Force Majeure and Delays. The parties to this Agreement shall be excused from performance thereunder during the time and to the extent they are prevented from obtaining, delivering, or performing due to act(s) of God, to the maximum extent permitted by law. Satisfactory evidence thereof to the other party is required, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
Force Majeure and Delays. (a) If a Force Majeure Event prevents a party from partially or wholly complying with its obligations under the Agreement (other than payment obligations) then that party shall not be obliged to perform those obligations until it is no longer prevented from doing so and the time for performance of those obligations shall be extended by a period of time equal to the period of the delay.
(b) If Customer suspends its obligations in this Agreement the Customer shall pay Flender for all work performed until the giving of the suspension notice as well as for all additional cost reasonably incurred due to such suspension including but not limited to waiting time, demobilization and remobilization cost as well as cost for protecting the work. Flender shall be entitled to take back the work and Customer shall be obliged to return the work upon Flender’s request. The taking back, the assertion of the retention of title or of a security interest or the taking possession through legal right or process of the work by Flender shall not mean termination of the Agreement and restitution, unless expressly stated by Flender.
(c) If a party is prevented by the Force Majeure Event or suspension from carrying out its obligations for more than 180 days, either party may terminate the Agreement by giving written notice to the other party.
(d) If a party terminates the Agreement under this clause, the rights and obligations of the parties will cease; and the accrued rights or remedies of each party will not be affected. Upon such termination, the Customer shall pay to Flender:
(i) all amounts due to Flender for work carried out under the Agreement;
(ii) the cost of materials and equipment reasonably ordered by Flender for the work under the Agreement and which Flender is liable to accept (including profit and overheads);
(iii) Flender’s reasonable demobilisation costs including profits and overheads (if any); and
(iv) 30% of the balance of the Contract Price payable.
(e) If an act or omission of the Customer (or the Customer’s agents, consultants, employees, officers, representatives or other contractors), a Change of Law, Restricted Site Access, Contamination or a Force Majeure Event causes delay to Flender:
(i) the time for performance of Flender obligations shall be extended for a period of time equal to the period of delay; and
(ii) the Customer shall pay to Flender all additional costs including profits and expenses incurred by Flender as a result of such delay including exp...
Force Majeure and Delays. In the event either party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reasons of strike, lockouts, labor troubles, inability to procure materials, failure of power or restrictive government or judicial orders, or decrees, riots, insurrection, war, acts of God, inclement weather or other similar reason or cause beyond that party’s control (not including the inability of a party’s software to perform data-dependent calculations properly), then performance of such act (except for the payment of money owed) shall be excused for the period of such delay; provided, however, if such delay continues in excess of eight (8) weeks, either party may terminate the affected Work Order(s) without penalty under any Work Order, except that DUSA shall be obligated to pay THERAPEUTICS (a) all reasonable direct fees earned under this Master Agreement or the terminated Work Order(s) up to the effective date of termination in accordance with the terms of the terminated Work Order(s), (b) all reasonable non-cancelable costs incurred in connection with the terminated Work Order(s) to the dated of termination, and (c) the payment described in Section 3(i) of this Master Agreement.
Force Majeure and Delays. 10.1 If (i) Kermode should be delayed in or prevented from undertaking work on the Property or performing any of the terms, covenants or conditions of this Agreement by reason of a cause beyond its control, whether or not foreseeable, excluding lack of funds but including fires, floods, earthquakes, subsidence, ground collapse or landslides, interruptions or delays in transportation or power supplies, strikes, lockouts or other labour disruptions, wars, acts of God, health epidemics or pandemics, government regulation (including restrictions on travel and work during a pandemic) or interference or the inability to secure on reasonable terms any private or public permits or authorizations, including those from indigenous or local persons, unusually harsh or adverse weather conditions, or (ii) there are any disputes as to ownership or title to any part of the Property or to the minerals therein, which cause Kermode, in its reasonable opinion, to stop making Option payments (including the payment of cash and the issuance of Shares), then any such failure on the part of Kermode to so perform shall not be deemed to be a breach of this Agreement and the time within which Kermode is obliged to comply with any such term, covenant or condition of this Agreement shall be extended by the total period of all such delays or title disputes up to a maximum period of 36 months. In order that the provisions of this Section may become operative, Xxxxxxx shall give notice in writing to the Owners, forthwith and for each new cause of delay or prevention and shall set out in such notice particulars of the cause thereof, and the day upon which the same arose, and shall take all reasonable steps to remove the cause of such delay or prevention, and shall give like notice forthwith following the date that such cause ceased to subsist.
10.2 During any period of force majeure pursuant to section 9.1, Xxxxxxx will continue to ensure the claims comprising the Property, and any property taxes if applicable, remain in good standing, the costs of which will constitute Expenditures hereunder.
Force Majeure and Delays. A. All agreements of the BUILDER contained in this contract respecting the Date of Delivery of the Vessel shall be subject to extension by reason of "Force Majeure", which Term is
B. Delays in receiving supplies, materials and equipment shall not be considered Force Majeure unless (a) caused by strikes or Lockouts of workmen or (b) BUILDER establishes to the reasonable satisfaction of OWNER that (1) BUILDER timely ordered such supplies, materials and equipment and (2) BUILDER exercised due diligence to obtain delivery and (3) no other source of supply was reasonably available (relative price being a factor to be considered).
