FORC E MAJEURE Sample Clauses

FORC E MAJEURE. IN THE EVENT THAT ANY PARTY HERETO IS DELAYED OR THIS CLAUSE ADDRESSES A DELAY IN TIME HINDERED IN OR PREVENTED FROM THE PERFORMANCE OF ANY PE RI ODS F OR P E R F O R MA NCE OF ACT REQUIRED UNDER THIS AGREEMENT BY REASON OF STRIKES, LOCK-OUTS, LABOR TROUBLES, INABILITY TO PROCURE MATERIALS, FAILURE OF POWER, GOVERNMENTAL MORATORIUM C O N TRA C T OB LIG A TIO N S D U E TO CIRCUMSTANCES BEYOND THE CONTROL OF A PARTY. SEE CLAUSE 8.14-2 FOR OR OTHER GOVERNMENTAL ACTION OR INACTION BY ANY FURTHER PROTOCOL OR PROCEDURES TO GOVERNMENTAL ENTITY OTHER THAN THE PARTIES TO THIS BE FOLLOWED. AGREEM ENT (INCLUDING FAILURE, REFUSAL OR DELAY IN ISSUING PERMITS, APPROVALS AND/OR AUTHORIZATIONS) INJUNCTION OR COURT ORDER, RIOTS, INSURRECTION, WAR, FIRE, EARTHQUAKE, FLOOD OR OTHER NATURAL DISASTER OR OTHER REASO N OF A LIKE NATURE NOT THE FAULT OF THE PARTY DELAYING IN PERFORM ING WORK OR DOING ACTS REQUIRED UNDER THIS AGREEM ENT (BUT EXCLUDING DELAYS DUE TO FINANCIAL INABILITY), THEN PERFORMANCE OF SUCH ACT SHALL BE EXCUSED FOR THE PERIOD OF THE DELAY AND THE PERIOD FOR THE PERFORM ANCE OF ANY SUCH ACT SHALL BE EXTENDED FOR A PERIOD EQUIVALENT TO THE PERIOD OF SUCH DELAY. THE PROVISIONS OF THIS SECTION MAY BE CONSTRUED TO EXCUSE OR DELAY ANY PAYMENT DUE UNDER THE TERMS OF THIS AGREEMENT. 8.14-2 EMERGENCIE S IN THE EVENT OF AN EMERGENCY OR UNFORESEEN CONDITION THIS SECTION SHOULD CONTEMPLATE BEYOND THE CONTROL OF A PARTY WHICH M AY RESULT IN A WHAT COURSE OF ACTION IS TO BE TAKEN DELAY IN THE PERFORMANCE OF OBLIGATIONS REQUIRED UNDER IN THE EVENT OF AN EMERGENCY AND THE TERMS OF THIS AGREEMENT, THE PARTY EXPERIENCING THE W H I C H W O U LD N XX XXXX T A T E A EMERGENCY OR UNFORESEEN CONDITION SHALL NOTIFY THE DIVERGENCE FROM ANY PROCEDURE OR OTHER PARTY OR PARTIES OF THE DATE THAT THE EMERGENCY P R O T O C O L R E Q U I R E D B Y T H E OCCURRED, THE NATURE OF THE EMERGENCY OR UNFORESEEN CONDITION, THE EXPECTED LENGTH OF DELAY, THE EFFORTS AGREEMENT. THIS SHOULD ENTAIL SOME FORM OF NOTICE AND EFFORTS TO TAKEN TO MITIGATE COSTS AND DAMAGES AND THE AVAILABILITY MITIGATE COSTS AND DAMAGES . OF INSURANCE TO COMPENSATE FOR DAMAGES DUE TO SUCH DELAY. EMERGENCIES COULD ARISE AS A RESULT OF A FORCE M AJEURE [SEE CLAUSE 8. 14- 1] OR SO ME UN F OR SEEN CONDITIONS SUCH AS SOIL CONDITIONS AT A CONSTRUCTION SITE. 8.15-1 NON-WAIVER A FAILURE TO ENFORCE ANY PROVISION OF THIS AGREEMENT SHALL NOT OPERATE AS A WAIVER OF ANY FUTURE BREACH OF THE SAME OR ANY OTHER PROVISION. 8.16-1 EXPENSES EAC...
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FORC E MAJEURE. If either Party's performance of any obligation under the Contract (other than an obligation of PREPA to make payment) is prevented, restricted or delayed by any force majeure event, and the Party whose performance is so affected gives notice and full details of the event and its estimated duration to the other Party 15.2 shall be extended accordingly. The Party affected by the force majeure shall remedy that force majeure with all reasonable dispatch. Force Majeure shall be defined as any circumstances, whether foreseen or unforeseen, beyond the reasonable control of the affected Party, including, but not limited to: i) Acts of God, earthquakes, hurricanes, floods, tsunamis, monsoons, volcanic eruptions, typhoons or other unusually severe conditions;
FORC E MAJEURE. No party shall be liable for any failure to perform its obligations under this Agreement or for any failure to respond, to transmit or receive any Document or Message by EDI or e-mail, where such failure results from any act of God or other cause beyond such party’s reasonable control (including, without limitation, any mechanical, electronic, or communication failure) which prevents such party from performing its obligations under this Agreement or from so responding to, transmitting or receiving any Documents or Messages by EDI or e-mail. Notwithstanding this provision, each party shall diligently seek alternative means to continue to maintain or restore electronic communications and it is the responsibility of the Supplier to notify Be ll when an equipment failure results in the inability to transmit and receive Documents or Messages for more than one (1) business day. Failure by Supplier or its subcontractors arising from a lack of Ye ar 2000 compliance shall not be considered to be beyond the reasonable control of Supplier and, accordingly, shall not be excused by this provision.
FORC E MAJEURE. Neither party shall be liable for any delay in delivery or payment for nondelivery or nonpayment, in whole or in part, caused by the occurrence of any contingency beyond the control of such party, including, but not limited to, work stoppages, fires, civil disobedience, riot, rebellion, accident, explosion, flood, storm, Acts of God, power failures, equipment malfunctions, and similar occurrences. Notwithstanding the above, if unusual or unforeseen conditions (including but not limited to power failures or equipment malfunctions) prevent either party from submitting any report, notice, instruction, data or other item via on-line data entry prior to any applicable cut-off time, OCC may in its discretion (i) require that such items be provided by other approved means, including the use of hard copy forms, and/or (ii) extend the applicable cut-off time by such period as OCC deems reasonable, practicable and equitable under the circumstances
FORC E MAJEURE. Neither Party shall be l iable to the other for delay in performance of i ts obligations hereunder or deemed to be in breach of this Agreement due to causes beyond i ts control, including but not l imited to acts of God, disease outbreaks, f i res, strikes, acts of war, terrorist acts, or intervention by any governmental authority, and each Party will take steps to minimize any such delay. If such an event occurs, the time set by this Agreement for performance of that obligation by the relevant Party will be extended for the period by which performance is prevented by the event PROVIDED THAT the other Party may terminate this Agreement by notice i f such event continues for more than 180 days.
FORC E MAJEURE. Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: default of subcontractors or suppliers; failures or default of third party software, vendors, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network/internet connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.

