Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 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, Western Canada, Membership Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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 5 contracts
Samples: Subscriber Agreement, Subscriber Agreement, Subscriber Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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: www.ecrc-simec.ca, www.ecrc-simec.ca, secure.ecrc.ca
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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 3 contracts
Samples: Handling Facility Membership Agreement, Handling Facility Membership Agreement, Handling Facility Membership Agreement
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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: And Confirmation of Arrangement, And Confirmation of Arrangement
Exception for Failure by Either Party. Neither party will be is entitled to the benefits of the provisions of Section 10.1 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
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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
Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 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
