Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 345 contracts
Samples: Transfer Agency and Service Agreement (Ares Dynamic Credit Allocation Fund, Inc.), Transfer Agency and Service Agreement (TCW Funds Inc), Transfer Agency and Service Agreement (Venerable Variable Insurance Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 113 contracts
Samples: Consulting Agreement (Miller Investment Trust), Consulting Agreement (Miller Investment Trust), Fund Accounting Service Agreement (XTF Investors Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that nothing in this Section 16.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.
Appears in 105 contracts
Samples: Transfer Agency and Service Agreement (Federated Hermes Core Trust III), Transfer Agency and Service Agreement (Federated Hermes High Income Bond Fund, Inc.), Transfer Agency and Service Agreement (Federated Hermes Municipal Bond Fund, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 95 contracts
Samples: Transfer Agency and Service Agreement (Lord Abbett Private Credit Fund), Transfer Agency and Service Agreement (Coller Secondaries Private Equity Opportunities Fund), Transfer Agency and Service Agreement (Coller Secondaries Private Equity Opportunities Fund)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 92 contracts
Samples: Transfer Agency and Service Agreement (Virtus Opportunities Trust), Transfer Agency and Service Agreement (Virtus Equity Trust), Transfer Agency and Service Agreement (Virtus Alternative Solutions Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CFS is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 57 contracts
Samples: Fund Services Agreement (World Funds Trust), Fund Services Agreement (ETF Opportunities Trust), Fund Services Agreement (Precidian ETFs Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 51 contracts
Samples: Warrant Agency Agreement (Advaxis, Inc.), Warrant Agency Agreement (Advaxis, Inc.), Warrant Agency Agreement (Advaxis, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescauses to the extent that the party has (where relevant) complied with its own business continuity procedures.
Appears in 38 contracts
Samples: Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc), Transfer Agency and Service Agreement (Morgan Stanley Institutional Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 35 contracts
Samples: Subscription Agent Agreement, Subscription Agent Agreement, Depositary Agreement (Diversified Real Asset Income Fund)
Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 30 contracts
Samples: Sub Transfer Agency and Services Agreement (Nations Fund Inc), Sub Transfer Agency and Services Agreement (Nations Institutional Reserves), Sub Transfer Agency and Services Agreement (Nations Institutional Reserves)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such No party shall not be liable for damages or responsible to the other for any damages resulting from such loss or damage or for any delays or failure to perform under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, employee strikes, epidemics, war, riots, flood, fire, sabotage, terrorist acts or otherwise from such causesany other circumstances of like character.
Appears in 27 contracts
Samples: Miscellaneous Professional Services Agreement, Job Order Contracting Agreement, Job Order Contracting Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescauses provided that the Transfer Agent has implemented and maintains a business continuity plan that complies with applicable laws, rules and regulations.
Appears in 24 contracts
Samples: Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Advisers Investment Trust), Transfer Agency and Service Agreement (Rimrock Funds Trust)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 21 contracts
Samples: Service Agreement (Spinnaker ETF Series), Fund Accounting and Administration Service Agreement (Starboard Investment Trust), Fund Accounting and Administration Service Agreement (Spinnaker ETF Series)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 20 contracts
Samples: Subscription and Information Agent Agreement (Growlife, Inc.), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Famous Daves of America Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 19 contracts
Samples: Subscription Agent Agreement (Hotel Outsource Management International Inc), Subscription Agent Agreement (Marshall Edwards Inc), Subscription Agent Agreement (Japan Smaller Capitalization Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that nothing in this Section 15.3 shall be deemed to relieve Transfer Agent of its obligations under Section 11.3.
Appears in 19 contracts
Samples: Transfer Agency and Service Agreement (Federated Core Trust III), Transfer Agency and Service Agreement (Federated Core Trust/Pa), Transfer Agency and Service Agreement (Federated Equity Funds)
Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 18 contracts
Samples: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (RS Variable Products Trust), Transfer Agency and Service Agreement (Gabelli Money Market Funds)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 16 contracts
Samples: Defined Contribution Clearance & Settlement Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Mutual of America Separate Account No 2), Defined Contribution Clearance & Settlement Agreement (MEMBERS Horizon Variable Separate Account)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 14 contracts
Samples: Subscription Agent Agreement (Kemper High Income Trust), Subscription Agent Agreement (Gabelli Convertible & Income Securities Fund Inc), Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 14 contracts
Samples: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agreement (Lm Funding America, Inc.)
