Common use of FORCE MAJUERE Clause in Contracts

FORCE MAJUERE. Neither we, EZL (where your Card incorporates the ez-link Facility) nor any of our respective agents shall be liable for nonperformance, error, interruption or delay in the performance of our obligations under this Agreement, in the ez-link Card system’s operation, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation:- (i) flood, lightning, acts of God, fire, earthquakes and other natural disasters; (ii) judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact; (iii) power failure; (iv) acts or defaults of any telecommunications network operator; (v) circumstances where communications lines and/or computer systems of EZL (where your Card incorporates the ez-link Facility), Citibank, any of our respective agents and/or the Qualified Merchants cannot be used for reasons attributable to third party telecommunications carriers; and (vi) acts or omissions of any Qualified Merchant or any party for whom Citibank, EZL (where your Card incorporates the ez-link Facility) and/or our respective agents are/is not responsible.

Appears in 5 contracts

Samples: Citi SMRT Card Cardmember’s Agreement, Citi SMRT Card Cardmember's Agreement, Citi SMRT Card Cardmember’s Agreement

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