EVENTS BEYOND YOUR OR OUR CONTROL. 15.1 The Impacted Person will be excused for not meeting or performing its obligations during the time and to the extent that Force Majeure prevents it from doing so (other than an obligation to pay money).
EVENTS BEYOND YOUR OR OUR CONTROL. Neither we nor you will be liable for failing to carry out any of the terms of this Agreement to the extent that we cannot do so because of circumstances beyond our control. However, we must each use all reasonable efforts to bring an end to such circumstances as soon as possible. If such circumstances continue for a period longer than three months, then whichever party is not affected by the circumstances may terminate this Agreement by giving one month’s notice in writing.
EVENTS BEYOND YOUR OR OUR CONTROL. In this Agreement, Force Majeure means, for an Impacted Person, any event or circumstance occurring after the Acceptance Date that: • is not within the reasonable control of the Impacted Person; • could not be prevented, overcome or remedied by the exercise of reasonable effort by the Impacted Person; and • results in the Impacted Person being unable to meet or perform its obligation under this Agreement. Not withstanding the paragraph above, the failure or inability of the Impacted Person to pay any amount due and payable under this Agreement does not constitute Force Majeure. The Impacted Person will be excused for not meeting or performing its obligations during the time and to the extent that Force Majeure prevents it from doing so (other than an obligation to pay money). The Impacted Person must: • try to remove, overcome or minimise the effects of Force Majeure as soon as it can; and • give the other person prompt notice, including any information required by the Regulatory Requirements. If the effects of such an event are widespread, we may give you prompt notice by making the necessary information available on a 24 hour telephone service. We’ll try to do this within 30 minutes of becoming aware of the event or otherwise as soon as practicable.
EVENTS BEYOND YOUR OR OUR CONTROL. 16.1 Liability for unexpected events Neither you nor we will be liable for any loss, damage, cost or expense that results from not being able to perform any obligation or duty under this agreement if that failure is caused by any event or circumstance beyond that person’s reasonable control. In our case, that includes events beyond the reasonable control of our employees, contractors, agents, nominees or system providers. This includes the result of any failure of any external telecommunications or other computer service or system that prevents us from processing an instruction or the actions or failures of any counterparty, agent or information provider. Events that meet these conditions are called ‘Force Majeure’ events. To avoid doubt, neither you nor we will be able to claim a Force Majeure event for a failure of our own computer systems and networks unless:
EVENTS BEYOND YOUR OR OUR CONTROL. (FORCE MAJEURE)
