Excuse of Non-Performance. Neither Delta Dental nor Agency or Agent will have violated this Agency/Agent Agreement if it is prevented from performing any of its obligations for any reason beyond its control, including, without limitation, acts of God, acts of war or terrorism, acts of public enemy, flood, storm, strikes, or regulatory agencies.
Excuse of Non-Performance. So long as the conditions set forth in this Section 8.1.2 are satisfied, except with regard to payment obligations, neither Party shall be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in complying with its obligations under or pursuant to the Agreement to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof; provided that in such event:
(a) any liability of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall not be excused as a result of the occurrence;
(b) the affected Party shall continually exercise all commercially reasonable efforts to alleviate and mitigate the cause and effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party;
(c) the affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance; and
(d) when the affected Party is able to resume performance of the affected obligations under the Agreement, that Party shall give the other Party written notice to that effect, and the affected Party promptly shall resume performance under the Agreement, provided that in the event that a Force Majeure Event causes a prolonged delay to the Project, Owner may elect to terminate this Agreement pursuant to Section 12.3.
Excuse of Non-Performance. So long as the conditions set forth in this Section 8.2 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of the Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Key Milestone to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that: (a) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay; (b) Contractor provides timely notice of the Owner-Caused Delay, and (c) Contractor provides all assistance reasonably requested by Owner, at Owner’s cost, for the elimination or mitigation of the Owner-Caused Delay.
Excuse of Non-Performance. Neither Renaissance nor Agent will have breached this Agreement if it is prevented from performing any of its obligations for any reason beyond its control, including, without limitation, acts of God, acts of war or terrorism, acts of public enemy, flood, storm, strikes, or regulatory agencies.
Excuse of Non-Performance. OMCMLS shall not be liable to Company nor Company liable to OMCMLS for failure to perform its obligations if and to the extent that such failure results from causes beyond reasonable control that interrupt operations. These events, all of which causes hereinafter are called “force majeure,” include strikes, lockouts, riots, fires, floods or other weather conditions, natural disasters, acts of God, acts of public enemy, terrorists, or terrorism, or compliance with any regulations, orders or requirements of any duly authorized governmental body or agency. If either party is unable to perform as a result of force majeure, it shall promptly notify the other in writing of the beginning and estimated ending of each such period.
Excuse of Non-Performance. Neither party shall be liable for damages to the other party for failure of performance under the terms of this Agreement in the event that party's performance is prevented or made unreasonably difficult or costly by any labor dispute beyond control of the party, war, governmental action, looting, vandalism, earthquake, fire, flood, or any other natural occurrence.
Excuse of Non-Performance. NNRMLS shall not be liable to Firm nor Firm liable to NNRMLS for failure to perform its obligations if and to the extent that such failure results from causes beyond reasonable control which interrupt operations. These events, all of which causes hereinafter are called “force majeure,” include, but are not limited to, strikes, lockouts, riots, fires, floods or other weather conditions, natural disasters, acts of God, acts of public enemy, or compliance with any regulations, orders or requirements of any duly authorized governmental body or agency. If either party is unable to perform as a result of force majeure, it shall promptly notify the other in writing of the beginning and estimated ending of each such period.
Excuse of Non-Performance. So long as the conditions set forth in this Article 8 are satisfied and provided the affected Party is taking reasonable steps to mitigate the effects of the Force Majeure Event in accordance with the terms of this Agreement, except with regard to payment obligations, neither Party will be responsible or liable for or deemed in breach of this Agreement or any Work Authorization because of any failure or delay in complying with its obligations under or pursuant to this Agreement or any Work Authorization to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof; provided, that: (i) the affected Party will use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance; and (ii) the suspension of performance and extension of time due to the occurrence of the Force Majeure Event will be of no greater scope and of no longer duration than is required by the effects of the Force Majeure Event and in no event will exceed the duration of the Force Majeure Event on a day per day basis.
Excuse of Non-Performance. Subject to the final paragraph of this section 15, neither MOSAIC, its affiliates, or any of their respective agents, officers, directors, mandataries and/or employees, on the one hand, nor CARGILL, its affiliates or their respective agents, officers, directors, mandataries and/or employees, on the other hand, shall be responsible to the other for any failure to perform hereunder as a result of any event of force majeure, being an event that is beyond its reasonable control including, without limitation, acts of God, fire, explosion, strike or other labor difficulty, or governmental regulation. Should CARGILL fail to perform or become unable to perform loading or unloading or storage services for MOSAIC as a result of a force majeure event, CARGILL shall use reasonable commercial efforts to mitigate any damages to MOSAIC’s Product resulting from such force majeure event, and MOSAIC will be entitled to an abatement of any storage and guaranteed throughput charges hereunder, calculated pro rata on the respective storage or guaranteed throughput charge for the period of the failure. In the event of a work stoppage at the Facility due to strike or other labor difficulty, CARGILL will make all reasonable efforts to handle MOSAIC’S Product with CARGILL’s supervisory employees.
Excuse of Non-Performance. Neither PBG nor Representative will have violated this Agreement if it is prevented from performing any of its obligations for any reason beyond its control, including, without limitation, acts of God, acts of war or terrorism, acts of public enemy, flood, storm, strikes, or regulatory agencies.
