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. SECTION NUMBER HEADING SAMPLE CONTRACT LANGUAGE COMMENTS 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.
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. 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 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. 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
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.
