Common use of FORCE MAJ XXXX Clause in Contracts

FORCE MAJ XXXX. 1. Jn the event of either party hereto being rendered unable wholly or In part by force majeure to carry out its obligations under this contract, other than to make payments due hereunder, ii Is agreed that on such party giving notice and full particulars of such force majeure In writing or by telegraph to lhe other party as soon as possible attar the occurrence of the cause relied on, then the obligatlons of lhe party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuous of any Inability so caused but for no longer period and such cause shall as far as possible be remedied with all reasonable dispatch. The term 'force majeure· as employed herein shall mean acts of God, strikes, lockouts, or other Industrial disturbances, acts of public enemy, wars, blockades, insurrections, nots, epidemics, landslides, lightning, earthquakes, fires, storms, Hoods, washouts, arrests, and restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery or lines or pipe, freezing of xxxxx or lines or pipe, parliai or entlre failure of source of supply, and any other causes whether of the kind herein enumerated or olhe1Wlse, not within the control of the party claiming suspension and which by lhe exercise of dir diligence such party Is unable to prevent or overcome; such terms shali likewlse Include (a) In those instances where either party hereto Is required to obtain servitudes, rights-of-way grants, permits, or licenses; and (b) In those Instances where either party hereto is required lo furnish materials and supplies to secure grants or permission from any governmental agency to enable such party to fulfill i!s obligations hereunder, the inability of such party to acquire at reasonable cost and after the exercise of reasonable diligence such materials and supplies, permits and permissions.

Appears in 1 contract

Samples: dms.psc.sc.gov

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FORCE MAJ XXXX. 1. Jn In the event of either party hereto being rendered unable wholly or In part by force majeure to carry out its obligations Its obligatlons under this contract, other than to make payments due hereunder, ii It Is agreed that on such party giving notice and full particulars of such force majeure In writing or by telegraph to lhe the other party as soon as possible attar after the occurrence of the cause relied on, then the obligatlons obligations of lhe the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuous of any Inability lnablllty so caused but for no longer period and such cause shall as far as possible be remedied with all reasonable dispatch. The term '"force majeure· " as employed herein shall mean acts of God, strikes, lockouts, or other Industrial disturbances, acts of public enemy, wars, blockades, insurrectionsInsurrections, notsriots, epidemics, landslides, lightning, earthquakes, firesnres, stormsstonns, Hoodsfloods, washouts, arrests, and restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery or lines or pipe, freezing of xxxxx or lines or pipe, parliai partial or entlre entire failure of source of supply, and any other causes whether of the kind herein enumerated or olhe1Wlseotherwise, not within the control of the party claiming suspension and which by lhe the exercise of dir diligence dlr dlllgence such party Is unable to prevent or overcome; such terms shali likewlse shall llkewlse Include (a) In those instances Instances where either party hereto Is required to obtain servitudes, rights-of-way grants, permits, or licenses; and (b) In those Instances where either party hereto is Is required lo to furnish materials and supplies to lo secure grants or permission pennlsslon from any governmental agency to enable such party to fulfill i!s its obligations hereunder, the inability Inability of such party to acquire at reasonable cost and after the exercise of reasonable diligence such materials and supplies, permits and permissionspennlsslons.

Appears in 1 contract

Samples: Agreement

FORCE MAJ XXXX. 1. Jn In the event of either eilffer party hereto being rendered hereio being.rendered unable wholly or In part by force majeure in xxxx.xx fqice x.xxxxxx to carry cany out its obligations obligalions under this contract, other than to lo make payments due hereunder, ii Is it is agreed that on such party .Sllch P.arty giving notice and full particulars of f4II particularsc,f such force majeure In in writing or by orby telegraph to lhe the other party as soon as.soon as possible attar after the occurrence omfrience of the cause relied on, then !hen the obligatlons obUg~tions of lhe the party giving such notice, so far as they are affected by such force majeure, maj;ure,shall be be. suspended during the continuous the.continuous of any Inability ina6)fity so caused ca.used but for no longer period and perio,J a.nd. such cause shall as far as possible be remedied with wilh all reasonable dispatch. The term tenn 'force majeure· " as employed herein shall mean meari acts of God, strikes, lockoutslockouls, or other Industrial industrial disturbances, acts of public enemy, wars, blockades, insurrections, notsriots, epidemics, landslides, lightning; earthquakes. fire.x. xxxxxx, earthquakes, fires, storms, Hoods, floods; washouts, arrests, ; and restraints of or government and people, civil ci'<il disturbances, explosions, breakage or accidents to machinery or lines or oi pipe, freezing of xxxxx or lines or pipe, parliai pipe ,partial or entlre entire failure of source sourre of supply, and any other causes whether qiuses whelher of the kind herein enumerated or olhe1Wlseolhe,wlse, not within the control oontiol of the ·party claiming suspension susp~nsion and which by lhe !he exercise of gf dir diligence diflgence such party Is is unable to b prevent or overcome; such terms shali likewlse Include shall likewise include (a) In in those instances where either Where ejther party hereto Is is required to obtain servitudes, rightsobtain. servitudes,.rightS-ofOf-way grants, permits, or licenses; and (b) In in those Instances instances where either party hereto is required lo to furnish materials malerials and ,supplies to secure grants or permission penmission from any governmental agency to lo enable such party to fulfill i!s its obligations hereunder, the lhe inability of such party to acquire at reasonable cost cos! and after the exercise of reasonable diligence such materials suth malerlals and supplies, permits ; pemiils and permissions.pennlssrons. ·

