Force majeure for the Shipper Sample Clauses

Force majeure for the Shipper. ‌ The Shipper shall be released from its obligations under the terms of the Contract in the cases and circumstances referred to below, for the duration of and within the limit of the effects of the said cases and circumstances on the said obligations: • a case of force majeure, which is defined as any event beyond the control of the Shipper, and which cannot be surmounted through reasonable efforts that the Shipper acting as a Prudent and Reasonable Operator is obliged to make, preventing it from performing all or part of the obligations incumbent upon it under the terms of the Contract; • the situations listed below, without necessarily having to meet all the criteria set out in the preceding paragraph, insofar as its occurrence affects the Shipper and prevents it from performing all or part of the obligations incumbent upon it under the terms of the Contract: ✓ strike, ✓ machine breakdown, operational accident or accident to equipment, which does not result from lack of maintenance or abnormal use of the installations, ✓ event for which a third party is responsible, the occurrence of which could not have been reasonably foreseen by the Shipper acting as a Prudent and Reasonable Operator. If the Shipper invokes an event or circumstance under the terms of this sub-clause, it must warn the Operator accordingly as soon as possible, by telephone, fax or telex or by any other means agreed between the Parties, and must send written confirmation of the same. The Shipper, acting as a Prudent and Reasonable Operator, shall make every reasonable effort to minimise the effects of the event or situation referred to in this sub-clause and shall endeavour to ensure that performance of the Contract is resumed as soon as possible. During the period of interruption in its obligations, the Shipper shall inform the Operator of the consequences of the event or situation on the performance of its obligations, of the measures which it intends to take in order to minimise its effects on the performance of the Contract, of the progress in the implementation of such measures, of the estimated date for the resumption of normal performance of its obligations under the Contract and the date by which the event will have terminated. Unless otherwise provided, if the Shipper invokes an event or circumstance referred to in this paragraph, this shall not release it from its payment obligations under the terms of the Contract. If the Shipper invokes an event or circumstance under the term...
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Force majeure for the Shipper 
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Related to Force majeure for the Shipper

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Force Majeure Report Following the giving of a Force Majeure Notice:

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of Contractor.

  • H7 Force Majeure H7.1 Neither Party, shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Contract (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Contract for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Contract for a period in excess of six (6) Months, either Party may terminate the Contract with immediate effect by notice in writing.

  • F orce Majeure CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within thirty-six (36) hours of the start of the delay and CONTRACTOR avails himself of any available remedies.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeure Notice In relation to any Relevant Force Majeure Event:

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11:

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  • 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:

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