Related to FORC E MAJEURE

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event. 24.2 On the occurrence of a Force Majeure Event, the Affected Partner shall notify the other Partner as soon as practicable. Such notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Partner and any action proposed to mitigate its effect. 24.3 As soon as practicable, following notification as detailed in Clause 24.2, the Partners shall consult with each other in good faith and use all best endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and, subject to Clause 24.4, facilitate the continued performance of the Agreement. 24.4 If the Force Majeure Event continues for a period of more than sixty (60) days, either Partner shall have the right to terminate the Agreement by giving fourteen (14) days written notice of termination to the other Partner. For the avoidance of doubt, no compensation shall be payable by either Partner as a direct consequence of this Agreement being terminated in accordance with this Clause.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Force Majeure Event After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:— (1) the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction is prevented from performing any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, from receiving a payment or delivery in respect of such Transaction or from complying with any other material provision of this Agreement relating to such Transaction (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such Office so to perform, receive or comply (or it would be impossible or impracticable for such Office so to perform, receive or comply if such payment, delivery or compliance were required on that day); or (2) such party or any Credit Support Provider of such party (which will be the Affected Party) is prevented from performing any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, from receiving a payment or delivery under such Credit Support Document or from complying with any other material provision of such Credit Support Document (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply (or it would be impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply if such payment, delivery or compliance were required on that day), so long as the force majeure or act of state is beyond the control of such Office, such party or such Credit Support Provider, as appropriate, and such Office, party or Credit Support Provider could not, after using all reasonable efforts (which will not require such party or Credit Support Provider to incur a loss, other than immaterial, incidental expenses), overcome such prevention, impossibility or impracticability;

  • FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the

  • Force Majeure Notice In relation to any Relevant Force Majeure Event: (a) as soon as reasonably practicable after the Affected Party becomes aware, or ought reasonably to have become aware, that such Force Majeure Event qualifies for relief under this Clause 17 (and, in any event, within 72 hours of becoming aware of such circumstances), the Affected Party shall give a Force Majeure Notice; and (b) the Force Majeure Notice shall include detailed particulars (to the extent available) of the Relevant Force Majeure Event and its consequences, its effects on the Affected Party, the Relevant Obligations, the likely duration of such consequences and effects and the remedial measures proposed by the Affected Party to avoid or remove the Relevant Force Majeure Event or to mitigate its consequences and effects.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

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