Force Majeure. In the event either party is unable The failure of a Party to perform its obligations any obligation under the terms of this Agreement because by reason of acts of God, acts of governments, riots, wars, strikes, equipment accidents or transmission failure deficiencies in materials or damage reasonably beyond its control, transportation or other causes reasonably of a similar magnitude beyond its control, such party control shall not be liable for damages deemed to the other for any damages resulting from such failure to perform or otherwise from such causesbe a breach of this Agreement.
Appears in 14 contracts
Samples: Collaborative Discovery and Lead Optimization Agreement (3 Dimensional Pharmaceuticals Inc), Drug Discovery Collaboration Agreement (3 Dimensional Pharmaceuticals Inc), Collaborative Discovery and Lead Optimization Agreement (3 Dimensional Pharmaceuticals Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that the Transfer Agent is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 13 contracts
Samples: Transfer Agency and Service Agreement (Hansberger International Series), Transfer Agency and Service Agreement (Gateway Trust), Transfer Agency and Service Agreement (IXIS Advisor Funds Trust III)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 12 contracts
Samples: Reorganization Support Service Agreement (Herzfeld Caribbean Basin Fund Inc), Reorganization Support Service Agreement (H&q Life Sciences Investors), Reorganization Support Service Agreement (Cornerstone Progressive Return Fund)
Force Majeure. In the event either a party is hereto unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 12 contracts
Samples: Distribution Agreement (SPDR Dow Jones Industrial Average Etf Trust), Distribution Agreement (SPDR S&p Midcap 400 Etf Trust), Distribution Agreement (SPDR S&p 500 Etf Trust)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, control or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially its or their duties.
Appears in 12 contracts
Samples: Subscription Agent Agreement (Eagle Point Income Co Inc.), Subscription Agent Agreement (Goldman Sachs BDC, Inc.), Subscription Agent Agreement (Eagle Point Credit Co Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.
Appears in 8 contracts
Samples: Transfer Agency and Service Agreement (Allspring Funds Trust), Transfer Agency and Service Agreement (Allspring Variable Trust), Transfer Agency and Service Agreement (Allspring Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 7 contracts
Samples: Subscription Agent Agreement (Precision Optics Corporation Inc), Subscription Agent Agreement (JMG Exploration, Inc.), Subscription Agent Agreement (Gabelli Global Deal Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CFA is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 7 contracts
Samples: Accounting Services Agreement (World Funds Trust), Accounting Services Agreement (Dblaine Investment Trust), Accounting Services Agreement (Z Seven Fund Inc)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 6 contracts
Samples: Sub Transfer Agency and Service Agreement (New England Cash Management Trust), Transfer Agency and Service Agreement (Century Shares Trust), Transfer Agency and Service Agreement (Century Capital Managment Trust)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of the acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 6 contracts
Samples: Transfer Agency and Service Agreement (Phoenix Investment Trust 97), Transfer Agency and Service Agreement (Phoenix Income & Growth Fund), Transfer Agency Agreement (Phoenix Multi Portfolio Fund)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorism, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 6 contracts
Samples: Subscription Agent Agreement (Dividend & Income Fund, Inc.), Subscription Agent Agreement (Royce Value Trust Inc), Subscription Agent Agreement (Global Income Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that this provision shall not imply that CSS is excused from maintaining reasonable business continuity plans to address potential service outages.
