Excusable Delay (Force Majeure. 11.1. Neither Party shall be responsible for nor be deemed to be in default under this Agreement on account of any delay in performance hereunder due to acts of God, fires, floods, war, warlike operations, insurrections, or riots ("Force Majeure Event"). It is expressly agreed that Supplier’s ability to sell Goods at a more advantageous price or Supplier’s economic hardship in buying the materials does not constitute a Force Majeure Event.
Excusable Delay (Force Majeure. Neither BUYER nor SELLER shall be liable for any failure to perform due to any cause beyond its reasonable control and without its fault or negligence. Such causes include but are not limited to: (1) acts of God or of the public enemy; (2) acts or failure of any government in either its sovereign or contractual capacity; (3) fires, floods, epidemics, terrorism, quarantine restrictions, strikes, freight embargoes, nuclear incident, or any other act or event beyond reasonable control and without the fault of either Party or its suppliers or subcontractors. In the event that performance of this Order is hindered, delayed, threatened to be delayed, or adversely affected by causes of the type described above: (i) the Party whose performance is so affected shall immediately notify the other Party’s authorized representative in writing, including all relevant information with respect thereof, and shall likewise notify promptly of any subsequent change in the circumstances, (ii) SELLER shall use all commercially reasonably efforts to avoid or minimize all such instances, and (iii) at BUYER’s sole option, this Order shall be completed with such adjustments to delivery schedule as are reasonably required by the existence of such cause or this Order may be terminated for convenience.
Excusable Delay (Force Majeure. A. Except for a default of Seller’s subcontractor at any tier, neither Buyer nor Seller shall be liable for any failure to perform due to any cause beyond its reasonable control and without its fault or negligence. Such causes include, but are not limited to: (1) acts of God or of the public enemy, (2) acts of the government in either its sovereign or contractual capacity, (3) fires, floods, epidemics, terrorism, quarantine restrictions, strikes, freight embargoes, and
Excusable Delay (Force Majeure. Neither party will be in default for any delay or failure to perform due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the control of both Supplier and its sub-tier supplier(s) and without the fault or negligence of any of them, and (b) the Goods to be furnished cannot be obtained from other sources in sufficient time to permit Supplier to meet the delivery schedule. Supplier’s ability to provide Goods at a more advantageous price or Supplier’s economic hardship in processing necessary operations for delivery of the Goods will not constitute a Force Majeure Event. The party affected by a Force Majeure Event will promptly provide written notice to the other, explaining in detail the full particulars and expected duration of the Force Majeure Event, and will use its best efforts to remedy the delay. If Supplier’s delivery is delayed, Nitto may, at Xxxxx’s sole option, cancel deliveries scheduled during the period of the Force Majeure Event or elect to extend the period of performance to cover the period caused by the Force Majeure Event. If a Force Majeure Event occurs that affects delivery of Goods to Nitto, Supplier will allocate its available resources in a manner that assures Nitto of at least the same amount of total time in completing the delivery as was allocated to Nitto before to the Force Majeure Event. If delivery of any Goods is delayed for more than 30 days, Nitto may, without liability, cancel all or any part of such purchase order.
Excusable Delay (Force Majeure. In no event shall either party be liable to the other for any delay in or failure to perform due to causes beyond the control and without the fault or negligence of the party claiming excusable delay or force majeure, including without limitation, any act of God or any act or omission of another party.
Excusable Delay (Force Majeure. Seller will make every reasonable effort to ship ordered products in a timely manner. However, Seller will not be liable to Buyer for any failure to meet its obligations due to any cause beyond its reasonable control including, but not limited to, government embargoes or any other government acts that interfere with performance; blockades; seizure or freeze of assets; delays or refusals to grant an export license or the suspension or revocation thereof; fires, floods, severe weather conditions; any other acts of God, quarantines or regional medical crisis; labor strikes or lockouts; riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war (declared or not) or impending threat of any of the foregoing, if reasonably expected to cause injury to people or property; and shortages or inability to obtain materials or components. The due date of any performance affected by such an event will be extended by the period of time that Seller is actually delayed.
Excusable Delay (Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms or the Agreement, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Excusable Delay (Force Majeure. No Party is liable for any failure to perform its obligations under this Order if such performance has been delayed, interfered with or prevented by an event of Force Majeure. As used in this Section, “Force Majeure” means any circumstances whatsoever which are not within the reasonable control of the Party affected thereby, including without limitation an act of God, war, insurrection, riot, fire, explosion, flood, embargo, order or act of civil or military authority, legislation, regulation or administrative rules. The Party who declares Force Majeure will give prompt notice to the other Party of such declaration. If the performance of any obligation has been delayed, interfered with or prevented by an event of Force Majeure, then the Party affected by such event will take such actions as are reasonably available to remove the event of Force Majeure or to mitigate the effect of such occurrence. If an event of Force Majeure occurs, the obligations of the Parties under this Order will be suspended during, but not longer than, the continuance of the event of Force Majeure. If such event (alone or extended by another event of Force Majeure) continues so that the obligations of the Parties remain suspended for a period of twenty (20) continuous days and, at the end of such period or at any time thereafter during which such suspension continues uninterrupted, any Party, in the exercise of reasonable judgment, concludes that there is no likelihood that the event of Force Majeure will be removed in the immediate future, then any Party may terminate this Order without liability to any other Party by giving to the other five (5) days’ written notice of its intention to terminate.
Excusable Delay (Force Majeure. Neither party shall be liable for any failure or delay in performing any of its obligations under this Agreement that is due to causes beyond its reasonable control, such as, but not limited to, acts of God, earthquakes and other natural catastrophes, governmental acts, shortages of supplies, riots, war, fire, epidemics, delays in common carriers, labor strikes or other difficulties or circumstances beyond its reasonable control. Participant shall notify NC HIEA promptly of any factor, occurrence or event that comes to its attention that may affect or delay Participant’s ability to perform any of its other obligations hereunder. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay.
Excusable Delay (Force Majeure. Neither party will be in default for any delay or failure to perform that is directly due to causes beyond its reasonable control and without its fault or negligence (“Force Majeure Event”). Any delay or failure to perform caused by the default of a sub-tier supplier of Supplier will be excused only if (a) it is beyond the reasonable control of both Supplier and its sub-tier supplier(s) and without the fault or negligence of any of them, and
