Delay or Impossibility of Performance Sample Clauses

Delay or Impossibility of Performance. Neither party shall be in default under the Contract if performance is delayed or made impossible by an act of God. In each such case, the delay or impossibility must be beyond the control and without the fault or negligence of the Contractor. If delay results from a subcontractor’s conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of the Contract.
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Delay or Impossibility of Performance. The Contractor shall not be in default under this Contract if performance is delayed or made impossible by an act of God, flood, fire or similar events. In each such case, the delay or impossibility must be beyond the control and without the fault or negligence of the Contractor. If delay results from a subcontractor’s conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of this Contract.
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Delay or Impossibility of Performance. Neither party shall be in default under this Agreement if performance is delayed or made impossible by circumstances or causes beyond its reasonable control, including, without limitation, an act of God, flood, fire, governmental action, war, violence, terrorism, failure to cooperate by any third party, or similar events. In each such case, the delay or impossibility must be beyond the reasonable control and without the fault or negligence of the party.
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Delay or Impossibility of Performance. Neither party shall be in default under this Agreement if performance is delayed or made impossible by an act of God. The delay or impossibility must be beyond the control and without the fault or negligence of the defaulting party. If delay results from a subcontractor’s conduct, negligence or failure to perform, the IDPH shall not be excused from compliance with the terms and conditions of this Agreement.
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Delay or Impossibility of Performance. Neither Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, or be required to perform any term, provision, agreement, condition or covenant in this Agreement so long as such performance is hindered, prevented, or delayed by ‘force majeure’, which shall mean acts of God, strikes, injunctions, war, lockouts or labor restrictions, pandemics or epidemics, or other actions imposed by any third party beyond the control of the parties, sub-contractors, independent contractors, or employees hereto. The impacted party shall give notice within 10 days of the Force Majeure Event to the other party, to the extent practicable, stating the period of time the occurrence is expected to continue. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If delay results from a subcontractor’s conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of the Contract.
Sample 1
Delay or Impossibility of Performance. Neither party shall be in default under this Contract if performance is prevented, delayed or made impossible to the extent that such prevention, delay, or impossibility is caused by a “force majeure.” The term “force majeure” as used in this Contract includes an event that no human foresight could anticipate or which, if anticipated, is incapable of being avoided. Circumstances must be abnormal and unforeseeable, so that the consequences could not have been avoided through the exercise of all due care, such as acts of God, war, civil disturbance and other similar causes. The delay or impossibility of performance must be beyond the control and without the fault of negligence of the parties. “Force majeure” does not include: financial difficulties of the Contractor or any parent subsidiary, affiliated or associated company of contractor; claims or court orders that restrict Contractor’s ability to deliver the Deliverables contemplated by this Contract; strikes; labor unrest; or supply chain disruptions. If delay results from a subcontractor’s conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of this Contract, unless the subcontractor or supplier is prevented from timely performance by a “force majeure” as defined in this contract. If a “force majeure” delays or prevents the Contractor’s performance, the Contractor shall immediately use its best efforts to directly provide alternate and, to the extent possible, comparable performance. Comparability of performance and the possibility of comparable performance shall be determined solely by the Division. The party seeking to exercise this provision and not perform or delay performance pursuant to a “force majeure” shall immediately notify the other party of the occurrence and reason for the delay. The parties shall make every effort to minimize the time of nonperformance and the scope of work not being performed due to the unforeseen events. Dates by which performance obligations are scheduled to be met will be extended only for a period of time equal to the time lost due to any delay so caused.
Sample 1
Delay or Impossibility of Performance. The Contractor shall not be in default under this Contract if performance is delayed or made impossible by an act of God, flood, fire or similar events. In each such case, the delay or impossibility must be beyond the control and without the fault or negligence of the Contractor. If delay results from a subcontractor’s conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of this Contract. ALTERNATIVE CLAUSE: You may want to include a provision for voluntary alternative dispute resolution. Here is some language you can use: Dispute Resolution. Disputes under this Contract may be submitted to voluntary mediation. The Agency will not submit to binding arbitration under any circumstances. You should not agree to binding arbitration. The following clauses are often required in contracts funded by federal grants or funds. This list of clauses is not exhaustive. If your Contract is funded by federal money, you should review your grant or contract with the federal government to see if there are any other requirements that are special to your program. For example, a federal program for development of low-income housing would likely require any projects the Agency funds to comply with federal fair housing laws. Federal clauses:
Sample 1
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Delay or Impossibility of Performance. The Seller shall have the right to suspend the delivery of any of the goods or services to be supplied by it to the Buyer to the extent and for as long as such delay is caused by or attributable to any circumstances beyond its control, including but not limited to inclement weather, war, sanctions, rebellion, strikes, breakdown of machinery, civil commotion or unrest, floods, storms, official or unofficial boycotts or acts of State or acts of God. The Seller shall, in the event that any or all of the aforegoing circumstances persist for ninety days or longer and while those circumstances persist, be entitled to forthwith cancel the agreement of sale by written notice to the Buyer in respect of the goods or services not delivered at the time of such cancellation. The Seller shall not be liable to the Buyer for damages, losses or expenses suffered as a result of such suspension or cancellation but the Buyer shall remain liable for payment of the price of goods or services delivered by the Seller up to the date of such suspension or cancellation.
Sample 1
Delay or Impossibility of Performance. The Seller shall have the right to suspend the delivery of any of the goods or services to be supplied by it to the Buyer to the extent and for as long as such delay is caused by or attributable to any circumstances beyond its control, including but not limited to inclement weather, war, sanctions, rebellion, strikes, breakdown of machinery, civil commotion or unrest, floods, storms, official or unofficial boycotts or acts of State or acts of God. The Seller shall, in the event that any or all of the aforegoing circumstances persist for ninety days or longer and while those circumstances persist, be entitled to forthwith cancel the agreement of sale by written notice to the Buyer in respect of the goods or services not delivered at the time of such cancellation. The Seller shall not be liable to the Buyer for damages, losses or expenses suffered as a result of such suspension or cancellation but the Buyer shall remain liable for payment of the price of goods or services delivered by the Seller up to the date of such suspension or cancellation. Complaints The Seller reserves the right to refuse to recognise any complaint or claim by the Buyer in respect of specification, or short delivery of goods and/or services unless such complaint is lodged with the Seller within two weeks after receipt of the goods by the Buyer. The Seller shall bear no liability of any nature whatsoever to the Buyer in respect of any complaint or claim lodged by the Buyer after the said two week period unless the parties agree in writing to the contrary.
Sample 1

