Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:
i) acts of God;
ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities;
iii) acts of war (whether declared or undeclared), invasion or civil unrest;
iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement);
v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals;
vi) earthquakes, explosions, accidents, landslides; fire;
vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality;
viii) chemical or radioactive contamination or ionizing radiation; or
ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs;
x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.
Force Majeure Events. 17.1 Where a Force Majeure Event occurs the Party whose performance is affected by the Force Majeure Event will:
17.1.1 take all reasonable steps to find a solution by which this Agreement may be performed despite the continuance of the Force Majeure Event;
17.1.2 inform the other party as soon as it reasonably can on the nature and extent of the Force Majeure Event affecting the Service and the reasonable steps which are being taken to find a solution by which this Agreement may be performed despite the continuance of the Force Majeure Event;
17.1.3 not be liable, for any failure or delay to perform its obligations under this Agreement to the extent that the failure or delay is caused by the Force Majeure Event;
17.1.4 be entitled to a reasonable extension to perform the obligation affected by the Force Majeure Event; and
17.1.5 still be liable for any breaches of Agreement prior to the Force Majeure Event where the other party has used their rights set out in Clause 18.
17.2 Nothing in this Clause 17 affects the Customer’s obligation to pay BT any amounts payable under this Agreement on time and in the way described in Clause
8.1 for Services provided by BT that are not affected by the Force Majeure Event.
Force Majeure Events. Zero Hash and ZHLS shall not have any liability for any failure to perform or delay in performing its obligations under this User Agreement due to any act of God, act of governmental authority, change in law or regulation, war, criminal act, fire, explosion, earthquake, flood, weather condition, power failure, transportation, pandemic (including COVID-19) or other accident beyond the reasonable control of the party (“Force Majeure Events”).
Force Majeure Events. (a) Subject to Clauses 7.1 and 8.2(c), neither party shall be liable to the other party for any delay or non- performance of its obligations under this Agreement arising directly from any of the following cause or causes beyond its reasonable control and unable reasonably to be planned for or avoided: act of God, act of terrorism, war, civil war, armed conflict, fire, earthquake, flood, embargo, riot or sabotage which directly causes either party (the Affected Party) to be unable to comply with all or a material part of its obligations under this Agreement (a Force Majeure Event), provided that the Affected Party:
(i) promptly notifies the other party in writing of the cause of the delay or non-performance, the likely duration of the delay or non-performance, evidence of its effect on its obligations and details of the action it proposes to take to mitigate the effect of the delay or non- performance; and
(ii) takes all steps in accordance with Good Industry Practice to overcome or minimise the effect of the delay or non-performance on the other party.
(b) The performance of the Affected Party's obligations, to the extent affected by the Force Majeure Event, shall be suspended during the period that the Force Majeure Event persists.
(c) The occurrence of any Force Majeure Event shall not relieve the Subcontractor of its obligations under the Business Continuity Plan.
(d) If a Force Majeure Event occurs and the Subcontractor has not restored full and uninterrupted Services within 24 hours, the Contractor shall not be required to pay, and the Subcontractor shall not be entitled to charge, for the fees specified in paragraph [] of Schedule 6 (Charges) for the duration of the period commencing on the date the Force Majeure Event occurred and ending on the date full and uninterrupted Services are resumed.
(e) The Contractor may instruct an alternative supplier to provide the services affected by the Force Majeure Event to ensure continuity of service and the Subcontractor shall co-operate with the alternative supplier to ensure the smooth and seamless provision of those services to the Contractor.
(f) The Affected Party shall notify the other party in writing as soon as practicable after the Force Majeure Event ceases or no longer causes the Affected Party to be unable to comply with its obligations under this Agreement. Following that notification, this Agreement shall continue to be performed on the terms existing immediately prior to the occurrence of the F...