Appears in 6 contracts
Samples: Administrative Services Agreement (World Funds Trust), Administrative Services Agreement (Z Seven Fund Inc), Administrative Services Agreement (World Funds Trust)
Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party Party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 5 contracts
Samples: Transfer Agency and Service Agreement (Schwab Annuity Portfolios), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Capital Trust)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 5 contracts
Samples: Reseller Agreement, Reseller Agreement, Reseller Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, natural disasters failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 4 contracts
Samples: Warrant Agency Agreement (OptiNose, Inc.), Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agreement (Ampco Pittsburgh Corp)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the any other for any damages party resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 4 contracts
Samples: Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.), Subscription Agent Agreement (Oxford Lane Capital Corp.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, and such party has acted without negligence, bad faith or willful misconduct, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 4 contracts
Samples: Transfer Agency Interactive Client Services Agreement (Financial Investors Trust), Transfer Agency and Services Agreement (Financial Investors Trust), Administration, Bookkeeping and Pricing Services Agreement (Financial Investors Trust)
Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, criminal acts by third parties, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 4 contracts
Samples: Transfer Agency and Service Agreement (Virtus Investment Trust), Transfer Agency and Service Agreement (Virtus Investment Trust), Transfer Agency and Service Agreement (Allianz Funds Multi-Strategy Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, natural disaster equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 4 contracts
Samples: Subscription and Rights Agent Agreement (High Income Securities Fund), Subscription Rights Offering and Information Agent Agreement (Lazydays Holdings, Inc.), Subscription Rights Offering and Information Agent Agreement (Lazydays Holdings, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Unit Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Unit Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 4 contracts
Samples: Unit Agency Agreement (Chanticleer Holdings, Inc.), Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. Performance under this
Appears in 4 contracts
Samples: Depositary and Information Agent Agreement (Evergreen Utilities & High Income Fund), Depositary and Information Agent Agreement (Evergreen Utilities & High Income Fund), Depositary and Information Agent Agreement (Evergreen Utilities & High Income Fund)
Force Majeure. 18.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Services Agreement (Northstar Equity Trust), Transfer Agency and Services Agreement (Northstar Advantage Trust), Transfer Agency and Services Agreement (Northstar Advantage Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party A Party shall not be liable for damages to the other for any damages resulting from such failure to perform comply with any of the terms and conditions of this Agreement where any failure to comply is caused by an act of God, court order, government regulation or otherwise from such causesrequirement, other than those imposed by the Party that fails to perform, strike or labor difficulty, fire, flood, windstorm, breakdown or other damage to equipment, power failure or any other cause beyond the reasonable control of said Party.
Appears in 3 contracts
Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, natural disasters, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Pulse Biosciences, Inc.), Warrant Agency Agreement (Pulse Biosciences, Inc.), Warrant Agency Agreement (Pulse Biosciences, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages Losses resulting from such failure to perform or otherwise from such causes, provided that the parties shall take reasonable steps under the facts and circumstances then prevailing to mitigate damages arising out of such causes.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Swiss Helvetia Fund, Inc.), Transfer Agency and Service Agreement (Prospect Street Income Shares Inc), Transfer Agency and Service Agreement (Prospect Street High Income Portfolio Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 3 contracts
Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agreement, Warrant Agent Agreement (Cytori Therapeutics, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise other wise from such causes.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Highland Global Allocation Fund), Transfer Agency and Service Agreement (Highland Global Allocation Fund Ii), Transfer Agency and Service Agreement (Highland Floating Rate Opportunities Fund Ii)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure failure, or damage reasonably beyond its control, or other causes clauses reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting and shall not be deemed in breach of this Agreement. The party affected shall be excused, upon prompt notice to the other party, from such failure performance on a day-to-day basis to perform the extent of such prevention, restriction, or otherwise from such causesinterference.
Appears in 3 contracts
Samples: Practice Grant Agreement, Practice Grant Agreement, Grant Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agency Agreement because of acts of God, strikes, natural disasters failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agency Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Warrant Agency Agreement (Accelerate Diagnostics, Inc), Warrant Agency Agreement (Accelerate Diagnostics, Inc), Warrant Agency Agreement (Accelerate Diagnostics, Inc)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, control or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 3 contracts
Samples: Registrar, Transfer Agency and Dividend Paying Agency Agreement (Corporate High Yield Fund Iii Inc), Registrar, Transfer Agency and Dividend Paying Agency Agreement (Corporate High Yield Fund Iv), Registrar, Transfer Agency and Dividend Paying Agency Agreement (Corporate High Yield Fund v Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, natural disaster, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 3 contracts
Samples: Subscription Agent Agreement (High Income Securities Fund), Subscription Agent Agreement (Mexico Equity & Income Fund Inc), Subscription and Information Agent Agreement (High Income Securities Fund)
Force Majeure. 13.01. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Registrar, Transfer Agency and Service Agreement (Muniyield Pennsylvania Fund), Registrar, Transfer Agency and Service Agreement (Bea Strategic Income Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other unforeseeable causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesactions.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (American General Series Portfolio Co 2), Transfer Agency and Service Agreement (American General Series Portfolio Co 2)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Avenue Mutual Funds Trust), Transfer Agency and Service Agreement (Avenue Income Credit Strategies Fund)
Force Majeure. 14.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Guinness Flight Investment Funds), Assignment and Assumption (Guinness Flight Investment Funds Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such A party shall not be liable for damages to any loss or damage suffered by the other for any damages resulting from such caused by a failure to perform any duty imposed by this Agreement where such failure is caused by an event, omission or otherwise from such causescondition not reasonably within the control of the defaulting party.
