Force Majeure/Pandemic. If either party is bona fide delayed, or hindered in or prevented from the performance of any term, covenant or act required by this Agreement by reason of any cause beyond the control of the party affected including, without limitation, strikes, lockouts or other labour disputes, the enactment, amendment or repeal of any applicable laws, restrictive governmental laws or regulations, the failure of any existing tenant or occupant to vacate the Residence, shortages or unavailability of labour or materials, riots, insurrection, sabotage, rebellion, war, acts of terrorism, act of God, pandemic, Health Emergency or any other similar reason (“Unavoidable Delay”), then performance of such term, covenant or act is excused for the period of the delay and the party so delayed, hindered or prevented shall be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay. However, the provisions of this Section do not operate to excuse me from the prompt payment of fees and any other payments required by this Agreement and Unavoidable Delay shall not include any delay caused by the parties’ default or act or omission, any delay avoidable by the exercise of reasonable care by such party or any delay caused by lack of funds of such party. The College shall also be excused from the performance of any term, covenant or act required hereunder if the performance of such item would be in conflict with any directive or policy of any governmental or quasi- governmental authority having jurisdiction over the Residence in respect of any energy, conservation, health, safety or security matter. In the event that I am unable or I am prohibited from occupying the Room in the ordinary course due to a Health Emergency, and such closure continues for an extended period of time, then at the expiry of said extended period, all fees payable under this Agreement shall xxxxx until such time as I am able to be permitted to occupy the Room.
Force Majeure/Pandemic. 12 If either party to this Agreement is prevented or delayed in the performance of any of its respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue;
12.1 For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:
12.2 Strikes, lockouts or other industrial action;
12.3 Civil commotion, riot, invasion, war threat or preparation for war;
12.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster;
12.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
12.6 Political interference with the normal operations.
Force Majeure/Pandemic. 12.1 Neither Party shall be responsible for any failure to fulfil any term or condition of the Agreement if and to the extent that fulfilment has been delayed or prevented by a force majeure. Force majeure shall be an occurrence or circumstances beyond the control of the Party affected, which could not reasonably have been foreseen, avoided or overcome, and which would not reasonably have been anticipated at the time Parties entered into the Agreement. The Party that so fails or anticipates failing any term or condition of the Agreement shall notify the other Party without delay giving full particulars of the force majeure and shall use all reasonable efforts to expeditiously remedy the situation.
12.2 If Contractor’s possibility to perform and/or deliver the Work is limited because of a force majeure, Contractor shall distribute any available Goods, Rentals and/or personnel performing services among its customers in a fair and reasonable manner and in addition shall use its reasonable efforts to purchase or obtain at Contractor’s expense, Goods, Rentals and/or services for Company from third party producers or suppliers, or if applicable from Contractor’s Affiliates.
12.3 Should any force majeure disrupt the Contractor’s performance, the Company may either terminate the Agreement without any liability to the Contractor or suspend performance of the affected portions of the Work until the Contractor can resume performance. Such a suspension shall not affect the term and expiry date of the Agreement, but may alter delivery dates or any milestones, in which case the Contractor shall endeavour to expedite performance of the Work to make up for lost time and the Parties will document any required changes.
12.4 A pandemic outbreak (including COVID-19) or consequences (such as generally accepted safety precautions) thereof (whether foreseen or not) shall qualify as force majeure under this Clause 12. During a pandemic outbreak Company can (within its reasonable discretion) decide to defer or delay the Work or parts thereof. If consequences of a pandemic outbreak require implementation of additional (safety) measures, Parties shall enter into good faith negotiations on division of any direct and unavoidable additional costs.
