ICI’s reasonable control. In the event of any delay caused by any such contingency, the date of shipment shall, at the discretion of ICI, be deferred until such event has terminated. In the event ICI’s production is curtailed for any of the foregoing reasons so that ICI cannot make available the full amount of the shipment, ICI may allocate production deliveries to the various customers then under contract for similar goods. The allocation will be made in a commercially fair and reasonable manner at ICI’s sole discretion. When allocation has been made, ICI will notify Buyer of the estimated quantity to be made available to Buyer and the approximate time when this quantity will be made available.
Delay and Force Majeure. 13.1 Save for the payment of any Fees due hereunder neither Party shall be liable for a delay in or failure to perform its obligations under this Agreement if such failure results from any force majeure event (whether happening in the United Kingdom or elsewhere) such as, but not limited to, Act of God, refusal of licence or other government act, fire, flood, explosion, strikes, lockout, industrial action, accident, lightning damage, electromagnetic interference, radio interference, difficulty in obtaining materials or any cause beyond its reasonable control ("Event of Force Majeure").
13.2 If the Event of Force Majeure in question continues for more than three 3 months either Party may give notice in writing to the other to terminate this Agreement. The notice to terminate must specify the termination date, which must not be less than 15 days after the date on which the notice is given, and once validly given, this Agreement will terminate on that date.
Delay and Force Majeure. 6.1. Any Services to be supplied by Intech will be supplied during regular business hours on Business Days. If for any reason you request Intech to provide services outside regular business hours, any overtime or additional expenses occasioned shall be invoiced to and payable by you to Intech at Intech’s monitoring rates applicable from time to time.
Delay and Force Majeure. 9.1. Shock Therapy Arts shall not be responsible for Services not completed due to delays caused by you and/or your staff.
9.2. If you or other recipients of the Services are late, Shock Therapy Arts shall not be responsible for completing the Services for the recipients who are running late.
9.3. In the event of fire, accident, flood, pandemic, act of God, or other causes beyond the parties’ control that prevent performance of the services, the parties release each other from the terms and obligations described here and from damages resulting from non-performance. In no event shall either party be liable for lost profits, sales, or any incidental, consequential, punitive or special damages arising from any breach of this Agreement.
9.4. In the event of any Force Majeure event causing the cancellation of the Services, you may re-schedule the Services, however such rescheduled date must be within twelve (12) months of the original Service provision date.
Delay and Force Majeure. 9.1. The Company will not be li- able or responsible for any delay or other consequences resulting from:
i. any failure by the Client to perform its obligations pursu- ant to the Agreement in respect of the performance of Services (including, but not limited to delaying commencement of the Services or failing to provide full, complete and accurate informa- tion, any materials or facilities required in connection with the performance of the Services) or ii. any third parties’ acts or omis- sions, or the acts or omissions of the Client’s respective employ- ees, affiliates agents or subcon- tractors; or
Delay and Force Majeure. A party anticipating a delay in the performance of the Work shall notify the other party as soon as practicable with full particulars. Both parties shall make every reasonable effort to mitigate or overcome the effects of any delay. If the Work is not performed in accordance with the applicable time periods specified in the Contract, Powertech may request an Equitable Adjustment. If the Work is expected to be, or is, delayed as a result of a Force Majeure Event, Contractor may request an Equitable Adjustment of time only. If the Work is delayed as a result of any act or failure to act of Powertech, its agents, employees or contractors, other than Contractor, Contractor may request an Equitable Adjustment.
Delay and Force Majeure. For the purposes of any of the provisions of this Agreement, neither the City nor Xxxxxxxxx, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations under this Agreement in the event of any delay caused by damage or destruction by fire or other casualty, or by reason of Acts of God, strikes, lockouts, unavailability of materials, failure of power, prohibitive governmental laws or regulations (beyond the control of the City), war, riots, insurrections, epidemics or pandemics that trigger the issuance of a gubernatorial disaster declaration by the Governor of the State of Illinois, the act or failure to act of the other party, adverse weather conditions preventing the performance of work as certified to by an architect, or other reason beyond such party’s control, and in such case, the time for performance of such act shall be extended for a period equivalent to the period of such delay. Lack of adequate funds or financial inability to perform shall not be deemed to be a cause beyond the control of such party. Force Majeure shall not include increase cost of material and labor.