Appears in 2 contracts
Samples: Trading Partner Agreement, Trading Partner Agreement
Force Majeure. In the event either party Party is unable to perform its obligations under the terms of this Agreement because of unforeseeable acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Partners Group Growth, LLC), Transfer Agency and Service Agreement (Partners Group Next Generation Infrastructure LLC)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agency Agreement (BioRestorative Therapies, Inc.), Warrant Agency Agreement (BioRestorative Therapies, Inc.)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or failure, damage that is reasonably beyond its control, terrorist acts, war, or civil unrest, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Ambac Treasurers Trust), Transfer Agency and Services Agreement (Panorama Trust)
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (FactorShares 2X: S&P500 Bull/Usd Bear), Transfer Agency and Service Agreement (FactorShares S&P US Anti-Equity Premium)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust), Administrative and Shareholder Services Agreement (Wells Fargo Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment properly maintained by the Bank or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc), Transfer Agency and Service Agreement (Security Capital U S Real Estate Shares Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties. [Signature Page Follows]
Appears in 2 contracts
Samples: Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Mabvax Therapeutics Holdings, Inc.)
Force Majeure. In the event either party is unable to perform its ------------- obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 2 contracts
Samples: Subscription Agent Agreement (Pacholder Fund Inc), Subscription Agent Agreement (Pacholder High Yield Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes, provided, provided that the relevant party has taken reasonable steps, consistent with its business continuity or disaster recovery plan, to reduce or mitigate any damages.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Aberdeen Investment Funds), Transfer Agency and Service Agreement (Aberdeen Funds)
Force Majeure. In the event either party is reasonably unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages to the extent resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Sun Capital Advisers Trust), Transfer Agency and Service Agreement (Sun Capital Advisers Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, act or war or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Notwithstanding the foregoing, in the event such force majeure continues for more than a ninety (90) day period, either party shall have the right to terminate this Agreement upon written notice to the other party.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Wells Fargo Variable Trust), Transfer Agency and Service Agreement (Wells Fargo Funds Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.party
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Loomis Sayles Funds), Registrar, Transfer Agency and Service Agreement (Brantley Capital Corp)
Force Majeure. In the event that either party to this Agreement is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for party to the extent that any unforeseeable damages resulting result from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party is able to perform substantially that party's duties. In no event shall the provisions of this Section 12.9 apply to any monetary obligations under this Agreement.
Appears in 2 contracts
Samples: Administrative Services Agreement (Seabright Insurance Holdings Inc), Administrative Services Agreement (Seabright Insurance Holdings Inc)
Force Majeure. In the event either a party is unable to perform its obligations under the terms of this Agreement because of acts of God, acts of terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes."
Appears in 2 contracts
Samples: Participation Agreement (Variable Account Ii Aig Life Insurance Co), Participation Agreement (Variable Account B American Intl Life Assur Co of New York)
Force Majeure. In the event either any party is unable to perform its obligations under the terms of this Agreement because of acts of God, war, acts of terrorism, civil unrest, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its such party’s control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesperform.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (MFS Government Markets Income Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes, provided that such party shall have used commercially reasonable measures to prevent such failure or damage and shall use commercially reasonable efforts to recommence performance of such obligations as soon as possible.
