Failure or Delay in Performance. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, strikes, work stoppages, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or other similar events beyond its control that cause a sudden, significant and/or widespread disruption in its business activities; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.
Failure or Delay in Performance. Except for the payment of money, neither Party shall be liable to the other for failure or delay in performance of its obligations (including shipping delays) if such performance is prevented or delayed by any cause beyond such Party’s reasonable control.
Failure or Delay in Performance. In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, pandemics, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.
Failure or Delay in Performance. Neither Lessor nor Lessee shall be liable for any failure or default hereunder if such failure or default is due to Acts of God or the public enemy, civil war or insurrection or riots, strike or lockout or other labor dispute, act of the public enemy, act of terrorism, war (declared or undeclared), blockade, revolution, civil commotion, lightning, fire, storm, flood, earthquake, explosion, governmental restraint, embargo, sudden or unexpected aircraft mechanical failure, inability to obtain or delay in obtaining equipment or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses or allocations, serious accidents and any other cause whether of the kind specifically enumerated above or otherwise beyond the affected party’s reasonable control.
Failure or Delay in Performance. Notwithstanding anything to the contrary contained herein, in no event shall Teleflora be liable to Merchant, or be deemed to have breached any provision of this Agreement, for any failure or delay by Teleflora (or any employee, agent or representative of Teleflora) in performing any obligation of Teleflora under this Agreement, if such failure or delay is caused by an event or condition beyond Teleflora’s control, including, without limitation, errors or omissions of the Process Center or the Teleflora Bank.
Failure or Delay in Performance. Neither Newmark on one hand, nor Micron on the other, shall be liable to the other party for failure or delay in performance to the extent that performance hereunder is prevented by Force Majeure, which is herein defined to include but not be limited to war (whether declared or undeclared), fire, flood, lightning, earthquake, storm, or any act of God; strikes, lockouts, or other labor difficulties; civil disturbances, riot, or sabotage; accidents, explosions, breakages, freezing or partial or entire failure of machines, equipment, pipelines, or other property; any official order, directive or industry-wide request or suggestion by any governmental authority or instrumentality thereof which, in the reasonable judgment of the party affected, makes it necessary to cease or reduce production; any disruption or breakdown of labor; any inability to secure necessary fuel, power, equipment, transportation, or raw materials, including inability to secure such items by reason of allocations promulgated by authorized governmental agencies; or any other contingency, whether similar or dissimilar to the foregoing, beyond the reasonable control of the affected party which prevents performance hereunder.
Failure or Delay in Performance. No Party shall be liable to the other for any failure to comply with this Agreement to the extent such failure is due to any causes that are beyond its reasonable control, including natural disasters, epidemics and pandemics (but excluding those in existence at the date of this Agreement), fire, flood, severe storm, earthquake, civil disturbances, riot, war (whether or not declared) and acts of terrorism, where such 30 97694998_9 events are beyond the reasonable control of either Party (each a “Force Majeure Event”). The Parties acknowledge and agree that the pandemic declared in respect of SARS-CoV-2 shall not be a Force Majeure Event, with the exception that an act or order of government issued in response to this pandemic, or a material worsening of the pandemic, in each case to the extent it could not have been reasonably foreseen or planned for, may nevertheless constitute a Force Majeure Event.
Failure or Delay in Performance. Operator shall not be held responsible for failure to perform the duties and responsibilities imposed by this Continuation Agreement if such failure is due to Event of Force Majeure, beyond the control of Operator, that make performance impossible or illegal, unless otherwise specified in this Continuation Agreement; provided that the Operator (in order to not be held responsible for failure to perform) shall have given MTC Project Manager written notification of such failure, event, or occurrence beyond the control of Operator not later than 48 hours after the beginning of such failure, event, or occurrence.
Failure or Delay in Performance. (a) Seller shall not be liable to Buyer for any delay in making delivery of the Aircraft for any cause whatsoever; provided that if Seller shall fail (i) to cause the repairs to be made that are required pursuant to Section 2.2 or (ii) to make delivery within 10 days after the date of completion of any repairs required pursuant to Section 2.2 and such failure is not due to fire, flood, strikes or other industrial disturbances, accidents, war or other causes beyond the control of Seller or (iii) to make delivery within 20 days after the date of completion of any repairs required pursuant to Section 2.2 for any other reason, Buyer's sole recourse against Seller shall be return of the Deposit and the Down Payment, together with reimbursement of the costs of the pre-purchase inspection, the Escrow Agent's fees and expenses and reasonable out-of pocket attorneys' fees and expenses incurred by Buyer, unless Buyer agrees to a later scheduled delivery date. The Escrow Agent shall refund the Deposit and the Down Payment and Seller shall refund such pre-purchase inspection and other costs and expenses within three business days of the Buyer's written notice of such failure to Seller and Escrow Agent. Buyer agrees to deliver such notice only after a good faith reasonable attempt by Buyer to reach agreement with Seller regarding a cure of the breach or failure that gave rise to such notice. Upon Buyer's receipt of the Deposit, and Down Payment, and such costs, this Agreement (other than Section 3.5) shall terminate and neither party shall have any liability to the other.
Failure or Delay in Performance. Motivate will not be held responsible for failure to perform the duties and responsibilities imposed by this Agreement if such failure is due to an Event of Force Majeure that makes performance impossible or illegal, unless otherwise specified in this Agreement; provided that Motivate (in order to not be held responsible for failure to perform) will have given Manager written notification of such Event of Force Majeure as soon as reasonably practicable after the occurrence of such Event of Force Majeure and taken all commercially reasonable steps to mitigate the impact of such Event of Force Majeure.
