Force Majeure Relief. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of this Clause 33 and continues to so comply, then:
(a) the affected Party shall not be liable for any failure or delay in performing its obligations which are affected by the Force Majeure Event under or pursuant to the Agreement during the existence of a Force Majeure Event;
(b) each Party will bear its Cost caused by the circumstances of the Force Majeure Event; and
(c) in case of a Force Majeure Event affecting Seller, Buyer shall be released from its payment obligations under the Agreement, other than in respect of any amounts that became due and owing under the Agreement prior to the occurrence of the Force Majeure Event that are unpaid, for the duration of the Force Majeure Event. If Xxxxxx claims a Force Majeure Event, Seller shall be entitled to request a Change Order pursuant to Clause 24, in order to obtain an equitable suspension of performance or extension of time (including an extension of the Project Schedule to the extent compliance thereof is affected) with respect thereto.
Force Majeure Relief. (a) Subject to the further provisions of this Article 18, a Party shall not be liable for any failure to perform an obligation under this Agreement to the extent such performance is prevented, hindered or delayed by events or circumstances which are beyond its reasonable control and the effects of which could not (including by reasonable anticipation) and cannot reasonably be avoided or overcome by it ("Force Majeure").
(b) Notwithstanding paragraph 18.1(a), the following shall not be Force Majeure:
(i) failure to pay money;
(ii) in the case of the Contractor, the law, or any action or inaction of the government, of a place other than Timor-Leste or Australia (or of a political subdivision thereof);
(iii) in the case of the Designated Authority, the law, or any action or inaction of the government, of Timor-Leste or Australia;
(iv) in the case of the Contractor, any failure to deliver and maintain a Security or to obtain and maintain insurance as required by this Agreement; and
(v) in the case of the Contractor, strikes, lockouts and other industrial disturbances of the Operator's (or of its agents' and sub-contractors') employees and not part of a wider industrial dispute materially affecting other employers.
Force Majeure Relief. 15.3.1 A Party intending to seek relief under this Clause 15 shall as soon as reasonably practicable after it becomes aware of the relevant Event of Force Majeure:
(a) notify the other Party of the event and furnish reasonable particulars thereof, if available;
(b) give a bona fide estimate of when it will be able to resume full performance of its obligations;
(c) give the particulars of the programme to be implemented to resume full performance hereunder; and
(d) provide interim reports concerning the event for continued invocation of Clause 15.1 and an estimate of the anticipated duration of the Event of Force Majeure relief which it seeks.
15.3.2 The Affected Party shall, throughout the period during which it is prevented from, or impeded or delayed in, performing its obligations under this Agreement, allow the other Party (at such other Party’s risk and cost) to have access to such information, facilities, sites and personnel in the possession, control or employment of the Affected Party as the other Party may reasonably request in connection with such Event of Force Majeure.
15.3.3 The obligations of the Parties under this Agreement to the extent performance thereof is prevented, impeded or delayed by the Event of Force Majeure shall be suspended, and the Parties shall not be liable for the non-performance thereof for the duration of the Event of Force Majeure. To the extent that an Event of Force Majeure prevents a Party from performing its obligations in relation to any Unloading and Regasification Slot allocated to the User as set out in Schedule 1 (Allocated Unloading and Regasification Slots), the Parties shall be excused from performing their obligations relating to such Unloading and Regasification Slot.
15.3.4 In case of an Event of Force Majeure, the FSRU shall have liberty to comply with any directions or recommendations as to departure, arrival, routes, ports of call, stoppages, destinations, zones, waters, delivery or in any other way whatsoever given by a Governmental Authority of the Flag State of the FSRU or any other Governmental Authority having, under the terms of the war risks insurance on the FSRU, the right to give any such directions or recommendations.
15.3.5 To the extent either Party is entitled to relief from its obligations under this Agreement on grounds that an event or circumstance constitutes an Event of Force Majeure, the Affected Party shall as soon as reasonably possible take the measures which a Reasonable and Pruden...
