FORCE. MAJEURE Buyer shall not be liable for any failure to perform including failure to (i) accept performance of Services or, (ii) take delivery of the Products, caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, terrorism, government action, accident, labor difficulties or shortage, inability to obtain goods, equipment or transportation. In the event Buyer shall be so excused, either party may terminate the Order.
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13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
FORCE. MAJEURE In the event that any party shall be rendered unable to carry out the whole or any part of its obligations under this Agreement for any reason beyond the control of that party, including but not limited to acts of God, force majeure, strikes, war, riot and any other causes of such nature, then the performance of the obligations hereunder of that party or all the parties as the case may be and as they are affected by such cause shall be excused during the continuance of any inability so caused, but such inability shall as far as possible be remedied with all reasonable despatch. For the avoidance of doubt, this Clause shall not apply to cases where: (i) The PEI is declared to be insolvent and/or a winding-up order made or bankruptcy issued by the Singapore court against the PEI (or, any partner of the PEI if the PEI is a partnership); and (ii) The relevant authority(ies) issue(s) an order to cease and/or terminate the operations of the PEI, or the happening of anything of a similar nature under the laws of Singapore.
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A. The Contractor shall not be responsible for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control ("Force Majeure"), including but not limited to: delay in obtaining or failure to obtain any Permits (subject to the provisions of Sub-Article 7(D)); acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotion, mobilizations or military call-up, and acts of similar nature; revolution, rebellions, sabotage, and insurrections or riots; fires, floods, epidemics, quarantine restrictions; strikes, and other labor actions; freight embargoes; unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents, provided that (i) -------- a loss by Contractor of employees (other than by reasons of Force Majeure), (ii) strikes and other labor actions involving the Contractor's own work force, (iii) the first 5 days of unworkable weather (unless any such day occurs during the 30 days immediately preceding the then Scheduled System RFS Date or Scheduled Segment S RFS Date), (iv) the failure (other than by reason of force majeure) of any subcontractor, supplier or transporter to perform its obligations to Contractor (including on account of insolvency) unless such supplies or transportation or other services are generally unavailable in the marketplace, (v) the unavailability of any raw materials or components, unless such raw materials or components are generally unavailable in the marketplace or are unavailable by reason of force majeure or (vi) any increase in Contractor's costs, shall not in and of itself constitute Force Majeure.
B. If any such Force Majeure causes an increase in the time required for performance of any of its duties or obligations, the Contractor shall be entitled to an equitable extension of time for completion of the Work or the Upgrade Work, as the case may be.
C. Increase in cost due to Purchaser will be as provided for in Article 12, Purchaser's Obligations.
D. The Contractor shall inform the Purchaser promptly with written notification, and in all cases within fourteen (14) days of discovery and knowledge, of any occurrence covered under this Article and ...
FORCE. Majeure circumstances shall mean circumstances caused by the reasons of extraordinary character, which cannot be foreseen and prevented by the Parties (fire, flood, earthquake or other natural phenomena as well as war, blockade, strikes, governmental sanctions de jure or de facto, acts of state authorities), if such circumstances prevent fulfillment of the contractual obligations.
FORCE. MAJEURE - shall mean and include war, civil commotion, riots, floods, restriction by State, non availability of materials, legal, interference or any other cause or reason beyond the scope, authority and/or control by the Developer.
FORCE. If the terms of this Agreement modify teacher contract terms after individual contracts have been issued, teacher contract forms will be altered to conform with terms reached under this Agreement. It is understood that nothing herein contained shall be interpreted as attempting to circumvent the requirement that an individual contract of employment with each teacher employed by the Board must be executed as provided by law.
FORCE. 12.1 If any article of this agreement conflicts with the Articles of the Association, the latter shall prevail, except for otherwise provided by Law.
12.2 For any matter not mentioned herein, both parties shall exercise their powers and perform their obligations and responsibilities in accordance with the requirements of Company Law, the Company's Articles of Association and other Law.
12.3 When exercising his duties, the Manager offends Laws, administrative regulations or the Company's Articles of Association, which results in loss of the Company, the Manager shall have the obligation to compensate for the Company legally.
FORCE. MAJEURE Neither party shall be liable under the agreement as a result of any delay, failure or interruption resulting from acts of God, acts of civil or military authorities, acts or orders of governmental authorities, catastrophes or any other occurrences or circumstances beyond the parties’ reasonable control.
FORCE. For the purposes of this Agreement, seniority refers to the period of continuous employment of an employee who has completed her probation period, retroactive to her last date of hire. All employees will be subject to a probation period of hours actually worked, following their hiring. In the event that two (2) or more employees are hired on the same date and complete their probation period, their ranking will be determined as follows: greater seniority will be granted to the employee who first completed her probation period; and any tie above will be promptly settled by a draw conducted, in the presence of the concerned employees, by the Team Manager or her designate and the unit Chair or her representative. In the event that an employee who has not completed her probation period is dismissed by the Employer, such employee may not file a grievance contesting the said dismissal, any arbitrator being without jurisdiction to hear such a grievance. An employee shall lose her seniority and her employment in the following cases: Resignation Dismissal for just cause Absence from work for two (2) of her consecutive work days, without notifying the Employer unless the employee had a valid reason not to notify. The employee has the onus of communicating this reason to the Employer as soon as possible. If for a period of twelve (12) consecutive months the employee does not perform any work for the Company. Failure to return to work after the expiration of a leave of absence authorized by the Collective Agreement unless the employee has a valid reason for such failure which reason must be communicated to the Employer as soon as possible. Failure to actually work at least thirty (30) hours in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation nor to any employee who only relies upon the provisions of article to obtain hours of work and whose failure to actually work thirty (30) hours in a calendar month is solely explained by a reduction in hours of work made available by the Employer through the variab...