C. Delays caused by late receipt of OWNER furnished equipment shall not be considered Force Majeure unless BUILDER has notified OWNER in writing of date by which each such item of OWNER furnished equipment must be delivered to BUILDER's Managed Yard in time to allow OWNER by utmost diligence to cause timely delivery. BUILDER shall provide OWNER with a schedule indicating latest on-sight arrival date for each OWNER furnished component.
D. Failure of OWNER to remit Interim Payments, as per Article IV, D shall be considered a delay and the delivery date of the vessel shall be automatically extended by a period of time equal to total of said delay.
E. BUILDER shall have no responsibility for Force Majeure delays, other than to inform the OWNER in writing of the occurrence of a Force Majeure within three business days of its occurrence and to include with that notice (i) a description of the event and (ii) its expected duration. BUILDER shall inform OWNER of the end of a Force Majeure event within three business days of its cessation and include an estimate of the delay in Delivery Date, if any, caused by that event. Failing such notices, BUILDER shall not have the benefit of the Force Majeure clause for said event. The BUILDER shall maintain records of such delays and allow OWNER to inspect same upon request at all reasonable times. The Delivery Date for the Vessel shall automatically be extended by a period of time equal to the total of said delays (Extended Delivery Date) relating to the Vessel unless the OWNER, within 7 8 ten (10) days after receiving the aforesaid notice of a Force Majeure development, shall state its objections in writing to treating such development as a Force Majeure event, in which event the rights of both parties, with respect to treating such events as Force Majeure, shall be preserved.
Force Majeure and Delays. 11.1 Neither party shall be liable for delays or failure to perform in accordance with the terms and conditions of this Agreement on account of strikes, lockouts, accidents, fires, delays in manufacturing, delays of carriers, disruption in communications, disruption in banking services, acts of God, governmental actions in the United States, state of war or any other causes which are unforeseeable or are beyond the control of the parties, whether or not similar to those enumerated. The party so affected shall give prompt notice to the other party of such cause and shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
11.2 Whitetail shall not be liable for delays in its performance of services in accordance with the terms and conditions of this agreement if caused by the failure of Bedminster to provide timely cooperation to Whitetail as set forth here above at Article Three.
Force Majeure and Delays. If circumstances beyond lifespin’s reasonable control, which may include acts of God, pandemics, embargoes, acts of war (including terrorist attacks), failure of a distributor, reseller or other supplier, labor disturbances and acts or regulations of governmental entities, impede, delay, or temporarily make impossible the performance of lifespin’s service, lifespin is entitled to postpone the service by the duration of the impediment plus a reasonable start-up period. If circumstances beyond lifespin’s control permanently prevent the performance of the service, lifespin is entitled to withdraw from the Main Agreement in whole or in part.
Force Majeure and Delays. A Party shall not be liable for breach,for delay or nonperformance of the terms of this JDL Agreement, to the extent its delay or nonperformance is due to inability to perform due to Force Majeure (which shall be defined as any cause outside such Party's reasonable control and not due to its fault or negligence, including strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquake, embargoes, or any other cause which is beyond the reasonable control of such Party. The affected Party shall give the other Party reasonable notice of the occurrence of any Force Majeure that materially delays or affects its performance or which will foreseeably materially delay or affect its future performance under this JDL Agreement. Upon the expiration or termination of the Force Majeure the affected Party shall perform the affected obligations as soon as possible.
Force Majeure and Delays. (a) If a Force Majeure Event prevents a party from partially or wholly complying with its obligations under the Agreement (other than payment obligations) then that party shall not be obliged to perform those obligations until it is no longer prevented from doing so and the time for performance of those obligations shall be extended by a period of time equal to the period of the delay.
(b) If Customer suspends its obligations in this Agreement the Customer shall pay Flender for all work performed until the giving of the suspension notice as well as for all additional cost reasonably incurred due to such suspension including but not limited to waiting time, demobilization and remobilization cost as well as cost for protecting the work. Flender shall be entitled to take back the work and Customer shall be obliged to return the work upon Flender’s request. The taking back, the assertion of the retention of title or of a security interest or the taking possession through legal right or process of the work by Flender shall not mean termination of the Agreement and restitution, unless expressly stated by Flender.
(c) If a party is prevented by the Force Majeure Event or suspension from carrying out its obligations for more than 180 days, either party may terminate the Agreement by giving written notice to the other party.
(d) If a party terminates the Agreement under this clause, the rights and obligations of the parties will cease; and the accrued rights or remedies of each party will not be affected. Upon such termination, the Customer shall pay to Flender:
Force Majeure and Delays x. Xxxx shall not be liable for delay in performance or completion of the Work due to any cause beyond Xxxx’x control, including but not limited to: strikes, picket lines, boycott efforts, power failures or other interruption of utility or communication, storms, fires, floods, freeze, accidents, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including without limitation any agency or department of the United States of America or any other country), terrorism, cyber attacks, electronic espionage, vandalism, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of the defaulting party. Xxxx shall notify Client of any such delay and its cause. The replacement of any of the Materials damaged or destroyed by such events shall be at Client’s expense.
x. Xxxx will not be held liable for any errors or delays caused by the acts of others including suppliers or any entity not directly controlled by Xxxx; stop-work orders not directly caused by Xxxx; faulty designs; errors or omissions in the plans or specifications; etc.
x. Xxxx will not be held liable for delays by manufactures, shippers, expediters, and suppliers.
