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.
Appears in 4 contracts
Samples: Residence Agreement, Residence Agreement, Residence Agreement
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- 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.
Appears in 4 contracts
Samples: Occupancy Agreement, Occupancy Agreement, Summer Occupancy Agreement
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- 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.
Appears in 3 contracts
Samples: Residence Agreement, Residence Agreement, Residence Agreement
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 I agree that I am unable shall not hold the College nor the Collegium and those for whom they are in law responsible, their successors and assigns, liable for any losses, causes of action, demands or other incidental, indirect, consequential, special or contingent damages, that I am prohibited from occupying may incur or sustain arising out of, or in any way connected with, my residency at the Room in College; I agree to these terms regardless of the ordinary course due to a Health Emergencyform that such losses or damages may take, whether or not the possibility of any such losses or damages reasonably could have been foreseen by the College or the Collegium, and whether or not any such closure continues for an extended period losses or damages were the result of timemy failure to abide by the rules and regulations and any amendments made thereto, then at referred to in paragraphs (1) through (17) above, including, without limitation, theft, fire, howsoever caused, injuries, illness, or accidents to myself or my invitees, natural disasters, vandalism, or the expiry failure of said extended period, all fees payable under this Agreement shall xxxxx until such time as I am able the College or the Collegium to be permitted to occupy enforce the Roomaforementioned rules and regulations.
Appears in 1 contract
Samples: Residence Agreement