Excuse for Non-Performance. A Party shall be excused from performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions hereof (except where otherwise herein provided), in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by Act of God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials, or supplies in the open market, failure of transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders or failure to act of governmental or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable respective control of such Party.
Excuse for Non-Performance. Except as expressly provided to the contrary in this Lease, this Lease and Tenant’s obligation to pay Rent hereunder and to perform all of Tenant’s covenants and agreements hereunder shall not be impaired or affected, and Landlord shall not be in default hereunder, if Landlord is unable to fulfill any of its obligations under this Lease because of any accident, governmental restriction, inability to obtain fuel or materials, strike or lockout (whether legal or illegal), act of God or other event, occurrence or circumstance beyond Landlord’s reasonable control (“Events of Force Majeure”).
Excuse for Non-Performance. The obligations of CTI with respect to any Product Indication or formulation under this Article 5 are expressly conditioned upon the continuing absence of any adverse condition or event relating to the safety or efficacy of such Product Indication or formulation, and the obligation of CTI to develop or market such Product Indication or formulation shall be delayed or suspended so long as such condition or event exists.
Excuse for Non-Performance. Licensor and Licensee -------------------------- shall be released from their obligations hereunder and this License shall terminate in the event that governmental regulations or other causes arising out of a state of national emergency or war or causes beyond the control of the parties render performance impossible and one party so informs the other in writing of such causes and its desire to be so released. In such events, all Royalty Payments on Retail Sales theretofore made shall become immediately due and payable, and no Advance or Minimum Royalty Payments shall be refunded by Licensor.
Excuse for Non-Performance. The obligations of CTI with respect to Product under this Article 5 are expressly conditioned upon the continuing absence of any serious adverse drug experience (as defined under 21 CFR 314.80(a)) or quality problem relating to the safety or efficacy of the immediate release formulation of Zileuton, and the obligation of CTI to develop or market such formulation hereunder shall be delayed or suspended so long as such condition or event exists. An excuse for non-performance under this Section 5.3 shall only apply in the event CTI notifies Abbott of such condition or event within fifteen (15) days if its initial occurrence and CTI takes all reasonable and diligent actions within its ability to remove or resolve such condition or event so that it no longer exists (including, without limitation, providing to Abbott a plan designed to diligently remove or resolve such condition or event).
Excuse for Non-Performance. In the event either party to this Agreement is prevented, delayed or rendered impracticable in performing any duty or obligation required by this Agreement due to fire, earthquake, strike, lockout or other labor trouble, acts of terrorism, drought, acts of God, epidemic or disease, orders, rules or regulations or acts of government relating to national defense or prosecution of war, lack of manpower due to war conditions and other national economic conditions, quarantine of plant, herd destruction or disqualification of dairy herds, partial or in whole, brought about by disease, fire, earthquake or other act of God or other causes beyond the reasonable control of either (a “Force Majeure Event”), that party shall not be liable for damages resulting therefrom, incidental, consequential or otherwise. Failure on the part of DFA to deliver or on the part of Eagle to receive and/or convert Balancing Milk for any of the reasons set forth herein shall not be deemed a ground for the termination or cancellation of this Agreement; provided, however, the obligation to deliver and/or receive and convert the Balancing Milk as provided herein shall resume upon DFA or Eagle, as the case may be, providing written notice that the event which prevented DFA from delivering Balancing Milk to Eagle or which prevented Eagle from receiving Balancing Milk from XXX xx xxxxxx xxxxxx.
Excuse for Non-Performance. Except as expressly provided to the contrary in this Lease, this Lease and Tenant’s obligation to pay Rent hereunder and to perform all of Tenant’s covenants and agreements hereunder shall not be impaired or affected, and Landlord shall not be in default hereunder, if Landlord is unable to fulfill any of its obligations under this Lease because of any Events of Force Majeure.
Excuse for Non-Performance. Anything in this agreement to the contrary notwithstanding, if performance of any act or obligation is prevented or delayed by Act of God, war, labor disputes, fire, windstorm, explosion, collapse of structure, riot, government regulation, delays by government bodies or any other cause or causes beyond the reasonable control of Landlord or Tenant (except those unlisted causes relating to the financial status of Landlord or Tenant or general economic conditions), the time for the performance of the act or obligation will be extended for the period that such act or performance is delayed or prevented by any such cause. This provision shall not operate to excuse Tenant from prompt payment of rent, percentage rent, additional rent or any other payments required by the terms of this Lease. No damage to, vacancy of, or failure to open for business by any other store or stores in the Shopping Center, including department stores, shall excuse the Tenant from opening for business as required hereunder or paying any rentals required herein.
Excuse for Non-Performance. Each party hereto shall be excused from performing any obligation or undertaking provided in this Lease, except the obligations of Tenant to pay Rent due under the applicable provisions of this Lease, in the event and so long as, the performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strike, lockout, action of labor unions, order of government or civil or military or naval authorities, or any other cause whether similar or dissimilar to the foregoing not within the reasonable control of such party.
Excuse for Non-Performance. To the extent that and only for so long as one party (the "DEFAULTING PARTY") fails to perform an obligation which failure prevents or renders impracticable the performance of an obligation by the other party (the "NON-DEFAULTING PARTY") the non-defaulting party shall be excused from such performance, provided that the non-defaulting party shall (i) notify the defaulting party if possible and as soon as practicable
