Exceptional Events. 26.1 We will not be liable to you for any delay in performance, or for the non-performance of any of our obligations under this Agreement by reason of any cause that is beyond our reasonable control, a "Force Majeure Event".
26.2 A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
(b) the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
(c) the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
(e) failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self- regulatory organisation, for any reason, to perform its obligations.
26.3 If we determine in our reasonable opinion that a Force Majeure Event has occurred or is occurring, and we deem such action necessary in our reasonable discretion to protect our interests or those of our clients and other customers, we may at any time and without notice:
(a) treat any or all Transactions that are then outstanding as having been cancelled and terminated;
(b) sell or otherwise convert any Position under our control into monies in such manner as we reasonably consider necessary or appropriate; and/or
(c) close out, replace or reverse any or all Transactions, enter into any other Transaction or take, or refrain from taking, such other action at such times and in such manner as we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any contracts, Positions or commitments.
26.4 Upon the occurrence of a Force Majeure Event we will use commercially reasonable efforts to resume norma...
Exceptional Events. 6.1 Where an Operator (the “Affected Operator”) notifies the other Operator of the occurrence of an Exceptional Event on a Gas Day which requires the reduction of Confirmed Nomination Quantities or Daily CNQ (as applicable), the Affected Operator shall adjust:
(a) Processed NTS Nomination Quantities in accordance with the Uniform Network Code where it is National Grid Gas; or
(b) Processed IUK Nomination Quantities in accordance with IUK Transportation Arrangements where it is IUK.
6.2 IUK shall apply the lesser rule as set out in paragraph 5.3.3(b)(i) to determine revised matched quantities where an Exceptional Event is notified under paragraph 6.1 and from such revised matched quantities, determine revised Confirmed Nomination Quantities.
6.3 Upon cessation of an Exceptional Event, the Affected Operator shall issue a Resumption Notice to the other Operator.
6.4 National Grid Gas shall notify the National Grid Gas Shippers and IUK shall notify the IUK Shippers of the expected and actual end of the Exceptional Event.
Exceptional Events. The Local Agency will assist DARM with any data gathering, information gathering, data analysis, or information gathering needed to attribute an exceedance of the NAAQS or a violation of the NAAQS to one or more exceptional events. Exceptional events are unusual or naturally occurring events that can affect air quality but are not reasonably controllable using techniques that state or local air agencies may implement in order to attain and maintain the NAAQS. As the state’s PQAO, DARM is responsible for determining if air quality monitoring data have been influenced by exceptional events and reporting any such exceptional events to EPA.
Exceptional Events. If a Borrower’s Vessel:
(a) suffers a Major Casualty Event and the Intercreditor Agent has not approved a Repair Plan submitted by the relevant Borrower for the repair of the relevant Vessel in accordance with Clause 19.34;
(b) suffers a Total Loss; or
(c) otherwise is lost, sold or otherwise disposed of by such Borrower, then on the earlier to occur of:
(i) the date on which such Borrower receives any insurance or other proceeds in respect of such Major Casualty Event, Total Loss or other loss, sale or other disposal by such Borrower; and
(ii) the date falling 180 days after such Major Casualty Event, Total Loss or other loss, sale or other disposal by such Borrower, the Available Commitments automatically shall be cancelled by an amount equal to the maximum amount stated in Clause 2.1 in respect of such Borrower’s Term Loan (as such amount may have been reduced in accordance with this Agreement (including pursuant to Clause 4.3(c), Clause 5.6 or Clause 5.10)) minus the participation of each Lender in each outstanding Loan under such Term Loan. Upon such cancellation the participation of each Lender in each outstanding Loan under such Term Loan, together with accrued interest, and all other amounts accrued under the Finance Documents, immediately shall be due and payable by such Borrower. For the avoidance of doubt, no cancellation of the Available Commitments will occur and no prepayment of the Relevant Borrower’s Term Loan will be required in accordance with this Clause 5.9 following a Major Casualty Event if the relevant Vessel affected by such Major Casualty Event has become a Released Vessel in accordance with Clause 5.17.
Exceptional Events. In case of an exceptional event, the system operators shall contact each other as soon as possible using communication means which shall facilitate fast and simultaneous communication (per default, telephone call for information, followed by a written confirmation) in respect of the possible impact on the quantities and quality of gas that can be transported over the connection point. The system operators shall coordinate the necessary actions with a view to correcting the event with as minimal effect upon shippers as possible. As far as reasonably practicable there shall be consistent and simultaneous communication between system operators and affected shippers.
