Force Majeure and Disaster Recovery. The Parties shall be excused for reasonable unavoidable delays in performance or failure to perform any of its obligations hereunder, not to exceed thirty (30) days, if such unavoidable delay or failure is caused by reason of labor disputes, related governmental orders or regulations, strikes, pandemics, fire, flood, severe accidents, civil disturbances, war, terrorism (including bio-terrorism), acts of God, theft, and like causes that are out of the control of Supplier (each, a “Force Majeure Event”). In the event of a Force Majeure Event, either Party has five (5) days to provide written notice to the other Party of the Force Majeure Event, wherein the noticing Party shall describe in reasonable detail the nature of the Force Majeure Event, any steps the noticing Party is taking to mitigate the Force Majeure Event, and when the noticing Party reasonably expects the Force Majeure Event to conclude. During the period of a Force Majeure Event, Supplier and Purchaser shall be permitted to source Cannabis from other Licensed cultivators and/or distributors to reasonably meet their obligations, and the required Minimum Quantity identified in Section 2.3 of this Agreement shall be correspondingly reduced. Once the Force Majeure Event concludes, the Parties shall resume their respective obligations under this Agreement.
Force Majeure and Disaster Recovery. Sysco will be excused for delays in performance or failure to perform any of its obligations if such delay or failure is caused by reason of labor disputes, strikes, fire, flood, accident, significant acts of God weather events (hurricanes, tornadoes, or tropical storms), civil disturbances, war, and terrorism (each, a “Force Majeure Event”). Prioritization of distribution services by Sysco during any Force Majeure Event will favor healthcare customers and, as among such customers, healthcare customers that have previously entered into disaster recovery arrangements with Sysco.
Force Majeure and Disaster Recovery. (a) Subject to Section 18.4(f) below, neither Party will be liable for instances of material default or delay caused by fire, flood, earthquake, elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts or labor difficulties, Acts of God, actions or decrees of any governmental bodies, or any other similar events, in the performance of its obligations hereunder, if the default or delay is caused by any event beyond the reasonable control of such Party and without its fault or negligence.
Force Majeure and Disaster Recovery. Sysco and each delivering Operating Company shall be excused for delays in performance or failure to perform any of its obligations hereunder if such delay or failure is caused by reason of labor disputes, strikes, fire, flood, accident, weather, civil disturbances, war, terrorism (including bio-terrorism), acts of God, failure of sources of supply, and like causes (each, a “Force Majeure Event”). In the event of such occurrences with respect to any delivering Operating Company, Sysco may provide distribution services to Customer Locations from its other distribution centers or Operating Companies. In the event that Sysco is unable to provide such services from its other distribution centers or Operating Companies, Primary Customer and Related Customers may purchase Product requirements for their respective Customer Locations from other sources for such periods of time as Sysco is unable to perform. Sysco shall use commercially reasonable efforts to remove or avoid any such events and shall continue performance hereunder as soon as reasonably practicable whenever such causes are eliminated. If a Force Majeure Event occurs with respect to any delivering Operating Company, or any Customer Locations or the geographic territory in which the same are located, Sysco and the affected Customer shall promptly communicate with each other as to alternative and critical distribution requirements. Prioritization of distribution services by Sysco during any Force Majeure Event will favor healthcare Customers and, as among such customers, healthcare Customers that have previously entered into disaster recovery arrangements with Sysco.
Force Majeure and Disaster Recovery. (a) J.P. Morgan will maintaxx xxx xxxxte from time to time business continuation and disaster recovery procedures with respect to its fund administration and accounting business that it reasonably determines from time to time meet reasonable commercial standards. J.P. Morgan will have nx xxxxxxxxx, however, for any damage, loss, expense or liability of any nature that the Fund may suffer or incur, caused by an act of God, fire, flood, civil or labor disturbance, war, terrorism, act of any governmental authority or other act or threat of any authority (de jure or de facto), legal constraint, fraud or forgery (except where such fraud or forgery is attributable to J.P. Morgan, its agentx xx xxxxx employees), malfunction of equipment or software (except where such malfunction is primarily attributable to J.P. Morgan's negligenxx xx xxxxxxx misconduct in maintaining the equipment or software), failure of or the effect of rules or operations of any external funds transfer system, inability to obtain or interruption of external communications facilities, or any cause beyond the reasonable control of J.P. Morgan (including, xxxxxxx ximitation, the non-availability of an appropriate foreign exchange). J.P. Morgan shall endeaxxx xx xxxxptly notify the Fund when it becomes aware of any situation outlined above, but it shall not be liable for failure to do so.
Force Majeure and Disaster Recovery. 17.1 Neither Party shall be liable to the other Party for delays or failures in performance (in whole or in part) of its obligations under this Agreement, to the extent that such delay or non-performance is due to any cause beyond its reasonable control.
Force Majeure and Disaster Recovery. (a) Neither Seller nor any Buyer shall be liable for damages for any failure or delay in the performance of this Agreement or any Order resulting from causes beyond its reasonable control that may include, but not be limited to, unforeseeable events such as acts of God, acts of Government, war, court order, riots, natural disasters, and labor strikes (a “Force Majeure Event”). Buyer may cancel without liability to Seller its purchase of any Deliverables affected by Seller’s failure or delay in performance in the case of a Force Majeure Event. The party incurring the delay shall give timely notice to the other of any such event and shall use all reasonable efforts to avoid or remove the cause and resume performance with minimum delay. If requested by Xxxxx, the parties shall jointly prepare a contingency plan to address the potential impact of any such event. If a failure or delay in performance is caused by an event affecting any of Seller's suppliers, such failure or delay shall not be excusable unless such event is a “Force Majeure Event” as defined above and the Good or Service to be provided by such Seller is not obtainable by Seller from other sources in time for timely delivery to Buyer.
Force Majeure and Disaster Recovery
