Common use of Force Majeure; Remedies Cumulative Clause in Contracts

Force Majeure; Remedies Cumulative. In the event either Party's performance under this Agreement is in any way prevented or delayed as a result of causes or conditions (other than financial incapacity to pay) beyond such Party's reasonable control, such Party shall be excused temporarily without liability with respect to such performance or nonperformance; provided, however, that such Party must diligently pursue reasonable and appropriate actions to remedy such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 7 contracts

Samples: Option Agreement (Qrons Inc.), License Agreement (Quantum Materials Corp.), License Agreement (Graphite Corp)

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Force Majeure; Remedies Cumulative. In the event either PartyEither party's delayed performance under this Agreement may be temporarily excused without liability, if such delay is in any way prevented or delayed as a result of causes or conditions beyond that party’s control and without that party’s fault or negligence (other than such causes or conditions specifically do not include the financial incapacity to pay) beyond such Party's reasonable control, such Party shall be excused temporarily without liability with respect to such performance or nonperformance); provided, however, that such Party party must diligently pursue reasonable and appropriate actions to remedy such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 6 contracts

Samples: Sponsored Agreement, Sponsored Agreement, Sponsored Design Research Agreement

Force Majeure; Remedies Cumulative. In the event either Party's Either party’s delayed performance under this Agreement may be temporarily excused without liability, if such delay is in any way prevented or delayed as a result of causes or conditions beyond that party’s control and without that party’s fault or negligence (other than such causes or conditions specifically do not include the financial incapacity to pay) beyond such Party's reasonable control, such Party shall be excused temporarily without liability with respect to such performance or nonperformance); provided, however, that such Party party must diligently pursue reasonable and appropriate actions to remedy such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 2 contracts

Samples: Sponsored Research Agreement, Sponsored Research Agreement (Natcore Technology Inc.)

Force Majeure; Remedies Cumulative. In the event either Party's ’s performance under this Agreement is in any way prevented or delayed as a result of causes or conditions (other than financial incapacity to pay) beyond such Party's ’s reasonable control, such Party shall be excused temporarily without liability with respect to such performance or nonperformance; provided, however, that such Party must diligently pursue reasonable and appropriate actions to remedy such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 1 contract

Samples: License Agreement (Natcore Technology Inc.)

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Force Majeure; Remedies Cumulative. In the event either Party's performance under this Agreement is in any way prevented or delayed as a result of causes or conditions (other than financial incapacity inability to pay) beyond such Party's reasonable control, such Party shall be excused temporarily without liability with respect to such performance or nonperformance; provided, however, that such Party must diligently pursue reasonable and appropriate actions to remedy nonperformance for the duration of such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 1 contract

Samples: Confidentiality Agreement

Force Majeure; Remedies Cumulative. In the event either Partyparty's performance under this Agreement is in any way prevented or delayed as a result of causes or conditions (other than financial incapacity inability to pay) beyond such Partyparty's reasonable control, such Party party shall be excused temporarily without liability with respect to such performance or nonperformance; provided, however, that such Party must diligently pursue reasonable and appropriate actions to remedy nonperformance for the duration of such cause or condition. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law and in equity.

Appears in 1 contract

Samples: Materials Transfer Agreement

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