FORCE MAJEURE 条款9 Sample Clauses

FORCE MAJEURE 条款9. 不可抗力 Any delay in or failure of performance of either party hereto shall not constitute default hereunder or give rise to any claim for damages if and to the extent such delay or failure of performance is caused by force majeure. 如果那样的延迟或没有履行责任是因不可抗力引起的，任何在此一方对那些延迟或没有履行责任都不应承担过失或对任何损失赔偿。 Notification通知 Within seven (7) days from the date of recognition of an event of force majeure, the party affected shall first notify the other in person or by fax in detail of the event of force majeure and of the obligation or part of the Works, the performance of which is thereby necessarily and actually delayed or prevented. Such notification shall be confirmed promptly in writing, accompanied by proper substantiation (which shall include, but not be limited to, certifications by a public authority or chamber of commerce official). The party affected shall, upon such substantiation, be excused from the timely performance or partial performance, as the case may be, of its obligations hereunder, until such time that the force majeure event shall have ceased and the performance of its obligations may be resumed without any further harm or danger to the Equipment or any personnel of either BUYER or SELLER. 在不可抗力确认的7（七） 天内，受影响的那方应首先专人或传真通知另一方详细说明受不可抗力的影响履行全部或部分工程责任在这里实际上已受拖延或受妨碍。附带适当的证明（应包括但 不应限于由公共当局或商业协会办公室发出的证明书），应马上用书面形式确认那通知。以这样的证明为基础，受影响的那方应得以免去按时履行或部分履行的责 任，正如事实可能出现的那样，一直到不可抗力消失，在采购方或销售方任何一方间的人员或设备不再处于更多的伤害或危险时，履行的责任可能才恢复。 Mitigation of Effects of Force Majeure不可抗力影响的缓解 The parties shall meet as soon as possible after such notification and regularly thereafter throughout the duration of such event of force majeure in order to endeavor to mitigate the consequences of such event and to evaluate the consequences of such event within the provisions of this Contract. 出现了那些不可抗力的贯穿整个持续时间内，收到通知后，双方应尽可能面谈以努力减缓那些事件造成的破坏并在本合同规定内评估不可抗力引致的后果。 Option to Terminate终止的选择 If an event of force majeure extends for a continuous period of more than one hundred eighty (180) days and, as a result thereof, either or both parties are unable during such period to fulfill or resume performance of their respective obligations hereunder, then BUYER and/or SELLER as the case may be, may in good faith and in its sole discretion, terminate this Contract by serving a ten (10)-day written notice of termination upon the other party. Upon such termination, SELLER and BUYER shall determine in good faith the true value to BUYER, if any, of the Works completed by SELLER at the time of termination. SELLER s...
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Related to FORCE MAJEURE 条款9

  • 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 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 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.

  • 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.

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

  • 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 CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

  • 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:

  • 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.

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:

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