Excessive Force Majeure Clause Samples
Excessive Force Majeure. A. Purchaser may, upon written notice to Contractor (“Notice of Termination for Excessive Force Majeure”), immediately terminate this Contract, in whole or in part: if either: (i) Contractor fails to Deliver the Satellite by the date specified in Article 3.1 for Delivery of the Satellite plus [*] due to a Force Majeure in accordance with Article 17, or (ii) the cumulative delay in failure to Deliver the Satellite due to Contractor Force Majeure plus any other non-excused Contractor delay in Delivery of the Satellite by the date specified in Article 3.1 for Delivery of the Satellite shall equal or exceed [*] Upon the occurrence of any of these events and issuance by Purchaser of a Notice of Termination for Excessive Force Majeure, Purchaser shall have the right to terminate the Contract in whole or in part and the rights and obligations of the Parties shall be the same [*]. After the occurrence of an event that would otherwise entitle Purchaser to deliver Notice of Termination for Excessive Force Majeure, Contractor shall have the right to deliver a written request to Purchaser that Purchaser advise Contractor whether Purchaser will deliver the Notice of Termination for Excessive Force Majeure. Within thirty (30) days of receipt of Contractor’s written request, Purchaser will notify Contractor as to its decision to either terminate this Contract or to waive its rights to terminate for such Excessive Force Majeure provided that it shall be a condition to any obligation of Purchaser to provide the requested notice of election that Contractor unconditionally acknowledge Purchaser’s rights to terminate in accordance with this Article 23.3. Failure of Purchaser to provide such requested notice of election in the thirty (30) day period specified above [*] CONFIDENTIAL TREATMENT REQUESTED BY ICO GLOBAL COMMUNICATIONS (HOLDINGS) LIMITED. shall be deemed to be a waiver of Purchaser’s rights to terminate for such Excessive Force Majeure under this Article 23.3.
B. Purchaser may, upon written notice to Contractor (“Notice of Termination for Excessive Force Majeure”) terminate this Contract as to the GBBF Subsystem under Article 23.1.1B if: (i) due to a Force Majeure in accordance with Article 17, Contractor fails to Deliver the GBBF Subsystem on or before the date specified in Article 3.1 for Delivery of the GBBF Subsystem (as such date may be extended pursuant to Article 18) [*] or (ii) due to a Force Majeure plus any other non-excused Contractor delay in Delivery of...
Excessive Force Majeure. A Party may, upon written notice to the other Parties, immediately terminate this Contract, in whole or in part, if and when: (i) a delay in the other Party’s performance of its obligations hereunder exceeds six months due to one or more Force Majeure Events under Section 17.1, or (ii) it becomes reasonably certain that the aggregate delay due to Force Majeure Events under Section 17 will exceed six months.
Excessive Force Majeure. Purchaser may, upon written notice to Contractor, immediately terminate this Contract, in whole or in part, if and when: (i) delay in Contractor’s performance of its obligations hereunder exceeds one year due to Force Majeure events under Article 17.3 or (ii) it becomes reasonably certain that the aggregate delay due to Force Majeure events under Article 17.3 will exceed one year; or (iii) Contractor notifies Purchaser that it is reasonably certain that delay in Contractor’s performance of its obligations hereunder
1. Within a reasonable period of time not to exceed thirty (30) days after the occurrence of either (i) or (iii) above, Purchaser will notify Contractor as to its decision to either terminate this Contract or to waive its rights to terminate for such Force Majeure events. Failure to provide such notice in the thirty-day period specified above shall be deemed to be a waiver of Purchaser’s rights to terminate for such Force Majeure events under this Article 23.3.
Excessive Force Majeure. 22.3.1 [***REDACTED***]
22.3.2 [***REDACTED***].
22.3.3 [***REDACTED***].
Excessive Force Majeure. Purchaser may, upon written notice to Contractor, immediately terminate this Contract, in whole or in part, if and when: (i) delay in Contractor’s performance of its obligations hereunder exceeds one year due to Force Majeure events under Article 17.3 or (ii) it becomes reasonably certain that the aggregate delay due to Force Majeure events under Article 17.3 will exceed one year; or (iii) Contractor notifies Purchaser that it is
1. Within a reasonable period of time not to exceed thirty (30) days after the occurrence of either (i) or (iii) above, Purchaser will notify Contractor as to its decision to either terminate this Contract or to waive its rights to terminate for such Force Majeure events. Failure to provide such notice in the thirty-day period specified above shall be deemed to be a waiver of Purchaser’s rights to terminate for such Force Majeure events under this Article 23.3.
Excessive Force Majeure. TerreStar may, upon written notice to Contractor, immediately terminate this Contract, in whole or in part, if and when: (i) a delay in Contractor’s performance of its obligations hereunder exceeds ninety (90) days due to one or more Force Majeure Events under Article 20.A, or (ii) it becomes reasonably certain that the aggregate delay due to Force Majeure Events under Article 20.A will exceed ninety (90) days; or (iii) Contractor notifies TerreStar that it is reasonably certain that delay in Contractor’s performance of its obligations hereunder due to Force Majeure events under Article 20.A will exceed ninety (90) days. Upon the occurrence of any of these events, if Contractor fails to provide TerreStar with a recovery plan reasonably acceptable to TerreStar, TerreStar may provide Contractor written notice of termination. For the avoidance of doubt, TerreStar may elect not to accept any such recovery plan in its sole discretion if it is likely to cause more than thirty (30) days of additional delay beyond the end of such ninety (90)-day period.