FORCE M AJEURE Sample Clauses

FORCE M AJEURE. 15.1. A Party shall not be liable for a failure to perform any of its obligations in terms of this Agreement in so far as it is able to prove that: 15.1.1. such failure was due to an impediment beyond its reasonable control; 15.1.2. it could not reasonably have been expected to have taken such impediment and its effects upon such Party’s ability to perform into account at the time of conclusion of this Agreement; and 15.1.3. it could not reasonably have avoided or overcome the impediment or at least its effects and, for purposes of this clause 15, the following events (which enumeration is not exhaustive) shall be deemed to be impediments beyond the control of each of the Parties, namely: 15.1.3.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage; 15.1.3.2. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning; 15.1.3.3. acts of authority, whether lawful or unlawful, apart from acts for which the Party seeking relief has assumed risk; and 15.1.3.4. acts and omissions of any other electronic communications provider or any utility provider.

FORCE M AJEURE. In the event either Party is rendered unable, wholly or in part, to perform its obligations under the Agreem ent (other than to m ake paym ents due hereunder) due to acts of God, floods, fires, explosions, extrem e heat or cold, earthquake or storm , transportation difficulties, strikes, lockouts or other industrial disturbances, wars, acts of terrorism or sabotage, accident or breakage of equipm ent or machinery, failure of transporters to furnish transportation, failure of suppliers to furnish supplies, or any law, rules, order or action of any court or instrumentality of the federal or any state governm ent, or for any other cause or causes beyond its reasonable control, it is agreed that on such Part y’s giving notice and full particulars of such force m ajeure to the other Party, the obligations of the Party giving such notice shall be suspended from the date of receipt of such notice and for the continuance of any inabilit y so caused, but for no longer period, and such cause shall, so far as possible, be rem edied with all reasonable dispatch. The term force m ajeure shall not apply to those events m erely m aking it m ore difficult or costly for Seller or Buyer to perform their obligations hereunder. It is further agreed that at the conclusion of any force m ajeure event, neither Party shall have any obligation to the other with respect to any quantities of Product not delivered as a consequence of such force m ajeure event. No condition of force m ajeure shall operate to extend the terms of the Agreement.

FORCE M AJEURE. 16.1 Neither party hereto shall be liable for any breach of its obligations hereunder resulting from an Event of Force Majeure. 16.2 Each of the parties hereto agrees to give written notice forthwith to the other upon becom ing aware of an Event of Force M ajeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure. 16.3 If a default due to an Event of Force M ajeure shall continue for more than 12 weeks then the party not in default shall be entitled to terminate this Agreement forthwith by written notice to the party in default. Neither party shall have any liability to the other in respect of the termination of this Agreement as a result of an Event of Force Majeure provided that this clause 16.3 shall not absolve the Licensee of its obligations to pay any sums due to the Licensor under this Agreement.

FORCE M AJEURE. Except as otherwise provided in this Paragraph 1303 and without prejudice to the risk of loss, release and indemnity obligations under this Contract, each party to this Contract shall be excused from complying with the terms of this Contract, except for the payment of monies when due, if and for so long as such compliance is hindered or prevented by riots, strikes, wars (declared or undeclared), insurrection, rebellions, piracy, terrorist acts, civil disturbances, dispositions or order of governmental authority, whether such authority be actual or assumed, acts of God (except, however, adverse sea or weather conditions including loop and eddy currents but excluding tropical storms), inability to obtain equipment, supplies, fuel or necessary labor, or by any act or cause (other than financial distress or inability to pay debts when due) which is reasonably beyond the control of such party, such cause being herein sometimes called “Force Majeure.” Neither Operator nor Contractor shall be required against its will to adjust any labor or similar disputes except in accordance with applicable law. In the event that either party hereto is rendered unable, wholly or in part, by any of these causes to carry out its obligation under this Contract, such party shall give notice and details of Force Majeure in writing to the other party as promptly as possible after its occurrence. In such cases, the obligations of the party giving the notice shall be suspended during the continuance of any inability so caused except that Operator shall be obliged to pay to Contractor the Force Majeure Rate provided for in Paragraph 707.

FORCE M AJEURE. Neither Party shall be liable to the other Party fo r any failure to perform any o f its obligation hereunder to the extent that such failure is due to circum stances beyond its control. The affected Party shall notify the other Party as soon as practicable o f the occurrence o f any such circum stance, and the Parties shall m eet to consider w hat steps, if any, can be taken to overcom e such circum stance.

FORCE M AJEURE. The parties are not liable for the non-performance of any Contractual obligation where this non-performance is due to an event of force majeure, beyond the will and control of the parties and which could not reasonably be expected of them to take it into account at the time of entering into the Contract or to prevent or overcome it even where such event does not make the performance of the Contract completely impossible or substantially more difficult or burdensome. The following events will especially be considered force majeure cases : fire, strike, accident, illness, natural disaster, war, destruction of facilities or equipment, computer bugs, changes in the computing environment , general lack of supplies or means of transport, delay or non-fulfillment of the obligations of suppliers or subContractors of JLA HYDRO.

FORCE M AJEURE. Neither Party shall be liable for any delay in performing or for failing to perform any or all of its obligations under this Agreem ent resulting from force majeure conditions including satellite failure, satellite jamming, occurrence of an event over which the affected Party has no control, etc., which may affect the retransmission of signals of any of the Subscribed Channels to the Operator/Subscribers. In the event of a suspension of any obligation under this clause, which extends beyond a period of one (1) month, the Party not affected, may at its option, elect to cancel those aspects of this Agreement.

FORCE M AJEURE. In the event that Contractor is prevented from performing the Work hereunder by reason of any labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond Contractor’s and Owner’s control (“Force M ajeure ”), resulting in delays to the Project Schedule, Contractor shall be entitled to an extension of time as provided in Paragraph 19.

FORCE M AJEURE. No Party shall be considered to be in breach of this Consortium Agreement if it is prevented from fulfil ling its obligations under the Consortium Agreement by Farce Majeure. Each Party wil l notify the competent Consortium Bodies of any Farce Majeure without undue delay. lf the consequences of Farce Majeure for the Project are not overcome within 12 weeks after such notification, the transfer of tasks - if any - shall be decided by the com petent Management Board.

FORCE M AJEURE. If at any time during the term of this Agreement the performance in whole or in part of either Party's obligation under this Agreement is prevented or delayed by any reason beyond the control of the Parties hereto, including but not limited to fire, storm, flood, earthquake, explosion, accident, military operation, war rebellion, riot wreck, epidemic- embargo, any virus in the system, any other electronic malfunctioning, or any laws, regulations or other Governmental actions, neither Party shall be entitled to terminate this Agreement nor shall either Party have any claim for damages against the other in respect of such non-performance or delay in performance, and shall entitled to resume as soon as practicable after any such event has come to an end or ceased to exist, provided that if the performance in whole or part of any obligations under this Agreement is prevented or delayed by reason of any such event for a continuous period exceeding ninety (90) days, the Parties shall jointly discuss the feasibility of a rescheduling of performance. If either of the Parties cannot withreasonable diligence be expected to continue performance, the Bank may at its option elect to terminate this Agreement or such part thereof as can be served therefore without affecting the performance of the remaining portion.