Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 11.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 6 contracts
Samples: Ship (Non Bulk Oil) Membership Agreement, Subscriber Agreement, Subscriber Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 11.1 10.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 5 contracts
Samples: Membership Agreement, Ship (Bulk Oil) Membership Agreement, Ship (Bulk Oil) Membership Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 11.1 13.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 4 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 11.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances, provided that the dispute shall not require either party to effect settlement of any labour disputes.
Appears in 3 contracts
Samples: Ship (Bulk Oil) Membership Agreement, Membership Agreement, Membership Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 11.1 14.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 2 contracts
Samples: Confirmation of Arrangement, Confirmation of Arrangement
Exception for Failure by Either Party. β Neither party will be entitled to the benefits of the provisions of Section 11.1 14.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 1 contract
Samples: Designated Oil Handling Facility Membership Agreement
Exception for Failure by Either Party. β Neither party will be entitled to the benefits of the provisions of Section 11.1 13.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 1 contract
Samples: Membership Agreement
Exception for Failure by Either Party. Neither party will be is entitled to the benefits of the provisions of Section 11.1 if and to the extent that its inability to duly perform any obligation hereunder under this Agreement was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
Appears in 1 contract
