Force Majeure and Hardship. 11.1 In this Clause 11, “
Force Majeure and Hardship. 9.1 Notwithstanding anything to the contrary in this Agreement, Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the delivery of goods by Seller being prevented, hindered, delayed or rendered more difficult, more costly or unprofitable by reason of circumstances or events beyond Seller’s reasonable control including (but not limited to) acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials therefor by Seller’s normal source of supply or the manufacture of goods by normal means or the delivery of goods by Seller's normal route or means of delivery. If Seller’s performance is suspended in whole or in part for more than thirty
Force Majeure and Hardship. 9.1 Notwithstanding anything to the contrary in this Agreement, Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the delivery of goods by Seller being prevented, hindered, delayed or rendered more difficult, more costly or unprofitable by reason of circumstances or events beyond Seller’s reasonable control including (but not limited to) Acts of God, war, riot, pandemic and/or epidemic and any labor or staffing issues related to or resulting therefrom, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, acts of government, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials therefor by Seller’s normal source of supply or the manufacture of goods by normal means or the delivery of goods by Seller's normal route or means of delivery. If Seller’s performance is suspended in whole or in part for more than thirty (30) days due to a Force Majeure event, Buyer shall be entitled to arrange alternate sources of supply for a corresponding portion of its needs until Seller is able to resume normal production and delivery schedules.
Force Majeure and Hardship. 9.1 Notwithstanding anything to the contrary in this Agreement, Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the delivery of goods by Seller being prevented, hindered, delayed or rendered more difficult, more costly or unprofitable by reason of circumstances or events beyond Seller’s reasonable control including (but not limited to) Acts of God, war, riot, pandemic and/or epidemic and any labor or staffing issues related to or resulting therefrom, strike, lock-out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, acts of government; changes in applicable law, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials therefor by Seller’s normal source of supply or the manufacture of goods by normal means or the delivery of goods by Seller's normal route or means of delivery. If Xxxxxx’s performance is suspended in whole or in part for more than thirty
Force Majeure and Hardship. 8.1 In the event of any condition or contingency, existing or future, which is beyond the reasonable control of Seller or Buyer, as the case may be, which prevents or delays the performance by Seller or Buyer of any of its obligations under the Agreement other than the payment of money (an “Event of Force Majeure”), the party claiming the Event of Force Majeure shall be entitled to a reasonable extension of time for performance of such obligation. An Event of Force Majeure shall include acts of God, fire, floods, transport delays, late delivery or non-delivery of materials by suppliers, local or national strikes or organized labor disputes, embargos, interference by civil or military authorities and similar events. As soon as practicable after an Event of Force Majeure and its effects upon a party’s ability to perform become known to the same party, said party shall give written notice to the other party of such impediment and its effects on the first party’s ability to perform. Notice in writing shall also be given when the Event of Force Majeure ceases. If an Event of Force Majeure occurs, the party claiming the Event of Force Majeure shall take measures that are within that party’s reasonable control to mitigate and minimize the effect of such event in order to continue with the performance of its obligations under the Agreement; provided, however, that the settlement of a strike or organized labor dispute shall not be deemed to be within such party’s reasonable control. If an Event of Force Majeure prevents Buyer from collecting the Equipment following written notice from the Seller indicating that the Equipment is ready for collection, section 4.3 above shall apply.
Force Majeure and Hardship. (a) Any delays in performance by any party under this Agreement will not be considered a breach of this Agreement if and to the extent caused by occurrences beyond the reasonable control of the party affected, including but not limited to acts of God, embargoes, governmental restrictions, strikes or other concerted acts of workers, fire, flood, explosion, riots, wars, civil disorder, rebellion or sabotage. The party suffering such occurrence will immediately notify the other party and the time for performance of any obligation hereunder, except the due diligence obligations set forth in Paragraph 3.1, will be extended by the actual time of delay caused by the occurrence.
Force Majeure and Hardship. 12.1 In case performance of Services is hindered by any situation of force majeure (“Force Majeure’) such performance shall be suspended. Force Majeure includes all situations wherein the performance of the Services by HRD Antwerp is, in whole or in part, temporary or not, hindered by circumstances outside of the control of HRD Antwerp, even when such situation was foreseeable at the start of the Agreement and includes, without being limited thereto, the following situations: lack of stock, delay in or cancellation of deliveries by suppliers of HRD Antwerp, ceasing of the certificates or reports or Goods due to accidents, machine failure, strike or lock-out, revolt, war, epidemics, flooding, high level of absenteeism due to illness, interruptions of information, (tele)communication, internet, decisions or interventions by any government (including the refusal or cancellation of a license or permit), fuel deficiencies and mistakes or delays due to third parties. HRD Antwerp is not obligated to evidence the unforeseeable or uncontrollable nature of the circumstance of the situation of Force Majeure. The Parties will, in such case, take all reas onable steps to limit the consequences of the situation of Force Majeure. In case the situation of Force Majeure exceeds a period of three months, the Client has the right to terminate the Agreement with immediate effect, without the obligation to reimburse HRD Antwerp.
Force Majeure and Hardship. 9.1 Notwithstanding anything to the contrary in this Agreement, Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the delivery of goods by Seller being prevented, hindered, delayed or rendered more difficult, by reason of circumstances or events beyond Seller’s reasonable control including (but not limited to) Acts of God, war, riot, pandemic and/or epidemic and any labor or staffing issues related to or resulting therefrom, strike, lock- out, trade dispute or labour disturbance, accident, break-down of plant or machinery, fire, flood, storm, acts of government, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials therefor by Seller’s normal source of supply or the manufacture of goods by normal means or the delivery of goods by Seller's normal route or means of delivery (“Force Majeure”). If Seller’s performance is suspended in whole or in part for more than thirty
Force Majeure and Hardship. 1. Force Majeure refers to any unforeseeable and insurmountable situation beyond the reasonable control of the parties which renders the performance of all or part of the Agreement impossible.
Force Majeure and Hardship. 7.1 In case of force majeure, EneRa has the right to suspend its obligations or to terminate the contract without judicial intervention. This shall not give the Customer the right to any compensation, indemnity or damages. EneRa shall inform the Customer of the circumstances and of its decision.
