Force Xxxxxx. The Escrow Agent shall not be responsible for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communication service, accidents, labor disputes, acts of civil or military authority, or governmental actions.
Force Xxxxxx. The Company shall be excused from any delay in performance or for non-performance of any of the terms and conditions of this Agreement caused by any circumstances beyond its control, including, but not limited to, any Act of God, fire, flood, or government regulation, direction or request, or accident, interruption of telecommunications facilities, labor dispute, unavoidable breakdown, civil unrest or disruption to the extent that any such circumstances affect the Company’s ability to perform its obligations under this Agreement or the ability of the Commission to perform its responsibilities under the Securities Act.
Force Xxxxxx. With regard to the performance under this Agreement, a party shall not be deemed to be in default of this Agreement, or have failed to comply with any term or conditions if, for reasons beyond the parties reasonable control, including without limitation acts of God, natural disaster, labor unrest, war, declared or undeclared, the existence of injunctions or requirements for obtaining licenses, easements, permits or other compliance with applicable laws, rules and regulations, such performance is not reasonably possible within such time periods, then the time for such performance shall be extended until removal of such reasons beyond the parties reasonable control, provided that the party commences such performance as soon as reasonably possible and diligently pursues such performance.
Force Xxxxxx. 10.1. No party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 3 months, the parties not affected may terminate this agreement by giving seven (7) days’ written notice to the affected party.
Force Xxxxxx. In this Clause, ‘Force Majeure’ means an exceptional event or circumstance:
(a) which is beyond a Party’s control,
(b) which such Party could not reasonably have provided against before entering into the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome, and
(d) which is not substantially attributable to the other Party. Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied:
(i) war,hostilities(whether war be declared or not), invasion, act of foreign enemies,
(ii) rebellion, terrorism, sabotage by persons other than the Subcontractor’s Personnel, revolution, insurrection, military or usurped power, or civil war,
(iii) riot, commotion, disorder, strike or lockout by persons other than the Subcontractor’s Personnel,
(iv) munitions of war, explosive materials, ionising radiation or contamination by radio-activity, except as may be attributable to the Subcontractor’s use of such munitions, explosives, radiation or radio- activity, and
(v) natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity. If a Party is or will be prevented from performing its substantial obligations under the Work Order / Subcontract by Force Majeure, then it shall give notice to the other Party of the event or circumstances constituting the Force Majeure and shall specify the obligations, the performance of which is or will be prevented. The notice shall be given within 14 (Fourteen) days after the Party became aware, or should have become aware, of the relevant event or circumstance constituting Force Majeure. Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of the Contract as a result of Force Majeure. A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure. *********************** SECTION-III These General Conditions of Work Order shall be read in conjunction with the Special Conditions, if any and shall form an integral and binding part of the Work Order placed on the Piece Rate Worker (PRW) by Xxxxxx Engineers and Contractors Private Limited (hereinafter referred to as the Main Contractor or the Company) and collectively referred as Parties for the execution of the Works awarded to the PRW.
Force Xxxxxx. (a) If either Party to this Agreement is affected, or likely to be affected, by an event of Force Majeure:
(i) that party must immediately give the other prompt Notice giving full particulars of the event of Force Majeure claimed and the steps taken to rectify it; and
(ii) the obligation under this Agreement of the party giving the Notice are suspended to the extent to which they are affected by the relevant event of Force Majeure during but no longer than the continuance of the Force Majeure.
(b) Neither Party shall be liable to the other for any costs associated with the delay due to Force Majeure.
(c) A party claiming Force Majeure must use its best endeavours to remove or overcome the effects of the Force Majeure as quickly as possible.
(d) Either party may terminate this Agreement if an event of Force Majeure claimed by the other Party continues for longer than 90 days.
Force Xxxxxx. Supplier’s failure to deliver Product by reason of any of the following shall not constitute an event of default or breach of any terms: strikes, picket lines, boycott efforts, fires, floods, freeze, accidents, war (whether or not declared), revolution, acts of terrorism, riots, insurrections, acts of God, acts of government (including without limitation any agency or department of the United States of America or any other country), acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain raw materials or labor, or other causes which are reasonably beyond the control of the defaulting party. Supplier shall promptly notify Buyer of any such delay and its specific cause.
Force Xxxxxx. The University is not responsible for the continuation of mail, heating, maintenance, or security service at normal levels in the event of a state, county, city, or campus closure; natural
Force Xxxxxx. Neither party shall be responsible for performance of their respective obligations under this contract in the event of delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but not be limited to, Acts of God, labor disputes, civil disruptions, acts of war, epidemics, fire, electrical power outages, earthquakes or other natural disasters.
Force Xxxxxx. No party to this Agreement shall be liable for failure to perform any duty or obligation that said party may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, unavoidable accident, natural disaster, epidemic or pandemic, war or any cause outside the reasonable control of the party who had the duty to perform.
