Excusable Default. If, after either party has issued a Notice of Termination for Default to the other party (pursuant to Sections 11 or 13 above, as the case may be), it is determined for any reason that the other party was not in default, or that such default was excusable, then the rights and obligations of the parties shall be the same as if a Notice of Termination for Default had not been given, or at the option of the party issuing such notice, the Notice of Termination for Default shall be treated as a Notice of Termination for Convenience in accordance with Sections 10 or 12 of this Agreement, as the case may be.
Excusable Default. City shall not be held in default of this agreement if it is prevented from performing hereunder by conditions entirely beyond its control, such as, but not limited to, acts of God, strikes, war, insufficient allocations of fuel, or other emergencies including existing road conditions making performance impossible or illegal.
Excusable Default. Notwithstanding anything in this Agreement to the contrary, no default, delay or failure to perform by either party shall be a breach of this Agreement if such default, delay or failure to perform is shown to be due entirely to causes beyond the reasonable control of the defaulting party including, without limitation, labor disputes, inclement weather, default of a common carrier, acts of embargo or of the acts of God.
Excusable Default. If, after LACERA issues a Notice of Termination for Default pursuant to Section 6.C or Section 6.D above, it is determined for any reason that Actuary was not in default, or that such default was excusable, then the rights and obligations of the parties will be the same as if LACERA had issued a Notice of Termination for Convenience pursuant to Section 6.B.
Excusable Default. If, after FCERA issues a Notice of Termination for Default pursuant to Section 6.C or Section 6.D above, it is determined for any reason that AUDITOR was not in default, or that such default was excusable, then the rights and obligations of the parties will be the same as if FCERA had issued a Notice of Termination for Convenience pursuant to Section 6.B.
Excusable Default. If, after either party issues a Notice of Termination for Default to the other party (pursuant to Sections C. and E. above, as the case may be), the issuing party determines for any reason that the other party was not in default, or that such default was excusable, then the rights and obligations of the parties shall be the same as if a Notice of Termination for Default had not been issued.
Excusable Default. If, after FCERA issues a notice of termination for default, it is determined for any reason that TEGRIT was not in default, or that such default was excusable, then the rights and obligations of the parties shall be the same as if FCERA had issued a notice of termination for convenience.
