Force Majeure 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, including but not limited to: acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotions, 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; severe or unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; inability to secure raw materials or components; delay in obtaining permits, permissions, licenses, approvals, consents or customs clearance of supplies, materials or equipment; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents.
Force Majeure a. A Party is excused from performing its obligations under this Agreement or any Order if, to the extent that, and for so long as:
Force Majeure a. Except for any obligation to make payments when due hereunder, and except for the obligations of the Operator to continue operations to the extent appropriate in the circumstances to preserve the Partnership Assets, the cost of which will be borne by the Partnership, the obligations of a Partner shall be suspended to the extent and for the period that performance is prevented by any cause, whether foreseeable or unforeseeable, that is beyond its reasonable control, including: labour disputes (however arising and whether or not employee demands are reasonable or within the power of the Partner to grant); acts of God; laws, regulations, orders, proclamations, instructions or requests of any Governmental Authority; judgments or orders of any court; inability to obtain on reasonably acceptable terms any public or private license, permit or other authorization; curtailment or suspension of activities to remedy or avoid an actual or alleged, present or prospective violation of federal, provincial or territorial or local environmental standards; acts of war or conditions arising out of or attributable to war, whether declared or undeclared; riot, civil strife, insurrection or rebellion; fire, explosion, earthquake, storm, flood, sink holes, drought or other adverse weather conditions; delay or failure by suppliers or transporters of materials, parts, supplies, services or equipment or by contractors’ or subcontractors’ shortage of, or inability to obtain, labour, transportation, materials, machinery, equipment, supplies, utilities or services; accidents; breakdown of equipment, machinery or facilities; actions by native rights, environmental or local community pressure groups; or any other cause whether similar or dissimilar to the foregoing. The affected Partner shall promptly give notice to the other Partners of the suspension of performance, stating therein the nature of the suspension, the reasons therefor, and the expected duration thereof. The affected Partner shall resume performance as soon as reasonably possible and, in any event, upon the termination of the event of force majeure. Commercial frustration, commercial impracticability or the occurrence of unforeseen events rendering performance hereunder uneconomical shall not constitute an excuse of performance of any obligation imposed hereunder.
Force Majeure a. Neither of the Parties hereto shall be liable for any failure or delay in the performance of its obligations hereunder if such failure or delay is due to Force Majeure as defined in this Article, provided that notice thereof is given to the other Party within fifteen (15) calendar days after such event has occurred. b. The term “Force Majeure” as used in this article means an event beyond the reasonable control and without the fault or negligence of the party concerned, and includes without limitation, acts of God, meteorological/ atmospheric occurrences or disturbances (including sun outbursts, sun outages and electromagnetic storms) or other natural events; irreparable satellite component failure, regardless of the cause(s) of such failure; externally-caused interference; damage caused by space debris; acts of Government in its sovereign capacity, Governmental or regulatory authority (including any law, rule, order, regulation, or direction of any government or government instrumentality, or of any civil or military authority, or the failure to grant or continue, or any action to revoke or resulting in a materially adverse change to the terms of, the orbital slot and/or other licenses/authorizations/approvals required in respect of the Serving Satellite); national emergencies; insurrections riots; act of war; contractual obligations under the Antrix-Singtel Agreement, quarantine; restriction;, any Transponder Failure, (if applicable) and such other similar events. In the event of failure or delay in the performance of this Agreement arising out of an event of Force Majeure, which cannot be resolved within fifteen (15) days after notification of the Force Majeure given pursuant to Article ANTRIX CORPORATION LTD. BANGALORE DEPARTMENT OF SPACE GOVT. OF INDIA VIDEOCON d2h LIMITED MUMBAI Page 14 of 14
Force Majeure a. Neither of the Parties hereto shall be liable for any failure or delay in the performance of its obligations hereunder if such failure or delay is due to Force Majeure as defined in this Article, provided that notice thereof is given to the other Party within fifteen (15) calendar days after such event has occurred. b. The term “Force Majeure” as used in this article means an event beyond the reasonable control and without the fault or negligence of the party concerned, and includes without limitation, acts of God, meteorological/atmospheric occurrences or disturbances (including sun outbursts, sun outages and electromagnetic storms) or other natural events; irreparable satellite component failure, regardless of the cause(s) of such failure; externally-caused interference; damage caused by space debris; acts of Government in its sovereign capacity, Governmental or regulatory authority (including any law, rule, order, regulation, or direction of any government or government instrumentality, or of any civil or military authority, or the failure to grant or continue, or any action to revoke or Page 14 of 33
