Excusable Delays and Force Majeure Sample Clauses

Excusable Delays and Force Majeure. Any delay hereunder shall be excused to the extent approved in writing by the parties. Any delay in the performance by either party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such party, including without limitation any act of God; any fire, flood or weather condition; any earthquake; any epidemic or pandemic; act of a public enemy, war, insurrection, riot, explosion, terrorist attack or strike; provided, however, that written notice thereof must be given by such party to the other party within thirty (30) days after the occurrence of such cause or event.
AutoNDA by SimpleDocs
Excusable Delays and Force Majeure. Seller will not be liable for any delay in performance of the Contract or delivery of Goods when the delay is caused directly or indirectly by fire, flood, accident, riot, acts of God, war, governmental interference, strikes or other labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, failure of tooling or the repair, maintenance or rehabilitation of the tooling, or any other cause or causes whatsoever beyond its control. Additionally, Seller shall be given the opportunity to amend any submitted order acknowledgment upon the happening of the above events which result in raw material price increases.
Excusable Delays and Force Majeure. Neither party will be liable for any delay in performance of this Contract or delivery of Goods when the delay is caused directly or indirectly by fire, flood, accident, riot, acts of God, war, governmental interference, strikes or other labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, failure of tooling or the repair, maintenance or rehabilitation of the tooling, or any other cause or causes whatsoever beyond its control. Additionally, Seller shall be given the opportunity to amend any submitted quotations upon the happening of the above events which result in raw material price increases.
Excusable Delays and Force Majeure. Neither party will be liable for any failure or delay in performance of the Contract or delivery of Goods when the failure or delay is caused directly or indirectly by fire, flood, earthquake or other natural disasters, accident, riot or civil unrest, epidemics, pandemics, diseases or other public health emergencies (including government-mandated quarantine and travel restrictions), acts of God, war, governmental actions, regulations or orders (whether or not later determined invalid) or other interference, strikes or other labor difficulties, shortage of labor, fuel, power, materials or supplies or other utilities, transportation delays, failures of technology, telecommunication or infrastructure, failures of tooling or the repair, maintenance or rehabilitation of the tooling, or any other cause or causes (whether similar or dissimilar) whatsoever beyond its control. For avoidance of doubt, to the extent that any such failure or delay causes Seller to reduce or suspend its performance, the time for Seller’s performance shall be automatically extended for so long as required for Seller to remove or otherwise overcome such failure or delay. Seller reserves the right to equitably allocate available goods, materials and resources based on production capacity and customer needs, and Buyer shall cooperate with any such allocation. Additionally, without limiting any other rights or remedies available to Seller under the Contract or applicable law, Seller shall have the right upon written notice to Buyer to amend pricing set forth in the Contract upon the happening of the above events which result in increased costs of raw material, labor, utilities and other production and supplies, inflation, foreign exchange rates, governmental acts (including, without limitation, tariffs or duties), and any other event(s) which may increase the price or impact the availability of materials, supplies, services or labor.
Excusable Delays and Force Majeure. Any delay hereunder will be excused to the extent approved in writing by the parties. Any delay in the performance by either party hereto of its obligations hereunder will be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such party, including without limitation any act of God; any fire, flood or weather condition; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, however, that written notice thereof must be given by such party to the other party within thirty (30) days after the occurrence of such cause or event.
Excusable Delays and Force Majeure. 6.1. The Parties agree that it will be deemed not to be Magnetic MRO’s fault and Magnetic MRO will not be held liable if such Turnaround Times, performance dates or other agreed upon time limits are not met for reasons such as but not limited to: (i) Force Majeure, as stated below; (ii) major defects on airframe, sys- tems, Engines or Components which were unforeseen and which could not have been expected and which have an impact on the Services to be performed; (iii) an aircraft, material, documentation, insurance certificates or securities to be supplied by Customer not being available or being supplied late or Customer not accepting suitable material offered by Magnetic MRO; (iv) material ordered in a timely manner from Suppliers not being delivered to Magnetic MRO on time or not being delivered at all; (v) Customer withholding or delaying its consent where such consent is required under the terms of the Agreement; (vi) delays or failure of Customer to comply with the payment terms; (vii) additional tasks which were not part of the contracted work scope being carried out by Magnetic MRO upon Customer’s request; (viii) Magnetic MRO rightfully stopping or refusing the per- formance of Services.
Excusable Delays and Force Majeure. Any delay in performance by either Party hereto of its obligations hereunder shall be excused when such delay is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party including, without limitation, any act of God; any fire, flood, or weather condition; any earthquake; or any act of a public enemy, war insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten (10) calendar days after occurrence of such cause or event.
AutoNDA by SimpleDocs

Related to Excusable Delays and Force Majeure

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!