Force Majeure and Restricted Performance. If performance by FDMS or Customer of any service or obligation under this Agreement, including conversion or Deconversion, is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of MasterCard or VISA, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act, omission or cause whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of FDMS or Customer, then FDMS or Customer, as applicable, shall be excused from the performance to the extent of the prevention, restriction, delay or interference.
Force Majeure and Restricted Performance. If performance by Galileo of any service or obligation under this Agreement, including Deconversion, is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of MasterCard, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act, omission or cause whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Galileo, then Galileo shall be excused from the performance to the extent of the prevention, restriction, delay or interference.
Force Majeure and Restricted Performance. If performance by a party of any service or obligation under this Agreement, including Start-Up or Deconversion, is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of Network, failure of any Association, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, terrorism, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act, omission or cause whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of that party, then said party shall be excused from the performance to the extent of the prevention, restriction, delay or interference.
Force Majeure and Restricted Performance. (a) If performance by XXXX of any obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any Law, or any other act or omission whatsoever, whether similar or dissimilar to those referred to in this clause, which is or are beyond the reasonable control of XXXX, XXXX shall provide written notice to TMSI identifying the cause of the prevention, restriction, delay or interference and XXXX shall be excused from the performance to the extent of the prevention, restriction, delay or interference, so long as XXXX is taking reasonable action to accomplish such performance as promptly as possible under the circumstances.
Force Majeure and Restricted Performance. If performance by any party of any obligation hereunder is prevented or delayed by reason of an act of God; severe weather; natural disaster; labor dispute; war or civil commotion; embargo; utility or communication failures; failure to perform by a Card Association, FDR, or any other Third Party Service Provider with whom Client contracts directly; or any other similar act or omission which is beyond the reasonable control of such party (collectively, a “Force Majeure Event”), such failure to perform shall not be considered a breach of this Agreement during the period of such disability. CMC shall, throughout the term of this Agreement, contract with a provider of disaster recovery services for minimal operational functionality and, upon the occurrence of a Force Majeure Event lasting more than two (2) Business Days for which recovery is available under such contract, will seek such recovery from such provider.
Force Majeure and Restricted Performance. (a) If performance by the Bank of any obligation under this Agreement or the Client Supplement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of MasterCard(R) or VISA(R) or their settlement system (including Interchange or settlement banks), failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any Law, or any other act or omission whatsoever other than by the gross negligence or wilful misconduct of the Bank, whether similar or dissimilar to those referred to in this clause, which is or are beyond the reasonable control of the Bank, the Bank shall provide written notice to Holdings identifying the cause of the prevention, restriction, delay or interference and the Bank shall be excused from the performance to the extent of the prevention, restriction, delay or interference, so long as the Bank is taking reasonable action to accomplish such performance as promptly as possible under the circumstances.
Force Majeure and Restricted Performance. If performance by any of the parties of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of god, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of MasterCard or VISA, failure or delay in receiving electronic data, earthquakes, was, revolution, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act or omission whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of any of the parties, as the case may be, then any of the parties, as the case may be, shall be excused from the performance to the extent of the prevention, restriction, delay or interference.
Force Majeure and Restricted Performance. (a) If performance by XXXX of any obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure or substantial delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any other FORCE MAJEURE which is or are beyond the reasonable control of XXXX, XXXX shall provide written notice to FMER identifying the cause of the prevention, restriction, delay or interference and XXXX shall be excused from the performance to the extent of the prevention, restriction, delay or interference, so long as XXXX is taking reasonable action to accomplish such performance as promptly as possible under the circumstances.
Force Majeure and Restricted Performance. If performance by FDR of any service or obligation under this Agreement, including Start-Up or Deconversion, is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, failure of MasterCard, VISA or a Network, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act, omission or cause whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of FDR, then FDR shall be excused from the performance to the extent of the prevention, restriction, delay or interference. As a condition to continuing to perform embossing services for card issuing members of VISA, FDR was required to enter into VISA Card Personalization Agreements (the "VISA Agreements"). Under certain circumstances VISA is permitted, pursuant to the VISA Agreements, to temporarily or permanently prevent or restrict FDR's right to perform embossing services for card issuing members of VISA. Customer hereby agrees that if, as a result of VISA exercising its rights under the VISA Agreements, FDR is prevented or restricted by VISA from performing embossing services for Customer, then FDR shall be excused from the performance of such embossing services to the extent of such prevention or restriction by VISA.
Force Majeure and Restricted Performance. (a) If performance by the Bank of any obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, rationing, utility or communication failures, failure or delay in receiving electronic data, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any Law, or any other act or omission whatsoever, whether similar or dissimilar to those referred to in this clause, which is or are beyond the reasonable control of the Bank, the Bank shall provide written notice to Marketer identifying the cause of the prevention, restriction, delay or interference and the Bank shall be excused from the performance to the extent of the prevention, restriction, delay or interference, so long as the Bank is taking reasonable action to accomplish such performance as promptly as possible under the circumstances.