Appears in 2 contracts
Samples: Sub Accounting Agreement (Legg Mason Value Trust Inc), Sub Accounting Agreement (Legg Mason Cash Reserve Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment equipment, or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Force Majeure. 17.1 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, labor difficulties, mechanical breakdowns, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency Agreement (Northstar Advantage Government Securities Fund), Transfer Agency and Services Agreement (Tomorrow Funds Retirement Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its controlcontrol and not the result of its negligence or malfeasance, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Schroder Global Series Trust), Transfer Agency and Service Agreement (Schroder Global Series Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Sub Transfer Agency and Service Agreement, Sub Transfer Agency and Service Agreement (Virtus Opportunities Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages party resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its controlfailure, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Administration Agreement (Conseco Fund Group), Administration Agreement (Conseco Fund Group)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Warrant Agent Agreement because of acts of God, strikes, failure of carrier or utilities, equipment or transmission failure or damage that is reasonably beyond its control, or any other causes cause that is reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Warrant Agent Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Quotient LTD), Warrant Agent Agreement (Quotient LTD)
Force Majeure. 14.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes; provided, however, that such party shall make reasonable efforts to remove such causes as soon as practicable to the extent reasonably possible for such party to do so.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Seneca Funds), Transfer Agency and Service Agreement (Seneca Funds)
Force Majeure. In the event 9.1 If either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, war, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 2 contracts
Samples: Software Agreement, Service Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causescause.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable liabile for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 2 contracts
Samples: Subscription Agent Agreement (Liberty All Star Growth Fund Inc /Md/), Subscription Agent Agreement (Liberty All Star Equity Fund)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. ARTICLE
Appears in 1 contract
Samples: Registrar, Transfer Agency and Service Agreement (Blackrock Florida Municipal Income Trust)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party's duties.
Appears in 1 contract
Samples: Subscription, Escrow, and Information Agent Agreement (Rave Restaurant Group, Inc.)
Force Majeure. In the event either that any party is unable to perform its obligations under the terms of this Agreement because of acts reasonably beyond such party’s control, including acts of God, strikes, equipment terrorist acts or transmission failure or damage any other cause reasonably beyond its control, or other causes reasonably beyond its such party’s control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party is able to perform substantially all of such party’s duties under this Agreement.
Appears in 1 contract
Force Majeure. In the event either a party is hereto unable to perform ------------- its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the any other party for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such No party shall not be liable for damages or responsible to the other for any damages resulting from such loss or damage or for any delays or failure to perform under this Contract due to causes beyond its reasonable control, including, but not limited to, acts of God, employee strikes, epidemics, war, riots, flood, fire, sabotage, terrorist acts or otherwise from such causesany other circumstances of like character.
Appears in 1 contract
Samples: Construction Contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, terrorists acts, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Samples: Conversion Agent Agreement (Converted Organics Inc.)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from form such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Registrar, Transfer Agency and Service Agreement (Blackrock Investment Quality Municipal Trust Inc)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment requirement or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Samples: Administration Agreement (Stewart W P & Co Growth Fund Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage that is reasonably beyond its control, or other causes cause that is reasonably beyond its controlcontrol (except, in the case of the Agent, for acts of subcontractors), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes. Subject to prior termination of this Agreement, performance under this Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.
Appears in 1 contract
Samples: Subscription and Information Agent Agreement (Pro Dex Inc)
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.such
Appears in 1 contract
Samples: Subscription Agent Agreement (Brookfield Global Listed Infrastructure Income Fund Inc.)
Force Majeure. 13.01 In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.. Article 14
Appears in 1 contract
Samples: Registrar, Transfer Agency and Service Agreement (Latin America Dollar Income Fund Inc)
Force Majeure. In the event If either party Party is unable to perform or delays to perform its obligations under the terms of this Agreement because of due to events beyond its reasonable control (including but not limited to war, industry actions, acts of God, strikesbreakdown of network or public utilities), equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, the Party encountering such party events shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causesthereto.
Appears in 1 contract
Samples: Merchant Service Agreement
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because ofacts of God, acts of Godwar or terrorism, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, terrorist acts, equipment or transmission failure or damage reasonably beyond its control, or other causes cause reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.its
Appears in 1 contract
Samples: Depositary Agreement (Evergreen Utilities & High Income Fund)
Force Majeure. In Except as provided in this Agreement, no Party shall be liable to the event either party is unable to perform its obligations under the terms other Party for any breach of, or failure of performance under, this Agreement because of acts caused by or resulting from any act of God, strikesact of state, equipment natural or transmission failure man-made disaster, or damage reasonably any other cause beyond its controlreasonable control (“Force Majeure”), or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from extent and throughout the duration of such failure to perform or otherwise from such causescondition of Force Majeure.
Appears in 1 contract
Force Majeure. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.liable
Appears in 1 contract
Samples: Sub Transfer Agency and Service Agreement (Mainstay Funds)