Force Majeure Events. “Event of Force Majeure” means any strike, lockout, labor dispute, embargo, flood, earthquake, storm, dust storm, lightning, weather, pandemic, epidemic, fire, act of God, war, national emergency, civil disturbance or disobedience, riot, sabotage, terrorism, restraint by governmental order, government or Property restrictions, decisions and regulations, insurrections or any other occurrence beyond the reasonable control of the party in question that may affect performance of services under this Agreement. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder due the occurrence of an Event of Force Majeure, and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. If an Event of Force Majeure occurs and results in (i) cancellation of an event for which CLIENT has purchased Tailgate Services, TAILGATE GUYS will credit CLIENT one hundred percent (100%) of the payment made by CLIENT for that event towards a future event in the same of following season with TAILGATE GUYS or
Force Majeure Events. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by reason of a Force Majeure Event, such Party shall notify the other Party in writing as soon as practicable after the onset of such Force Majeure Event and shall be excused from the performance of its obligations under this Agreement to the extent that such Force Majeure Event has interfered with such performance. The Party whose performance under this Agreement is prevented or delayed as the result of a Force Majeure Event shall use reasonable efforts to remedy its inability to perform. If a Party’s failure to perform its obligations under this Agreement is due to a Force Majeure Event, then such failure shall not be deemed a Provider Default or a Customer Default, as the case may be. Notwithstanding anything in this Section 9 to the contrary, no payment obligation of Customer under this Agreement may be excused as the result of a Force Majeure Event. In case a Force Majeure Event continues for at least one (1) year with respect to the System, then either Party may terminate this Agreement by written notice to the other.
Force Majeure Events. Subject to the limitations contained in, and upon DB Contractor’s fulfillment of all applicable requirements of, this Section 10, TxDOT shall issue Change Orders to compensate DB Contractor for additional costs directly attributable to Force Majeure Events. DB Contractor’s rights to recover additional costs directly attributable to Force Majeure Events shall not include delay and disruption damages.
Force Majeure Events. The Parties shall be excused from any failure to perform any obligation hereunder to the extent such failure is caused by a Force Majeure Event. A Force Majeure Event shall operate to excuse a failure to perform an obligation hereunder only for the period of time during which the Force Majeure Event renders performance impossible or infeasible and only if the Party asserting Force Majeure as an excuse for its failure to perform has provided written notice to the other Party specifying the obligation to be excused and describing the events or conditions constituting the Force Majeure Event. As used herein, “Force Majeure Event” means the occurrence of an event or circumstance beyond the reasonable control of the party failing to perform, including (a) explosions, fires, flood, earthquakes, catastrophic weather conditions, or other elements of nature or acts of God; (b) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; (c) acts of federal, state, local or foreign governmental authorities or courts; (d) labor disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful; (e) failures or fluctuations in electrical power or telecommunications service or equipment; and (f) delays caused by the other Party’s nonperformance hereunder.
Force Majeure Events. 1. We may, in our reasonable opinion, determine that an emergency or an exceptional market condition exists (a ‘Force Majeure Event’), in which case we will, in due course, take reasonable steps to inform you. A Force Majeure Event will include, but is not limited to, the following:
a. any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Instruments in respect of which we ordinarily deal in Transactions;
b. the suspension or closure of any market or the abandonment or failure of any event on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
c. the occurrence of an excessive movement in the level of any Transaction and/or the Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
d. any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure;
e. failure of any relevant supplier, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
2. If we determine that a Force Majeure Event exists, we may, at our absolute discretion, without notice and at any time, take one or more of the following steps:
a. increase your Margin requirements;
b. increase spreads;
c. reject new orders on all or certain pairs and cancel any limit or stop orders;
d. close all or any of your open Transactions at such Closing Level as we reasonably believe to be appropriate;
e. suspend or modify the application of all or any of the Terms of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply with the Term or Terms in question; or
f. alter the Last Dealing Time for a particular Transaction.
Force Majeure Events. 16.1 We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following:
16.1.1 any act, event or occurrence (including without limitation any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the CFDs in respect of which we deal on the Trading Platform;
16.1.2 the suspension or closure of any Exchange or the occurrence, abandonment or failure of any Instrument on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
16.1.3 the occurrence of an excessive movement in the level of any Transaction and/or Exchange or our anticipation (acting reasonably) of the occurrence of such a movement;
16.1.4 any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or
16.1.5 the failure of any relevant supplier, Financial Institution intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, Exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
16.2 If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps:
16.2.1 alter your Margin requirements; which may result in you requiring to provide additional margin;
16.2.2 close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate;
16.2.3 suspend or modify the application of all or part of the Client Agreements to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto;
16.2.4 alter the Trading Hours for a particular Transaction;
16.2.5 void all open transactions in affected Instruments; or
16.2.6 rollover your open Positions in accordance with Section 13 of this User Agreement, including rolling over to a new contract where the underlying Instrument is traded on a different Exchange
16.3 When you trade CFDs on cryptocurrencies you need to be aware of the risk of a hard fork occurring. A hard fork is when a single cryptocurrency splits in two. We reserve the r...
