EXCUSABLE DELAYS (FORCE MAJEURE. Following the occurrence of an event, circumstance or condition beyond the reasonable control of either Party, including but not limited to, acts of God, actions by any government authority, actions by a customer, strike, work slowdown or other labor unrest, fires, floods, windstorms, explosions, riots, natural disasters, wars, or sabotage, either Party shall have the right, by written notice, to suspend work or make changes in delivery schedules for Seller’s goods or services to be provided under a Purchase Order, without liability to either Party. Seller shall promptly notify Buyer when an excusable delay has occurred or when Seller reasonably believes that such the occurrence of an excusable delay is inevitable. If the work suspension or any material change in delivery schedule lasts more than thirty (30) calendar days, either Party may cancel the subject Purchase Order without liability by providing written notice to the other Party within two (2) business days after the expiration of such 30 day period.
EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party shall be in breach of this Contract to the extent that any delay or default in performance is due to act of God, act of any governmental authority, riot, revolution, war, terrorism or threat thereof, tornado, hurricane, flood and other natural disasters, lightning and other abnormal or severe climatic conditions causing loss of more than one (1) day in any given calendar week, a Change in Applicable Legal Requirements, the loss or inability to perform for more than five (5) consecutive working days, of any xxxxxxx or any three (3) mechanics of Seller at the same time, in each case due to injury or death of such persons (but not due to termination of employment or any other cause), or any other cause which is beyond the reasonable control of the delayed or non-performing Party (including, but not limited to, interference by the other Party, Owner, or the EPC Contractor or the non-performance by the other Party or the EPC Contractor of its obligations under this Contract or the EPC Contract) (“Force Majeure”). Force Majeure shall not mean any act or event to the extent caused by the fault or negligence of any person or entity claiming Force Majeure, or the financial inability of any person or entity to pay or otherwise not perform its obligations under this Contract. In addition, Force Majeure shall not include:
EXCUSABLE DELAYS (FORCE MAJEURE. Neither party shall be responsible for any delay in or failure to deliver or perform any obligations which is due to circumstances beyond that party's reasonable control. In the event of any such failure or delay, the time of performance shall be extended for a period equal to the time lost by reason of the delay.
EXCUSABLE DELAYS (FORCE MAJEURE. The following events, and only the following events, shall constitute force majeure under this Purchase Order: (i) acts of God or of a public enemy; (ii) acts of Government; (iii) fires; (iv) floods; (v) epidemics; (vi) quarantine restrictions; (vii) strikes; (viii) freight embargoes; and, (ix) unusually severe weather. In each case, the failure to perform must be entirely beyond the control and without the fault or negligence of SUPPLIER. Each party shall give the other immediate notice of any event that such party claims is a Force Majeure condition that would prevent the party from performing its obligations hereunder, and of the cessation of the condition. A party’s notice under this section shall include the party’s good faith estimate of the likely duration of the Force Majeure condition.
EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party will be liable for non-delivery, failure to accept any of the Supplies, or any other impairment of performance hereunder in whole or in part caused by occurrence of any contingency beyond the reasonable control of such Party, including but not limited to war (whether an actual declaration thereof is made or not), terrorism, sabotage, insurrection, rebellion, riot or other act of civil disobedience, act of a public enemy, failure of or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic quarantine, storm, flood, earthquake or other Act of God or shortage of labor, fuel, raw material, or machinery, provided the affected Party has exercised ordinary care in the prevention thereof. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Order. In every case constituting an excusable delay, a written claim with adequate information and sufficient evidence supporting such claim shall be received by Xxxxx, within ten (10) days after each such act or occurrence. In the event of an Excusable Delay which exceeds or is reasonably anticipated to exceed thirty (30) days, Buyer may, in its sole and absolute discretion, terminate this Order and neither party shall have any further liability to the other, save for the liability of Buyer to pay for goods w h i c h are delivered and accepted by Buyer. This clause shall be applicable to delays arising from Seller’s subcontractors and suppliers only to the extent that the cause was beyond the control of both the Seller and its subcontract or supplier.