Appears in 1 contract

Samples: Service Agreement

FORCE MAJ XXXX. 1. Jn In the event of either party hereto being rendered unable wholly or In part by force majeure to carry out its Its obligations under this contract, other than to make payments due hereunder, ii Is it is agreed that on such party giving notice and full particulars of such force majeure In writing or by telegraph to lhe the other party as soon as possible attar after the occurrence of the cause relied on, then the obligatlons obligations of lhe the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuous of any Inability lnablllty so caused but for no longer period and such cause shall as far as possible be remedied with all reasonable dispatch. The term '"force majeure· " as employed herein shall mean acts of God, strikes, lockouts, or other Industrial disturbances, acts of public enemy, wars, blockades, insurrectionsInsurrections, notsriots, epidemics, landslides, lightning, earthquakes, fires, storms, Hoodsfloods, washouts, arrests, and restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery or lines or pipe, freezing of xxxxx or lines llnes or pipe, parliai partial or entlre entire failure of source of supply, and any other causes whether of the kind herein enumerated or olhe1Wlseotherwise, not within the control of the party claiming suspension and which by lhe the exercise of dir diligence such party Is unable to prevent or overcome; such terms shali likewlse shall likewise Include ({a) In those instances Instances where either party hereto Is required to obtain servitudes, rights-of-way grants, permits, or licenses; and ({b) In those Instances instances where either party hereto is Is required lo to furnish materials and supplies to secure grants or permission from any governmental agency to enable such party to fulfill i!s its obligations hereunder, the inability Inability of such party to acquire at reasonable cost and after the exercise of reasonable diligence such materials and supplies, permits and permissions.

Appears in 1 contract

Samples: Scope of Agreement

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FORCE MAJ XXXX. 1. Jn In the event of either ellher party hereto being rendered unable wholly or In part by force majeure to carry out its Its obligations under this contract, other olher than to make payments due hereunder, ii It Is agreed that on such party giving notice and full particulars of such force majeure In writing wrlting or by telegraph to lhe the other party as soon as possible attar after the occurrence occurrenoo of the cause relied on, then the obligatlons obligations of lhe the party giving such noticenotlce, so far as they are affected by such force majeure, shall be suspended during the continuous of any Inability lnabllily so caused but for no forno longer period pertod and such cause shall as far as faras possible be remedied with wllh all reasonable dispatch. The term 'force majeure· ' as employed herein shall mean acts of God, strikesslrlkes, lockouts, or other Industrial disturbancesdlslurbanoos, acts a9ts of public enemy, wars, blockades, insurrections, notsrto!s, epidemics, landslides, lightning, earthquakes, fires, stormsstonns, Hoodsfloods, washouts, arrests, and restraints of government and govemmenland people, civil disturbances, explosions, breakage or accidents to machinery or lines or pipe, freezing of xxxxx or lines or pipe, parliai partial or entlre entire failure of source ofsource of supply, and any other causes whether of olhercauses whetherof the kind herein enumerated or olhe1Wlseotherwise, not within the control of the party claiming suspension and which by lhe the exercise of dir diligence such party Is is unable to prevent or overcomeoverrome; such terms shali likewlse shall likewise Include (a) In those instances Instances where either party hereto Is required to obtain servitudesservttudes, rights-of-way grants, permits, or licenses; and (b) In those Instances where either party hereto is Is required lo to furnish materials and supplies to secure grants or permission pennlss\on from any governmental agency to enable such party to fulfill i!s obligations Its obligaUons hereunder, . the inability inablllly of such party to lo acquire at al reasonable cost and after the exercise of reasonable diligence diligenoe such materials matertals and supplies, permits and permissions. It Is understood and agreed that the setuement of slrlkes or lockouts shall be entirely within the discretion of the party Involved and that the above requirement that any force majeure shall be remedied wm all reasonable dispatch shall not require the setuemenl of strikes or lockouts acceding to the demands of opposing party when such course Is lnadvlsable In the dlscrellon of such party.

Appears in 1 contract

Samples: Agreement

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