DELAY; FORCE MAJEURE. Should performance of the Consultant’s services be materially hampered by cause beyond is reasonable control, a Force Majeure results. Force Majeure includes, but is not restricted to, acts of contractors (other than Consultant’s contactors), fires, folds, labor disturbances, and unusually severe weather. If a Force Majeure occurs, Consultant will be granted a time extension based upon the effect of the Force Majeure upon Consultant’s performance. The parties will also agree upon terms and conditions, including additional compensation, for continuation or termination of this Agreement. If no agreement is reached, a Force Majeure which continues for 120 days from the event of Force Majeure gives Consultant the option to terminate its obligations under this Agreement in accordance with Article 6.
DELAY; FORCE MAJEURE. Seller shall not be liable for loss or damage to Buyer from delay in delivery of Equipment resulting from causes beyond Seller’s reasonable control or caused by strikes or labor difficulties, lockouts, acts or omissions of any governmental authority of Seller, insurrection or riot, terrorism or threats of terrorism, war, fires, floods, Acts of God, breakdown of essential machinery, accidents, embargoes, car and material shortages, delays in transportation or inability to obtain labor, materials or parts from usual sources. Any such delay shall be excused for the time reasonably necessary to compensate for the delay.
DELAY; FORCE MAJEURE. Neither party will be liable for any failure or delay in its performance under this Agreement, or for damages or losses due to causes beyond its reasonable control, including acts of God, acts of civil or military authority, fires, floods, earthquakes, environmental conditions, riots, wars, acts of terror, sabotage, failure of utilities, failure of electronic or mechanical equipment or communications lines caused by outside forces, telephone or other interconnect problems, telecommunications failure caused by outside forces or governmental actions; provided, however, that such affected party give prompt notice to the other party and take reasonable efforts to mitigate the effects of such causes. The party whose performance is affected will use reasonable efforts to minimize and eliminate the causes of the non-performance.
DELAY; FORCE MAJEURE. In the event either party is delayed in the performance of any obligation required by this Agreement, such performance shall be excused (unless the specific provision otherwise provides) for the period of the delay and performance of any such obligation shall be extended for a period equal to the delay, if and only if the delay is by reason of “force majeure”, which as used herein shall mean fire, earthquake, hurricane, flood and a similar act of God constituting a natural disaster, explosion, terrorist action, war, executive order of government or similar causes not within the control of the entity being delayed. However, the time for Concessionaire’s performance of any obligation shall not be extended due to any lack of funds, financial or economic problems of Concessionaire or Concessionaire’s architects, contractors, suppliers, agents, consultants and/or employees. If Concessionaire shall claim a delay due to force majeure, Concessionaire must notify the Director in writing for receipt by the City within fifteen (15) days of the first occurrence of an event of force majeure. Such notice must specify in reasonable detail the cause or basis for claiming force majeure and the anticipated delay in Concessionaire’s performance. In no event shall any delay extend Concessionaire’s performance beyond a seventy-five (75) day period without the specific written approval of the Director. Under no circumstances shall any such condition or delay, whether such condition or delay is claimed by the City or Concessionaire, excuse or delay Concessionaire’s payment of any charges due hereunder. Further, the City’s reasonable reduction of heat, light, air conditioning or any other services whatsoever to the Terminal, the Airport or the Premises shall not relieve or excuse Concessionaire from any of its obligations hereunder.
DELAY; FORCE MAJEURE. The performance of any act by City or Concessionaire hereunder may be delayed or suspended at any time while, but only so long as, such party is hindered in or prevented from performance of its obligations under this Agreement by riots, acts of God, pandemic, COVID-19, war, rebellion, lockouts, governmental law, regulatory or restrictions in the nature of a moratorium or prohibition, or any other bona fide causes beyond the reasonable control of such party (each a “Force Majeure”), provided, however, if such condition persists for more than two hundred forty (240) consecutive days, City and Concessionaire may in their sole discretion renegotiate the terms of this Agreement. If the performance of the contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case later than fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. In no event shall “Force Majeure” include the following instances, unless caused by Force Majeure: economic hardship, financial inability to perform specific to the party, technological impossibility, or failure to secure any of the required permits pursuant to this Agreement, unless such failure is caused by City or other governmental authority.
DELAY; FORCE MAJEURE. 10.4 The Implementation Plan shall be adjusted in writing in the event of: (a) any delay caused by Client’s failure or inability to perform a Client Obligation, save to the extent that the same is a direct result of SolutionsPT not fulfilling an obligation; or (b) any delay due to Client’s request for changes to the Services or Specification that are made after the same has been agreed, or (c) any delay contemplated by clause 10.3. For the avoidance of doubt, no such delay will relieve or suspend Client’s obligation to pay SolutionsPT under an Agreement.
DELAY; FORCE MAJEURE. Polaris will not be liable for any failure or delay in complying with its obligations under these T&Cs or any contract with the Client where Polaris arising out of any matter which is beyond the reasonable control of Polaris including: fire; explosion; destruction of its stock; accident; road conditions; inclement weather; breakdown in machinery (provided that Polaris has undertaken reasonable maintenance); shortage or unavailability of supply of Products; change of law or government action (Force Majeure Event). Where a Force Majeure Event occurs Polaris shall notify the Client as soon as practicable and shall also advise the Client of the expected duration of the Event of Force Majeure. If the Event of Force Majeure which prevents Polaris performing its obligations beyond 10 Business Days after the Indicative Delivery date the Client may by notice to Polaris cancel the order.
DELAY; FORCE MAJEURE. The delay in performance or failure to timely perform the obligations of PacifiCorp under this Agreement shall be excused upon the occurrence and continuation of an event of Delay Force Majeure. For purposes of this Agreement, “Delay Force Majeure” shall mean an event or circumstance which causes a delay or prevents either or both of MEHC and/or PacifiCorp from performing its obligations under this Agreement, which event or circumstance was not within the reasonable control of, either of MEHC or PacifiCorp, including but not limited to the following: (1) the failure of any contractor or subcontractor necessary to the development or construction of the proposed expansions to perform its obligations in any material respect; (2) as a result of the actions or inactions of any third party, the failure to obtain any governmental permit or agreement with working interest owners necessary to develop, construct or operate the proposed expansions; (3) any war, declared or not, hostilities, belligerence, blockade, revolution, insurrection, riot, or public disorder including general labor disturbances not specific to MEHC’s or PacifiCorp’s personnel;
DELAY; FORCE MAJEURE. 5.1 The Company shall not be liable to the Customer or be deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Lifting Services and/or Lifting Equipment, if the delay or failure was due to any cause beyond the Company’s reasonable control and such failure or delay shall entitle either party to terminate the Contract if it persists for more than three months but the Customer shall remain liable to pay for any Lifting Equipment supplied by way of hire or sale and/or any provision of the Lifting Services prior to the date of such cancellation. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
DELAY; FORCE MAJEURE. 9.1 Client acknowledges and agrees that SolutionsPT's ability to perform the Services in a timely manner is contingent upon timely completion by Client of each Client Obligation.