Force Majeure a. Neither Xxxx, nor Buyer, shall be liable for any failure or delay in performance under this Agreement, except for the obligation to make money payments due hereunder for Product already purchased, due to a Force Majeure event. "Force Majeure," as used herein shall mean any event which may be due in whole or in part to any contingency, delay, failure, cause or other occurrence of any nature beyond a party's reasonable control, whether it is presently occurring or occurs in the future, which (i) physically prevents Xxxx from producing, transporting, or delivering the Product to Buyer's Facility in Xxxx'x normal course and/or then intended course of business (including either the Xxxx Facility or the Xxxx Terminal, or both) or (ii) which physically prevents Buyer from receiving or using Product at Buyer's Facility. Nothing herein shall require Xxxx to start or restart either one or both units at the Xxxx Facility or to purchase Product from a third party in order to remove a Force Majeure event then occurring, but Xxxx shall have the option to do so in Xxxx'x sole discretion. Further, in the event of a Force Majeure event should Xxxx elect not to furnish substitute Product from either the Xxxx Facility or from a third party, Xxxx shall have the right to offer to Buyer substitute Product at the Revised Contract Price for Product set forth in Article VI, Section D, and on the terms and conditions, herein contained. In the event Xxxx and Buyer can not agree on the Revised Contract Price, then Buyer may obtain its Product Requirements from a supplier other than Xxxx, provided that Xxxx shall have the right of first refusal during a ten (10) period after the thirty (30) days referenced in Article VI, Section D to sell substitute Product to Buyer on the same terms and conditions as those which a third party may offer to Buyer. B. Notwithstanding any other provision of this Agreement, if the Ammonia Pipeline transportation service is interrupted or curtailed by a Force Majeure event, preventing or delaying Xxxx from making all or a portion of the required deliveries of Product hereunder, Xxxx shall use commercially reasonable efforts to
Force Majeure a. Neither party shall be liable for any delay or default in its performance of any obligation under the T&Cs caused by events beyond its reasonable control, including but not limited to acts or omissions of any governmental authority, import or export regulations, embargoes or civil disturbance, war, delays or failures of subcontractors or suppliers or transportation or energy failures (a “Force Majeure Event”). b. If a Force Majeure Event could in the opinion of the affected party prevent, materially delay or adversely affect the performance of its obligations under the T&Cs then that party shall be entitled by reasonable notice to the other party to suspend performance of its obligations until when the Force Majeure Event has been concluded. c. Notwithstanding the foregoing, a party shall always be entitled to receive payment for Products delivered and for Services on which it has commenced work. 12. FUERZA MAYOR a. Ninguna de las partes será responsable de las demoras o incumplimiento de las obligaciones relacionadas a estos T&Cs que xxxx generados por eventos que excedan su control razonable, incluyendo sin limitación, actos y omisiones de cualquier autoridad gubernamental, normas sobre importaciones y exportaciones, embargos o disturbios civiles, xxxxxx, demoras o incumplimientos de subcontratistas, proveedores o de transporte, ni xx xxxxxx de energía (“Caso de Fuerza Mayor”). b. Si un Caso de Fuerza Mayor, según la parte afectada, puede prevenir, sustancialmente demorar o afectar en forma adversa el cumplimiento de las obligaciones asumidas bajo estos T&Cs, esa parte podrá enviar una notificación razonable a la otra parte para suspender el cumplimiento de tales obligaciones hasta que el Caso de Fuerza Mayor haya concluido. c. Sin perjuicio de lo aquí dispuesto, una parte siempre tendrá derecho a recibir el pago de los Productos y los Servicios entregados respecto de los cuales inició el trabajo.
Force Majeure a. Neither AVIATION nor AIRLINE shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of a public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or that are not within its control, provided these provisions shall not excuse AIRLINE from paying the rentals and fees specified in Article 6. Section 18.18
Force Majeure a. “Force Majeure” shall mean any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not be limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. b. If either Party is prevented from or delayed in performing any of its obligations under this Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event. c. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
Force Majeure a. The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that the delay in performance or other failure to perform contractual obligations is the result of an event of Force Majeure. If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing within five (5) days of such condition and the cause thereof. The party claiming Force Majeure shall use its persistent, good faith and commercially reasonable efforts to overcome the event of Force Majeure. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
