Excusable Delay. The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 16 contracts
Samples: Securities Purchase Agreement (Global Earth Energy, Inc.), Share Exchange Agreement (VR Holdings, Inc.), Merger Agreement (VR Holdings, Inc.)
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war terrorists, wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 10 contracts
Samples: Stock Purchase Agreement (Charys Holding Co Inc), Securities Purchase Agreement (Charys Holding Co Inc), Stock Purchase Agreement (Spiderboy International Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war acts of terrorists, wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 9 contracts
Samples: Registration Rights Agreement (Houston American Energy Corp), Registration Rights Agreement (Houston American Energy Corp), Registration Rights Agreement (Houston American Energy Corp)
Excusable Delay. The parties shall not be obligated to perform and --------------- shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Spiderboy International Inc), Merger Agreement (Charys Holding Co Inc), Securities Purchase Agreement (Charys Holding Co Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Universal Broadband Communications Inc), Registration Rights Agreement (Houston American Energy Corp), Registration Rights Agreement (Biolynx Com Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to --------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 6 contracts
Samples: Registration Rights Agreement (Biolynx Com Inc), Registration Rights Agreement (Westower Corp), Acknowledgment of Debt (Biolynx Com Inc)
Excusable Delay. The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 4 contracts
Samples: Placement Agreement (Majestic Safe-T-Products LTD), Placement Agreement (Capitol Group Holdings Corp), Escrow Agreement (Green Mountain Capital Inc.)
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of terrorists, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Indiginet Inc/Fl), LLC Interest Purchase Agreement (Jackson Rivers Co), LLC Interest Purchase Agreement (Jackson Rivers Co)
Excusable Delay. The parties shall not be obligated to perform and ---------------- shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 4 contracts
Samples: Stock Exchange Agreement (PTS Inc/Nv/), Stock Exchange Agreement (American Fire Retardant Corp), Stock Purchase Agreement (Spiderboy International Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 3 contracts
Samples: Spin Off Agreement (Unicorp Inc /New), Registration Rights Agreement (Centre Capital Corp /Nv/), Registration Rights Agreement (Equitable Assets Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war terrorists, wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 2 contracts
Samples: Amendment to Norstar Agreements (Universal Broadband Communications Inc), Merger Agreement (Entech Environmental Technologies Inc)
Excusable Delay. The parties shall not be obligated to perform and --------------- shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 2 contracts
Samples: Merger Agreement (Med X Systems Inc), Escrow Agreement (Med X Systems Inc)
Excusable Delay. The None of the parties hereto shall not be obligated to perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war terrorists, wars or war-like action (whether actual, impending or expected and whether de jure jury or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Samples: Stock Pledge Agreement (Entech Environmental Technologies Inc)
Excusable Delay. The parties shall not be obligated to perform and --------------- shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other material industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other similar causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Samples: Stock Purchase Agreement (Zann Corp)
Excusable Delay. The None of the parties shall not be obligated to perform and --------------- none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Samples: Agreement (Med X Systems Inc)
Excusable Delay. The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure or permit licensing cancellation by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Samples: Gaming Equipment Purchase Agreement (Bravo Multinational Inc.)
Excusable Delay. The None of the parties hereto shall not be ---------------- obligated to perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Excusable Delay. The None of the parties shall not be obligated to perform and none shall not be deemed to be in default hereunder, if the performance of a non-non- monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Excusable Delay. The None of the parties hereto shall not be obligated to ---------------- perform and none shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other material industrial disturbances, acts of a public enemy, war terrorists, wars or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), ) blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other similar causes, whether of the kind herein enumerated enumerated, or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
Samples: Stock Purchase Agreement (Zann Corp)
Excusable Delay. The parties shall not be obligated to perform and shall not be ----------------- deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government governmental (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or of public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.
Appears in 1 contract
