Excusable Events. If any Party is delayed in, or prevented from, performing or carrying out its obligations under this Contract by reason of any Excusable Event, such circumstance will not constitute an Event of Default, and such Party will be excused from performance hereunder and will not be liable to the other Party for or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention. Notwithstanding the foregoing, no Party will be excused from any payment obligations under this Contract as a result of an Excusable Event.
Excusable Events. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the non-performing party if the failure is occasioned by government or military action or inaction, war, terrorism, civil disturbance, fire, earthquake, explosion, flood, severe weather, strike or labor dispute, lockout, embargo, act of God, action or inaction by the other party, or any other cause beyond the reasonable control of the non-performing party (each, a “Force Majeure Event”), provided that the party claiming the Force Majeure Event has exerted all reasonable efforts to avoid or remedy such Force Majeure Event.
Excusable Events. Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
Excusable Events. If ENGIE Services U.S. is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any Excusable Event, such circumstance will not constitute a default, and ENGIE Services U.S. will be excused from performing the M&V Services while such event is continuing. During such event, Projected Energy Savings for the month(s) in which such event is continuing will be used in lieu of actual data; provided that if three (3) or more years of post M&V Commencement Date data are available for such month(s), the historical average of such data for such month(s) will be used in lieu of Projected Energy Savings.
Excusable Events. To the extent that the O&M Contractor is prevented or delayed from performing the O&M Services as a result of an Excusable Event then the Project Company must provide appropriate relief to the O&M Contractor from those obligations of the O&M Contractor which it is unable to perform as a consequence of the Excusable Event (including where relevant, relief from its obligation to pay Availability Liquidated Damages or application of the Response Time Price Adjustment) to the extent that such Excusable Event was not caused or contributed by an act or omission of the O&M Contractor, the O&M Contractor Representative or any of their agents, personnel or subcontractors. The Project Company shall be relieved from its obligation to pay the relevant portion of the Contract Price in respect of any period during which the O&M Contractor is unable to perform its obligations as a result of an Excusable Event: which is outside the reasonable control of the Project Company; or to the extent that such Excusable Event is caused or contributed to by the act or omission of the O&M Contractor, in breach of its obligations under in this Agreement, save in relation to a Buyer Curtailment Period for which Clause 3.15(c) (Buyer Curtailment Period) shall apply. The O&M Contractor must notify the Project Company at the earliest possible opportunity of an Excusable Event. Such notice must as soon as practicable, detail the cause, anticipated duration, potential remedies for and estimated cost of the Excusable Event and the extent to which the obligations of the O&M Contractor are affected by it. The O&M Contractor must adopt, subject to the approval of the Project Company, all measures necessary to mitigate the effects of the Excusable Event and as appropriate, to allow the Operation of the Facility and resumption of O&M Services as soon as possible. For the avoidance of doubt, an Excusable Event will not relieve the O&M Contractor of its obligations to safeguard the Facility or the Site or to provide care and custody, unless such Excusable Event is also a Force Majeure Event affecting the O&M Contractor. [OPTION A – for use with Clause 3.9, where the O&M Contractor has Responsibility for all Spare Parts Included as part of the O&M Services] If identified as applicable in the Key Information Table, the Parties acknowledge and agree that to the extent that the Project Company has the benefit of any manufacturer and supply guarantees and warranties, the Project Company must procure tha...
Excusable Events. Seller shall not be liable or considered in breach of its obligations under this Contract to the extent that Seller’s performance is delayed or prevented, directly or indirectly, by any cause beyond its reasonable control, or by armed conflict, acts or threats of terrorism, epidemics, strikes or other labor disturbances, or acts or omissions of any governmental authority or of the Buyer or Buyer’s contractors or suppliers. If an excusable event occurs, Seller shall provide written notice to Buyer, and the schedule for Seller’s performance shall be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event.
Excusable Events. If OpTerra Energy Services is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any event beyond its control, such circumstance will not constitute a default, and OpTerra Energy Services will be excused from performing the M&V Services while such event is continuing. During such event, Projected Energy Savings for the month(s) in which such event is continuing will be used in lieu of actual data; provided that if three (3) or more years of post M&V Commencement Date data are available for such month(s), the historical average of such data for such month(s) will be used in lieu of Projected Energy Savings.
Excusable Events. 16 2.5.1 Adjustments in Schedule Because of................16
Excusable Events. 7.1) Medicare EMR shall not be liable to the member for any breach of these terms and conditions or failure on Medicare EMR’s part to perform any obligations as a result of the technical problems relating to the system, termination of any license to operate or use of the system, acts of God, Government control, restrictions or prohibitions or any other Government act or omission, whether local or national, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other similar cause beyond Medicare EMR’s control.
Excusable Events. 9.1 An excusable, justifiable or force majeure event is any event with the following characteristics: (i) hinders, delays or prevents Seller to comply with any of its obligations, where such event is not attributable to Seller; (ii) is beyond control and not the result of Seller’s fault or negligence, and (iii) despite the exercise of reasonable diligence, could not be prevented, avoided or removed.
9.2 Seller shall not be liable or considered in breach of its obligations herein set forth in the event of delays or obstacles by any cause beyond its reasonable control, including, but not limited to: unexpected environmental conditions, armed conflict, acts of terrorism or threats, outbreaks, strikes or other labor issues, or acts or omissions of any governmental authority, or of Buyer or its contractors or suppliers. If an excusable event occurs, Buyer will be duly notified within reasonable time frame and the schedule for Seller’s performance shall be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event. If acts or omissions of Buyer or its contractors or suppliers cause the delay, Seller shall also be entitled to an equitable price adjustment.
9.3 Once the excusable event has ceased, Buyer shall be notified about this situation and all reasonable information about the impact and the response plan for a possible force majeure shall be provided. Upon acceptance of the plan, the schedule and price adjustments (if applicable), Seller shall resume the fulfilment of its obligations arising from the Agreement.
9.4 The parties may contractually agree the reasonable time frame to terminate the Agreement, if the excusable event extends beyond it.
9.5 Climatic events: Unusual climatic events means those events not foreseen by the National Weather Service for those areas where the on-site services will be carried out (including areas to pass through in order to reach the designated site). The climatic events include, but are not limited to, excessive rainfall, extreme temperatures, intense winds, thunderstorms, etc. If the climatic event is forecasted by the National Weather Service before mobilizing to the site and Buyer accepts to put the service on hold or postpone it to a later date, neither an additional charge to Buyer shall apply nor any penalty to Seller. If the climatic event occurs once the mobilization to the site has been initiated - whether or not it has been announced by...
