Events Beyond Reasonable Control. Neither party nor its affiliates shall be liable for any loss (including loss caused by delays, failure, errors, interruption or loss of data) or breach hereunder occurring directly or indirectly by reason of any event or circumstance, whether foreseeable or unforeseeable, which despite the taking of commercially reasonable measures is beyond its reasonable control, including without limitation: natural disasters, such as floods, hurricanes, tornados, earthquakes and wildfires; epidemics; action or inaction of civil or military authority; war, terrorism, riots or insurrection; criminal acts; job action by organized labor; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; nonperformance by third parties (other than subcontractors of Transfer Agent for duties or obligations described herein, except to the extent that such non-performance would be an Event Beyond Reasonable Control of Transfer Agent if Transfer Agent was itself the non-performing party and the event(s) referenced above had affected Transfer Agent); or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the foregoing (all and any of the foregoing being an “Event Beyond Reasonable Control”). Upon the occurrence of an Event Beyond Reasonable Control, the affected party shall be excused from any non-performance caused by the Event Beyond Reasonable Control for so long such affected party continues to use commercially reasonable efforts to attempt to perform the obligation so impacted.
Events Beyond Reasonable Control. CoType Foundry will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident or impossibility of obtaining materials.
Events Beyond Reasonable Control. Neither party will be liable for failing to meet its responsibilities under the Agreement (except Your obligation to pay Charges for Services You have received) because of a Force Majeure Event.
Events Beyond Reasonable Control. 22.1 Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control, including without limitation acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Events Beyond Reasonable Control. Notwithstanding any other provision and for all purposes of this Agreement: Neither party nor its Affiliates shall be liable for any Loss (including Loss caused by delays, failure, errors, interruption or loss of data) or breach hereunder occurring directly or indirectly by reason of any event or circumstance, whether foreseeable or unforeseeable, which despite the taking of commercially reasonable measures is beyond its reasonable control, including without limitation: extraordinary forces of nature and natural disasters, such as floods, hurricanes, severe storms (storms with a destructive force substantially equivalent to hurricanes but not meeting technical criteria necessary for hurricane designation), tornados, earthquakes and wildfires; national or local states of emergencies; epidemics; action or inaction of civil or military authority; war, terrorism, riots or insurrection; criminal acts; job action by organized labor, building or area evacuations ordered by lawful authority; interruption, loss or malfunction of utilities, transportation, computer or communications capabilities; denial of service attacks; non-performance by third parties (other than subcontractors of BNYM for causes other than those described herein); or functions or malfunctions of the internet, firewalls, encryption systems or security devices caused by any of the foregoing.
Events Beyond Reasonable Control iCare is not liable for failing to meet an obligation under this agreement to the extent that, and for as long as, the failure is caused by an event beyond its reasonable control (including any delay in supply or failure of any goods or services supplied to iCare). If iCare fails, or believes it may fail, to meet an obligation because of an event beyond its reasonable control, it must use reasonable endeavours to give notice to the Customer of the event and the likely effect of the event and do all it reasonably can to meet the obligation as soon as is reasonably practicable. This does not require iCare to change the way it would otherwise deal with any labour disruption.
Events Beyond Reasonable Control. Fast Track Communications cannot be held liable for failing to meet our responsibilities under the Agreement because of events beyond our reasonable control, including but not limited to acts of or omissions of third-party network operators or managers, acts of war or terrorism, natural disasters, strikes and lockouts.
Events Beyond Reasonable Control. None of the Paying Agents shall be liable for any loss caused by events beyond their reasonable control including any malfunction, interruption or error in the transmission of information caused by any machine or systems or interception of communication facilities, abnormal operating conditions or acts of God.
Events Beyond Reasonable Control. Neither party shall have liability for any loss, damage, delay, or failure to perform resulting from any event beyond such party’s reasonable control, including, but not limited to: acts or omissions of any governmental agency, third party, or User; fire, earthquake, or other acts of God; war, civil disobedience, or sabotage; other criminal acts; Internet, telecommunications, or equipment failure; or power failure.
Events Beyond Reasonable Control. Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
