Events Beyond Control. (a) If we are unable to perform any obligations under these Terms and Conditions because of an Event Beyond Control then our obligations will be put on hold without liability until the Event Beyond Control is over. We will make reasonable efforts to put an end to any Event Beyond Control as soon as possible.
(b) If we are prevented from performing our obligations under these Terms and Conditions due to an Event Beyond Control for continuous period of 180 days, then we shall be entitled to terminate this Agreement without liability.
Events Beyond Control. (a) If we are unable to perform any obligations under these Terms and Conditions because of an Event Beyond Control then our obligations will be put on hold without liability until the Event Beyond Control is over. We will make reasonable efforts to put an end to any Event Beyond Control as soon as possible.
(b) If we are prevented from performing our obligations under these Terms and Conditions due to an Event Beyond Control for continuous period of 180 days, then we shall be entitled to terminate this Agreement without liability.
(a) If you need to contact us in an emergency or have a service complaint or dispute about any matter relating to this Agreement, please contact us on 800TASLEEM (000 0000000) or via email at xxxxxxxxxxxxxxx@xxxxxxx.xx or via the Tasleem website.
(b) We will try to resolve your complaint within two working days. If we cannot do so, we will give you a response within seven working days.
(c) If: (i) we have not resolved your complaint within 10 working days and have not written to you explaining why we need more time to reach a resolution; or (ii) you are not happy with our proposed resolution, you may refer your complaint to the Department of Energy by emailing xxxxxxxxxxxx@xxx.xxx.
Events Beyond Control. Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
Events Beyond Control. 14.1 Parties may be excused for failure to perform due to events beyond their reasonable control
a. A Party may be excused for failure to perform its obligations under this Contract due to events beyond its reasonable control provided that it has not caused the event l.
b. Without limitation to events that may be beyond the reasonable control of a Party, such events may include: strikes, insurrections, riots, and wars, floods, bushfires, earthquakes and other natural events, pandemic, border disclosure, declared state of emergency order or direction.
c. If either Party asserts an event beyond that Party’s control as an excuse for failure to perform its responsibilities, then the asserting Party must prove:
I. that it took reasonable steps to minimise delay or damage caused by foreseeable events;
II. that it substantially fulfilled all obligations not sought to be excused; and
III. that the other Party was notified in a timely manner of the likelihood or actual occurrence of the event.
Events Beyond Control. The obligations of either party to perform under this Agreement shall be excused if such failure to perform or any delay is caused by matters such as acts of God, strikes, civil commotion, riots, war, revolution, acts of governments, lack of adequate production capacity, failure or delay in plant start up, breakdown of machinery, shortage of raw materials, equipment, fuel, transportation, or containers, or any other cause whether similar or dissimilar to those enumerated that are reasonably beyond the control of the party obligated to perform. Upon the occurrence of such an event, the duties and obligations of the parties shall be suspended for the duration of the event preventing proper performance under this Agreement; provided however that if such suspension shall occur, the parties shall meet and attempt to arrive at a mutually acceptable compromise within the spirit and intent of this Agreement, and if such a reasonable compromise cannot be reached in good faith, then either party may terminate this Agreement upon thirty (30) days written notice.
Events Beyond Control. Notwithstanding Section 8.1, it shall not be an Event of Default if the cause of the purported Event of Default arises from the failure to occur of one or more Development Contingencies (as defined in Section 8.3) or from unforeseeable causes beyond the reasonable control of the Developer. Examples of such causes include (a) acts of God or public enemy, (b) acts or failure to act, or delays in action, of HUD, the City, other funding bodies or other governmental entities in either their sovereign or contractual capacity, (c) acts or failure to act of another contractor (other than a contractor to the Developer) in the performance of a contract with the City, (d) fires, (e) floods, (f) strikes or labor disputes, (g) freight embargoes, (h) unavailability of materials, (i) unusually severe weather, (j) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without fault or negligence of the Developer , or (k) delay caused by litigation that is not between the City and the Developer.
Events Beyond Control. Neither Party shall be liable for any failure to fulfill any term or condition of this Agreement (other than the obligation to pay) if fulfillment has been delayed, hindered or prevented by an event of force majeure including, but not limited to, any strike, lockout or other industrial dispute, acts of the elements, compliance with requirements of any governmental port or international authority, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any circumstances whatsoever beyond its reasonable control (“Force Majeure Event”). A Party affected by a Force Majeure Event will promptly notify the other Party, explaining the nature and expected duration thereof and such Party shall use all reasonable efforts to remedy or mitigate such Force Majeure
Events Beyond Control. Neither party shall be liable for any failure to fulfill any term or condition of this Agreement if fulfillment has been delayed, hindered or prevented by event of force majeure including, but not limited to, any strike, lockout or other industrial dispute, acts of the elements, compliance with requirements of any governmental port or international authority, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any circumstances whatsoever beyond its reasonable control, including, but not limited to, demand for Products in excess of DIADEXUS’ ability to produce Products and alleged or demonstrated infringement by the Products or their use of any proprietary right of a third party. In the event of excess demand for Products, DIADEXUS may allocate the supply of Products among its customers in the manner it deems most appropriate.
Events Beyond Control. Neither party shall be liable for any failure to fulfill any term or condition of this Agreement (other than the obligation to pay) if fulfillment has been delayed, hindered or prevented by an event of force majeure including, but not limited to, any strike, lockout or other industrial dispute, acts of the elements, compliance with requirements of any governmental port or international authority, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any circumstances whatsoever beyond its reasonable control, including, but not limited to, demand for Product in excess of NBY’s ability to produce Product and alleged or demonstrated infringement by the Product or their use of any proprietary right of a third party. In the event of excess demand for Product, NBY may allocate the supply of Product among its customers in the manner it deems most appropriate. In any case, NBY will use commercially reasonable efforts to supply confirmed Orders to Pioneer. ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
Events Beyond Control. Neither party shall be liable for any failure to fulfill any term or condition of this Agreement (other than the obligation to pay) if fulfillment has been delayed, hindered or prevented by an event of force majeure including, but not limited to, any strike, lockout or other industrial dispute, acts of the elements, compliance with requirements of any governmental port or international authority, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any circumstances whatsoever beyond its reasonable control, including, but not limited to, demand for the Product in excess of Microprofit’s ability to produce the Product and alleged or demonstrated infringement by the Product or its use of any proprietary right of a third party. In any case, Microprofit will use commercially reasonable efforts to supply confirmed Orders to NovaBay.