Exceptional Events. 28.1 We shall not be in breach of this Agreement and shall not be liable or have responsibility of any kind for any claims, losses, damages, costs or expenses (including legal fees) incurred by you as a result (directly or indirectly) of any total or partial failure, interruption or delay in the performance of this Agreement occasioned by any Force Majeure Event.
28.2 You acknowledge and agree that we may in our reasonable opinion, determine that a Force Majeure Event exists or is about to occur; as the case may be, and we will inform you as soon as reasonably practicable (which may be via announcement on our website) if we so determine. We shall use commercially reasonable efforts to resume performance.
28.3 Upon the occurrence of a Force Majeure Event, you may be obliged to deposit further Margin or we may be obliged to close certain positions at short notice in order to stop the Force Majeure Event causing you losses, or further losses, on your Account.
28.4 On the occurrence of a Force Majeure Event, all of our obligations under this Agreement shall be immediately suspended for the duration of such event. Additionally, if we determine that a Force Majeure Event exists, has occurred, or is about to occur then we may take one or more of the following steps (without prejudice to any other rights under this Agreement and at our sole reasonable discretion): • alter: (i) normal trading times and/or (ii) the Margin requirements; • amend or vary the terms of this Agreement and any transaction contemplated by this Agreement insofar as it is impractical or impossible for us to comply with our obligations; • close any or all Open Positions, cancel instructions and Orders as we reasonably deem to be appropriate in the circumstances; and/or • take or omit all such other actions as we reasonably deem necessary or appropriate in the circumstances, having regard to you and your interests and positions, and the interests and positions or our other Clients, and neither we, nor any of our directors, officers, employees, agents or advisers will be liable for any failure, hindrance or delay in performing our obligations under this Agreement or for taking or omitting to take any action pursuant to this subparagraph.
28.5 In the event of a Force Majeure, the Company’s Negative Balance Protection policy shall remain applicable.
Exceptional Events. In case of an exceptional event, the TSOs will contact each other as soon as possible and coordinate the necessary actions with a view to correcting the event with as minimal effect upon shippers as possible. As far as reasonably practicable there shall be consistent and simultaneous communication between TSOs and affected shippers.
Exceptional Events. In case of an exceptional event, the IOs will contact each other as soon as possible and coordinate the necessary actions with a view to correcting the event with as minimal effect upon shippers as possible. As far as reasonably practicable there shall be consistent and simultaneous communication between IOs and affected shippers.
Exceptional Events. 38.1 In the event of the death or legal incapacity of the Customer, business relations with us shall continue until to be notified in writing, by registered mail, of such event, such notification being effective as of the first Business Day following the day of actual receipt of such notification by us or until we receive information about the death of the Customer through an official source. Where we will be informed about the death of the Customer, your Account will be frozen. The provisions of the GTCs will continue to bind the estate of the deceased until the Account to be closed. As long as no such formal notice has been given, we may not be held liable for its acts of administration or disposition on the basis of instructions received from the agents of the deceased or incapacitated Customer. We reserve the right to request additional documentation in relation to the death of a Customer.
38.2 In the case of a joint Account opened in the name of two or more natural persons, upon death of any one of such persons, we will consider the survivor/s as the only person/s entitled to the funds of the joint Account unless it has been provided otherwise. Where the joint Account is, according to the Customer instructions, required to be operated by two or more persons, we will only accept instructions from the remaining Account holders once we receive a formal notice of death and any other requested documents. Unless we have evidence of death from an official source, we reserve the right to request formal notification of death. Where all co-holders of a joint Account have died, the joint Account will be frozen. These GTC will continue to bind the estate of the deceased until such time as it is closed. As long as no formal notice has been given, we may not be held liable for its acts of administration or disposition on the basis of instructions received from the agents of the deceased or incapacitated Customer. We reserve the right to request additional documentation in relation to the death of a Customer.
38.3 The persons authorised to represent the deceased or incapacitated Customer shall, except for joint Accounts or if otherwise provided in the law, replace the Customer in the relationship with us, after the appropriate documents proving their rights have been produced and have been found, in form and substance, satisfactory to us. We may require evidence of probate or such other evidence and documentation as it may consider is reasonably necessary in respect...
Exceptional Events. Staff may be reduced in an appropriate manner due to the occurrence of exceptional events such as State mid-year funding reductions, building closures, etc.
