Common use of Events Beyond Control Clause in Contracts

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.

Appears in 5 contracts

Samples: Master Contract, Master Contract, Master Contract

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Events Beyond Control. 14.1 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. i. that it took reasonable steps to minimise delay or damage caused by foreseeable events; IIii. that it substantially fulfilled all obligations not sought to be excused; and IIIiii. that the other Party was notified in a timely manner of the likelihood or actual occurrence of the event.

Appears in 1 contract

Samples: Master Contract

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Events Beyond Control. 14.1 14.1. Parties may be excused for failure to perform due to events beyond their reasonable control. a. 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. 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. 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. i. that it took reasonable steps to minimise delay or damage caused by foreseeable events; IIii. that it substantially fulfilled all obligations not sought to be excused; and IIIiii. that the other Party was notified in a timely manner of the likelihood or actual occurrence of the event.

Appears in 1 contract

Samples: Master Contract

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