Force Majeure; Excused Performance. Neither party will be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay will last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party will use its best efforts to minimize the delays caused by any such event beyond its reasonable control.
Force Majeure; Excused Performance. Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimise the delays caused by any such event beyond its reasonable control. Where Service Provider fails to use its best efforts to minimise such delays, the delays shall be included in the determination of service level achievement. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused pursuant to this Section, and inform the other party of its plans to resume performance. A force majeure event does not excuse Service Provider from providing Services and fulfilling its responsibilities relating to the requirements of backup and recovery of Subscriber Data. In no event shall any of the following constitute a force majeure event: (a) failure, inadequate performance, or unavailability of Service Provider’s subcontractors, if any; or, (b) configuration changes, other changes, Viruses, or other errors or omissions introduced, or permitted to be introduced, by Service Provider that result in an outage or inability for Subscriber to access or use the Services. Within thirty (30) calendar days following the Effective Date and on an annual basis thereafter until the termination of this Agreement, Service Provider shall provide its then-current business continuity plan (“Business Continuity Plan”) to Subscriber upon Subscriber’s request. The Business Continuity Plan shall include: (a) Services and Subscriber Data backup and recovery procedures; (b) fail-over procedures; and, (c) how Service Provider will interact with its business continuity suppliers, if any.
Force Majeure; Excused Performance. Neither party to this Agreement shall be responsible for delay or failure of any or all of its obligations under this Agreement if such delays or failures resulted from events of force majeure namely, circumstances beyond their control which shall include but not limited to) act of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of Government and Authority of whatever nature and from whatever cause arising which the parties were not aware at the time of execution of this Agreement nor responsible for at the time of its occurrence and which the parties could not have foreseen and guarded against. Either party prevented from meeting its obligations through conditions of clause 15.1 shall so inform the other party to arrange a meeting to evaluate the impact of the delay and to agree on a reasonable extension in the time for performance. If such delay or extension in the time for performance exceeds 30 (thirty) days, the parties shall again meet to select a contingent strategy for performance. Should the parties fail to agree on a strategy for performance either party may terminate the Agreement forthwith and neither party shall have any further rights or obligations hereunder SAVE for the obligations that arise as a result of part performance by either party.
Force Majeure; Excused Performance. Neither party shall be liable for delays or any failure to perform the Services or this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. Where Technosoft fails to use its best efforts to minimize such delays, the delays shall be included in the determination of Service Level achievement. The delayed party must notify the other party promptly upon the occurrence of any such event, or performance by the delayed party will not be considered excused pursuant to this Section and inform the other party of its plans to resume performance.
Force Majeure; Excused Performance. EWR will not be deemed to be in default hereunder, or be liable to you, for failure to perform any of its obligations to you to the extent that such failure results from any event or circumstance beyond EWR’s reasonable control, including without limitation acts or omissions of third parties, severe weather, floods or other natural disasters, fire, riots, acts of war, civil disorder, court orders, acts or regulations of governmental bodies imposed after the fact, labor disputes or failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines, or other equipment failure, and which it could not have prevented by reasonable precautions or could not have remedied by the exercise of commercially reasonable efforts.
Force Majeure; Excused Performance. Performance is excused when (a) there is any contingency beyond the reasonable control of Dow or Customer including, for example, war or hostilities, acts of God, accident, fire, explosion, public protest, breakage of equipment, pandemic, acts of terrorism, activity of a governmental authority (including, for example, the passage of legislation or the failure to grant an export license), or labor difficulties which interferes with Dow’s or Customer’s production, supply, transportation or consumption practice; or (b) Dow is unable to obtain raw materials, power or energy on terms Dow deems commercially acceptable. During times when performance is excused, all quantities of affected Product will be eliminated from this Contract without liability and Dow will allocate its supplies of raw materials and Product among their various uses in any manner that Dow determines is fair and reasonable, but this Contract will otherwise remain in effect. Dow will not be obligated to obtain raw materials, intermediates, or Product from other sources, or to allocate raw materials, intermediates, or Product from Dow’s internal use. The foregoing provisions shall in no event relieve Customer of its obligation to timely pay in full any invoice with respect to Product received by Customer.
Force Majeure; Excused Performance. Either party shall not be liable for, and is excused from any failure to deliver or perform or for delay in delivery or performance due to a cause beyond its reasonable control, including, but not limited to, acts of nature, governmental actions, fire, labor difficulty, shortages, civil disturbances, transportation problems, interruption of power or communications, failure of either party suppliers or subcontractors, or natural disasters. In the event of the inability of CS to perform due to Force Majeure, Customer will have the option to terminate this Agreement, or substitute CS' services for that of another if the condition which excuses non- performance or late performance causes a delay in excess of five (5) days.
Force Majeure; Excused Performance. We shall not be liable for, nor be deemed to be in breach of the Agreement as a result of, any failure to comply with our obligations thereunder to the extent attributable to any act of God, flood, fire, earthquake, hurricane, act of war or other hostility, act of terrorism, governmental action or inaction, civil unrest, national emergency, epidemic (including COVID-19), strike or other labor dispute, act or omission by a third party or a third party product or service, power, telecommunication or other service outage or any other cause or circumstance beyond our reasonable control. In addition, we shall not be liable for, nor be deemed to be in breach of the Agreement as a result of: (1) any failure to comply with our obligations thereunder or any other act or omission attributable to any failure by you to comply with your obligations thereunder; (2) any reliance by us upon any direction or information provided or otherwise made available to us by you or on your behalf (including by your Employer or insurance carriers); or (3) any acts or omissions by your Employer that interfere with our ability to provide the Service.
Force Majeure; Excused Performance. Force Majeure will be handled in accordance to Appendix A, Section 11. C. of DIR Contract No. DIR-TSO-3449.
Force Majeure; Excused Performance. Neither party will be in default of any obligation under this Agreement (other than obligations to pay money) to the extent performance is prevented or delayed by a Force Majeure Event. A “Force Majeure Event” shall include any occurrence beyond the reasonable control of a party, including without limitation: act of nature (e.g., flood, earthquake or storm); war or terrorism; civil commotion or riot; epidemic or pandemic (e.g., COVID-19); destruction of facilities or materials; fire or explosion; labor disturbance or strike; laws, regulations, directives or orders of any government, regulatory or judicial authority; embargo, shortage of raw materials or labor; equipment failure; or failure of public utilities or common carriers. The party declaring a Force Majeure Event will notify the other party in writing, explaining the nature thereof, and will also notify the other party of the cessation of any such event. A party declaring a Force Majeure Event will use commercially reasonable efforts to remedy, remove, or mitigate such event and the effects thereof. Upon cessation of the Force Majeure Event, performance of any suspended obligation or duty will promptly recommence. The foregoing provisions do not relieve Client of its obligation to timely pay in-full a Company invoice.
