Excusable Nonperformance. Except for obligations to make payments hereunder, if either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Xxxxxxxx, at Xxxxxxxx's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Excusable Nonperformance. Except for obligations to make payments hereunder, if either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Excusable Nonperformance. The obligation of Bank hereunder shall be suspended to the extent Bank is hindered or prevented from complying therewith because of labor disturbances (including strikes or lockouts), war, acts of God, fires, storms, accidents, terrorism, equipment failures, governmental regulations, failure in processing systems, interruption of transmission or communication facilities, or any other cause whatsoever including operator error. In addition, Bank shall be excused from failing to transmit or any delay in transmitting an entry if such transmittal would result in Bank having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or otherwise be in violation of any provision of any present or future risk control program of the Federal Reserve, the FDIC or the ACH Credit Policy established by Bank from time to time, or any rule or regulation of any other U.S. Governmental regulatory authority.
Excusable Nonperformance. 10.1 Neither Party shall be liable for any delay in the performance of its obligations under this Agreement when such delay is caused or created by circumstances beyond its control. Such circumstances include, but are not limited to: acts of force majeure; inability to obtain or retain government licenses, permits or approvals; interruption of essential services; or, any action or inaction by either Party which creates a delay in the other Party meeting any schedule required by this Agreement.
10.2 In the event either Party is delayed by any of the causes set forth in paragraph 10.1, its period of performance shall be extended as may be reasonably necessary under the circumstances.
Excusable Nonperformance. 21.1 The parties to the Agreement will be excused for failures and delays in performance of their respective obligations under this Agreement when the failure or delay is due to force majeure, including but not limited to war, whether declared or undeclared; any law, proclamation or regulation of the government of the country of the affected party; or by labor strike, industrial disturbance, flood, fire, act of God, explosion, riot, insurrection, epidemic, shortage, delay in transport or other cause beyond the reasonable control of the affected party. This provision will not, however, release such party from using reasonable efforts to avoid or remove such causes, nor will it excuse or release such party from the payment of the compensation accrued under the terms of this Agreement prior to any of the above mentioned failures or delays in performance. Any party claiming such an excuse or delay for nonperformance will give prompt notice of the event or events to the other party.
Excusable Nonperformance. Consequences, direct or indirect, of labor disputes, accidents, war, acts of terrorism, actions of government agencies and other causes beyond the reasonable control of the parties will excuse performance of their respective obligations under this Agreement to the extent that the performance of these obligations is prevented by such consequences. The party claiming relief hereunder will notify the other party in writing of the events causing nonperformance. Reasonable diligence will be exercised by the affected party in attempting to cure the cause of nonperformance and to resume performance as soon as practicable.
Excusable Nonperformance. If PES is delayed or prevented from performing its obligations under this Agreement due to any cause beyond its reasonable control, including, but not limited to, natural disaster, fire, flood, unusually severe weather, terrorism, insurrection, war, communications or transportation disruptions, Acts of God, labor disputes and governmental regulations, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. XXX agrees to work with Xxxxxxxx, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Excusable Nonperformance. If either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Excusable Nonperformance. If either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Xxxxxxxx, at Xxxxxxxx's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Excusable Nonperformance. In the event of an Act of God, natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than Gilbert, or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of Gilbert to deliver reclaimed water, or the ability of User to accept, transmit to distribute reclaimed water, the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of Xxxxxxx’x sewerage system and of the Gilbert Wastewater Reclamation Facility(ies) shall be solely within the discretion of Gilbert; and in the event Gilbert discontinues the treatment operations and the treatment operations are not replaced by other Gilbert treatment facilities, all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either party existing prior to the execution of this Agreement.
