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.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
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 a period of time 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, which Force Majeure causes include but are not limited to, Force Majeure, defined asthe following:
a) 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, terrorism, 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 b. Inability due to causes beyond Seller’s reasonable control to timely obtain from suppliers or subcontractors subcontractor 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 Orderthis Contract or excuse any failure by Seller to resume all obligations. In the event Seller is affected in the performance of its obligations by any of the aforementioned causes, it shall give the Buyer Purchaser 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 nonperformance and to minimize its effects, and shall continue the performance of its other obligations under the Purchase Orderthis Contract.
Appears in 2 contracts
Samples: Terms and Conditions, Purchase Agreement
Delay and Force Majeure. a. 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 a period of time 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, which Force Majeure causes include but are not limited to, Force Majeure, defined asthe following:
a) i. 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, terrorism, hijacking, fires, strikes, labor stoppage, labor shortage, supply chain disruption, sabotage, epidemics, pandemics, government shutdown or related action, 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 ii. Inability due to causes beyond Seller’s reasonable control to timely obtain from suppliers or subcontractors subcontractor 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. .
b. Partial delay or failure of performance due to any of the aforementioned causes shall not in itself terminate the Purchase Order. this Contract or excuse any failure by Seller to resume all obligations.
c. In the event Seller is affected in the performance of its obligations by any of the aforementioned causes, it shall give the Buyer Purchaser 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 nonperformance and to minimize its effects, and shall continue the performance of its other obligations under the Purchase Order.this Contract
Appears in 1 contract
Samples: Sales Contracts
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 a period of time 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, which Force Majeure causes include but are not limited to, Force Majeure, defined asthe following:
a) 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 b. Inability due to causes beyond Seller’s reasonable control to timely obtain from suppliers or subcontractors subcontractor 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 Orderthis Contract or excuse any failure by Seller to resume all obligations. In the event Seller is affected in the performance of its obligations by any of the aforementioned causes, it shall give the Buyer Purchaser 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 nonperformance and to minimize its effects, and shall continue the performance of its other obligations under the Purchase Orderthis Contract.
Appears in 1 contract
Samples: Terms and Conditions