Common use of Force Majeure; Excused Performance Clause in Contracts

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.

Appears in 42 contracts

Samples: Solicitation Agreement (Compound Projects, LLC), Solicitation Agreement (Compound Projects, LLC), Solicitation Agreement (CRL Team 12, Inc.)

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Force Majeure; Excused Performance. Neither party will 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 will shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party will shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control.

Appears in 6 contracts

Samples: TTW Issuer Agreement (Keen Home Inc.), Issuer Agreement (Denim LA, Inc.), Issuer Agreement (8tracks, Inc.)

Force Majeure; Excused Performance. Neither party will be liable for delays or any failure to perform the Services or under 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.

Appears in 6 contracts

Samples: Dealer Manager Agreement (Escalate Wealth REIT I), Dealer Manager Agreement (BRIX REIT, Inc.), Dealer Manager Agreement (Concreit Fund I LLC)

Force Majeure; Excused Performance. Neither party will 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 will shall last only as long as the event remains beyond the reasonable control of the delayed party. However, the delayed party will shall use its best efforts to minimize the delays caused by any such event beyond its reasonable control. .

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

Force Majeure; Excused Performance. Neither party will be liable for delays or any failure to perform the Services or under this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, pandemic, 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.

Appears in 1 contract

Samples: Dealer Manager Agreement (Modiv Inc.)

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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.. NCPS Placement Agreement – Private Debt, Equity, Hybrid Securities – rev. 07-2014

Appears in 1 contract

Samples: Solicitation Agreement (Otis Gallery LLC)

Force Majeure; Excused Performance. Neither party will be liable for delays or any failure to perform the Services or this Agreement due to causes an event beyond its the reasonable control. Such delays include, control of such party which will include but are is 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 partyparty (a “Force Majeure Event”). 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.

Appears in 1 contract

Samples: Master Subscription Agreement

Force Majeure; Excused Performance. Neither party None of the Parties hereto will be liable for delays or any failure to perform the Services or services under this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, acts of God, pandemics, 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.

Appears in 1 contract

Samples: Fund Platform Agreement (IDR Core Property Index Fund LTD)

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