EXCUSABLE DELAYS (FORCE MAJEURE. Timely performance and deliveries are essential to this Agreement. However, Contractor will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition, which is beyond Contractor's reasonable control, without Contractor's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot, are examples of events which will be excusable for being beyond Contractor's reasonable control only upon fulfillment of the following conditions: (a) within seven (7) calendar days of the commencement of any excusable delay, Contractor shall provide MTS with written notice of the cause and extent thereof, as well as request for a schedule extension for the estimated duration thereof; and (b) within seven (7) calendar days of the cessation of the event causing delay, Contractor shall provide MTS with written notice of the actual delay incurred, upon receipt of which the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.
EXCUSABLE DELAYS (FORCE MAJEURE. Neither Party to this Agreement will be considered to be in default of this Agreement, or have liability whatsoever to the other, as a result of events beyond their reasonable control which could not have been avoided by the exercise of reasonable prudence, including delays caused by acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, riot, strike, lock-outs and industrial disputes. The Agent is required to use its best efforts to avoid recommending the use of factories with a history of labor troubles in regards to lock-outs and industrial disputes. In no event shall lack of finances be considered an event beyond the control of a Party. In the event of the occurrence of any force majeure event, the affected Party shall notify the other Party immediately in writing of its invocation of this Section 15, and each Party’s obligations hereunder (except for the payment of money) to the other shall be suspended for the duration of such force majeure event; provided however, that the affected Party shall be obligated to use its commercial reasonable efforts to restore performance hereunder as soon as reasonably practicable, and provided, further that if such event continued for more that thirty (30) days in the aggregate during the Initial Term or in any six (6) month period thereafter, the non-affected Party shall have the right to terminate this Agreement upon written notice to the other Party.
EXCUSABLE DELAYS (FORCE MAJEURE. With the exception of the U.S. Federal Government, except for your obligations to pay any Fees and Taxes hereunder, and the default of our Suppliers, vendors, or licensors, neither Party will be deemed to be in breach of this Agreement or any Purchase Order for any failure or delay in performance to the extent caused by reasons beyond its reasonable control, include, but are not limited to, acts of God, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, fire, flood, strike or other labor disturbance, pandemics quarantine restrictions, unplanned unavailability of or interruption or delay in telecommunications or third-party services, In the event that performance of this Agreement is hindered, delayed, threatened to be delayed, or adversely affected by reasons of the type described above, then the Party whose performance is so affected shall immediately notify the other Party in writing, including all relevant information with respect thereof, and shall likewise notify promptly of any subsequent change in the circumstances, and as mutually agreed to by both parties, this Agreement shall be completed with such adjustments to delivery schedule as are reasonably required by the existence of such reason or this Agreement may be terminated by either party upon 90 calendar days written notice. This provision does not excuse either party from taking reasonable steps to implement recovery procedures and does not affect Customer’s obligation to pay for products and services provided. For the U.S. Federal Government, FAR 52.212-4 shall apply.
EXCUSABLE DELAYS (FORCE MAJEURE. The Lessee shall not be considered in default in the event of an Excusable Delay or Force Majeure in the construction of Alterations due to unforeseeable causes beyond the Lessee’s control and without any fault or negligence on the part of the Lessee. In the event of an Excusable Delay or Force Majeure, the time or times for construction of Alterations will be extended by the period of the Excusable Delay or Force Majeure.
EXCUSABLE DELAYS (FORCE MAJEURE. Contractor will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition, which is beyond Contractor's reasonable control, without Contractor's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot, are examples of events excusable for being beyond Contractor's reasonable control, only upon fulfillment of the following conditions within seven (7) calendar days of the commencement of any excusable delay: (a) Contractor shall provide NCTD with written notice of the cause and extent thereof, accompanied by a request for a schedule extension for the estimated duration; and (b) within seven (7) calendar days of the cessation of the event causing delay, Contractor shall provide NCTD with written notice of the actual delay incurred. Upon NCTD’s approval of a conforming excusable delay, Contractor’s time for performance will be extended for the time actually lost by reason of the excusable delay.
