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.
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. 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. 14.1 Parties may be excused for failure to perform due to events beyond their reasonable control
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 (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.
Events Beyond Control. 1) Neither party shall be liable to the other party for any direct or indirect losses or damages caused by any failure to observe the terms and conditions of this Agreement, provided that such failure is occasioned by causes beyond its reasonable control. This includes but is not limited to the occurrence of a Force Majeure Event. The non-performing party shall provide prompt written notice to the other party upon the occurrence of any such event and inform the other party of the period for which it is estimated that such failure or delay of performance will continue. The party affected by the events beyond its control shall take all reasonable steps to alleviate arrangements as may be fair and reasonable.
Events Beyond Control. Notwithstanding Section 10.1, this Agreement shall not be terminated for an Event of Default if the delay in completing the work or other cause of the subject Event of Default arises from the failure to occur of one or more Development Contingencies (as defined in Section 10.3.1) 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 the Authority, 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 Authority, (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 Authority and the Developer.
Events Beyond Control. Xxxxxxxxx shall not be in breach of this Agreement nor liable for delay in performing or failing to perform any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to (a) acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law, change in law or action taken by a government or public authority; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts; (h) recession; and (i) interruption or failure of utility service. If Middleton closes the relevant campus due to any such events, circumstances or causes, Xxxx payable will not be prorated and Fees paid are non-refundable.