Force Majeure Relief. Any obligation or condition arising from this Contract which either Party is prevented from performing whether in whole or part, except with respect to the payments such Party is liable to, shall not be considered as a breach of this Contract if said non- performance is caused by a case of Force Majeure, provided, however, that there is a direct cause-and-effect relationship between the non-performance and the case of Force Majeure invoked. For purposes of this Contract, the term “Force Majeure” shall include all events which are unforeseeable, irresistible and beyond the control of the Party which invokes it, such as earthquakes and other natural disasters, riots, embargoes, acts of terrorism, insurrections, civil disturbances, acts of war or acts attributable to war. The intent of the Parties is that the term Force Majeure shall be interpreted in accordance with the principles and practice of international law.
Force Majeure Relief. The GGR Agreement is likely to follow the provisions of the AR5 CfD and other CCUS Programme Contracts, whereby the Developer will be entitled to day-for-day extensions of time (pre-Start Date) and relief from performance of its GGR Agreement obligations where a Force Majeure event occurs which is beyond the Developer's control and which could not have been reasonably avoided or overcome by the Developer. As with the AR5 CfD and other CCUS Programme Contracts, such protection will not apply where the relevant event is caused by the Developer's fault or negligence, or where the relevant event occurred before the Agreement Date. The T&S Outage Relief Events, T&S Commissioning Delay Events and T&S Prolonged Unavailability Events will also be excluded from the Force Majeure protection and will be subject to a separate regime under the GGR Agreement.
Force Majeure Relief. 20.1 Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement to the extent that such failure or delay is due to any contingency beyond the reasonable control, and without any fault, of such party (“Force Majeure Event”); provided, however, the affected party will promptly notify the other party of the occurrence of the Force Majeure Event and will take all steps reasonably necessary to resume performance of its obligations.
Force Majeure Relief. Any obligation or condition arising from this Agreement which either Party is prevented from performing whether in whole or part, except with respect to the payments such Party is liable to, shall not be considered as a breach of this Agreement if said non-performance is caused by a case of Force Majeure, provided, however, that there is a direct cause-and-effect relationship between the non-performance and the case of Force Majeure invoked and that such Party has taken appropriate precautions and exercised due care, to carry out the terms and conditions of this Agreement. For purposes of this Agreement, cases of Force Majeure are considered to include all circumstances which could not be foreseen, avoided or prevented and which are beyond the control of the Party referring to them, such as, but not limited to, earthquake, typhoon, fire, riot, insurrection, civil disturbances, acts of war or acts attributable to war, invasions, blockades, riots, strikes, drilling rig unavailability due to force majeure, but shall not include the lack of financial assets. Any other Investor’s financial instability, as well as insolvency and/or initiating bankruptcy/liquidation proceedings over the Investor shall not be considered Force Majeure. The intent of the Parties is that the term Force Majeure shall be interpreted in accordance with the Act and act regulating civil obligations.
Force Majeure Relief. If an event or circumstance of Force Majeure occurs that affects FortisAlberta’s ability to provide a Service Connection or other interconnection to its Electric Distribution
Force Majeure Relief. If the Proponent establishes that it is prevented from performing any of its obligations under this Agreement, the Nickel Concentrate Exemption Order or the Matte Plant Exemption Order by reason of an Event of Force Majeure, such obligations will be suspended for the period of the existence of such Event of Force Majeure and the Proponent will be entitled to an extension of all dates referred to in this Agreement, the Nickel Concentrate Exemption Order and the Matte Plant Exemption Order for a reasonable period of time that reflects (a) the period during which the Proponent is prevented from performing its obligations by reason of the Event of Force Majeure, and (b) the impact that such Event of Force Majeure has on the Project including, without limitation, shipping schedules and construction schedules that have been delayed by reason of such Event of Force Majeure. Even though the Proponent’s obligations will be suspended for such reasonable period of time, when the applicable Event of Force Majeure is no longer preventing the Proponent from performing its obligations, the Proponent will again be obliged to perform such obligations.
Force Majeure Relief. Subject to the further provisions of this Article 18, a Party shall not be liable for any failure to perform an obligation under this Agreement to the extent such performance is prevented, hindered or delayed by events or circumstances which are beyond its reasonable control and the effects of which could not (including by reasonable anticipation) and cannot reasonably be avoided or overcome by it ("Force Majeure").