Related to Delay or Impossibility of Performance

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Resumption of Performance During the period that a Force Majeure Event is subsisting, the Affected Party shall, in consultation with the other Parties, make all reasonable efforts to limit or mitigate the effects of such Force Majeure Event on the performance of its obligations under the PPA. The Affected Party shall also make efforts to resume performance of its obligations under this Agreement as soon as possible and upon resumption, shall notify other Parties of the same in writing. The other Parties shall afford all reasonable assistance to the Affected Party in this regard.

  • Failure of Performance (Art. 44) §1The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority.

  • EXCUSE OF PERFORMANCE Seller shall not be liable for delays in performance or for non-performance due to acts of God; acts of Buyer; war; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances or any events or causes beyond Seller’s reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of any of the foregoing, but the balance of the agreement shall otherwise remain unaffected as a result of the foregoing. If Seller determines that its ability to supply the total demand for the Goods, or to obtain material used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Seller may allocate its available supply of the Goods or such material (without obligation to acquire other supplies of any such Goods or material) among [itself and] its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result therefrom.

  • Continuity of Performance In the event of a dispute between the Party and the State, each party will continue to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is terminated in accordance with its terms.

  • Warranty of Performance Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all Services and that each person and entity that will provide Services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services.

  • Availability of Performance Order If, and to the extent that, a breach of this contract has been caused by a Relevant Force Majeure Event, the Non-affected Party shall not be entitled to a Performance Order except to secure performance by the Affected Party of its obligations under this Clause 17.

  • Timeliness of Performance Contractor must provide the Services and Deliverables within the term and within the time limits required under this Contract, pursuant to Detailed Specifications or as specified in the applicable Task Order or Purchase Order. Further, Contractor acknowledges that TIME IS OF THE ESSENCE and that the failure of Contractor to comply with the time limits may result in economic or other losses to the City. Neither Contractor nor its agents, employees or Subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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