Common use of Delays; Force Majeure Clause in Contracts

Delays; Force Majeure. A Party shall not be deemed in default of any of its obligations under this Agreement other than an obligation to make payment if, and to the extent that, performance of such obligation is prevented or delayed by acts of God or public enemy, civil war, insurrection or riot, fire, flood, explosion, earthquake, labour dispute causing cessation slowdown or interruption of work, national emergency, act or omission of any governing authority or agency thereof, inability after reasonable endeavours to procure equipment, data or materials from suppliers, pandemic, epidemic or widespread infectious disease or any other circumstances beyond its reasonable control (Event of Force Majeure), provided that such Event of Force Majeure is not caused by the negligence of that Party, and that Party has notified the other in writing of the Event of Force Majeure. The Party notifying an Event of Force Majeure shall use all reasonable endeavours to avoid or minimise the effects of an Event of Force Majeure. Upon the occurrence of an Event of Force Majeure, the time for performance shall be extended for the period of delay or inability to perform due to such occurrence, but if an Event of Force Majeure continues for a continuous period of more than one month the other Party shall be entitled to terminate this Agreement.‌

Appears in 3 contracts

Samples: Master Services Agreement, Master Service Agreement, Master Service Agreement

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Delays; Force Majeure. A Party shall not be deemed in default of any of its obligations under this Agreement other than an obligation to make payment if, and to the extent that, performance of such obligation is prevented or delayed by acts of God or public enemy, civil war, insurrection or riot, fire, flood, explosion, earthquake, labour dispute causing cessation slowdown or interruption of work, national emergency, act or omission of any governing authority or agency thereof, inability after reasonable endeavours to procure equipment, data or materials from suppliers, pandemic, epidemic or widespread infectious disease or any other circumstances beyond its reasonable control (Event of Force Majeure), provided that such Event of Force Majeure is not caused by the negligence of that Party, and that Party has notified the other in writing of the Event of Force Majeure. The Party notifying an Event of Force Majeure shall use all reasonable endeavours to avoid or minimise the effects of an Event of Force Majeure. Upon the occurrence of an Event of Force Majeure, the time for performance shall be extended for the period of delay or inability to perform due to such occurrence, but if an Event of Force Majeure continues for a continuous period of more than one month the other Party shall be entitled to terminate this Agreement.‌Agreement.

Appears in 1 contract

Samples: Service Agreement

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Delays; Force Majeure. A Party shall not be deemed in default of any of its obligations under this Agreement Service Order other than an obligation to make payment if, and to the extent that, performance of such obligation is prevented or delayed by acts of God or public enemy, civil war, insurrection or riot, fire, flood, explosion, earthquake, labour dispute causing cessation slowdown or interruption of work, national emergency, act or omission of any governing authority or agency thereof, inability after reasonable endeavours to procure equipment, data or materials from suppliers, pandemic, epidemic or widespread infectious disease or any other circumstances beyond its reasonable control (Event of Force Majeure), provided that such Event of Force Majeure is not caused by the negligence of that Party, and that Party has notified the other in writing of the Event of Force Majeure. The Party notifying an Event of Force Majeure shall use all reasonable endeavours to avoid or minimise the effects of an Event of Force Majeure. Upon the occurrence of an Event of Force Majeure, the time for performance shall be extended for the period of delay or inability to perform due to such occurrence, but if an Event Event‌ of Force Majeure continues for a continuous period of more than one month the other Party shall be entitled to terminate this Agreement.‌Service Order.

Appears in 1 contract

Samples: freshwavegroup.com

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