Common use of Force Xxxxxx Clause in Contracts

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.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

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Force Xxxxxx. In No Party shall be responsible for delays or failures in performance of any part of this ClauseAgreement (other than an obligation to make money payments) resulting from acts or occurrences beyond the reasonable control of such Party, including acts of nature, acts of civil or military authority, any law, order, regulation, ordinance of any government or legal body, embargoes, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions (individually or collectively, a "Force Majeure’ means an exceptional event Majeure 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 delays caused by the other Party or any other circumstances beyond the 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's reasonable control. If a Force Majeure Event shall occur, the Party is or will be prevented from performing its substantial obligations under the Work Order / Subcontract by Force Majeure, then it affected shall give prompt notice to the other Party of the event or circumstances constituting the such Force Majeure Event specifying the nature, date of inception and shall specify the obligationsexpected duration of such Force Majeure Event, the whereupon such obligation or performance of which is or will be prevented. The notice shall be given within 14 suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (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 and the other Party when it ceases shall likewise be excused from performance of its obligations to the extent such Party's obligations relate to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. Notwithstanding the preceding, no delay or other failure to perform shall be affected excused pursuant to this Section 30.5: (i) by the acts or omission of a Party's subcontractors, materialmen, suppliers or other third persons providing products or services to such Party unless such acts or omissions are themselves the product of a Force Majeure. *********************** SECTION-III These General Conditions of Work Order shall be read in conjunction with Majeure Event, and unless such delay or failure and the Special Conditions, if any consequences thereof are beyond the control and shall form an integral and binding part without the fault or negligence of the Work Order placed on Party claiming excusable delay or other failure to perform, or (ii) if such Party fails to implement any steps taken to mitigate the Piece Rate Worker effects of a Force Majeure Event (PRWe.g., disaster recovery plans) by Xxxxxx Engineers and Contractors Private Limited (hereinafter referred to as in a nondiscriminatory manner during the Main Contractor or the Company) and collectively referred as Parties for the execution of the Works awarded to the PRWperiod performance is impaired.

Appears in 1 contract

Samples: Interconnection Agreement (21st Century Telecom Group Inc)

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 , 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- 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.

Appears in 1 contract

Samples: General Conditions of Work Order

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 , 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 /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. VER 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 SECTION I I I 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 India 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.

Appears in 1 contract

Samples: Subcontract Agreement

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 , 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-radio- activity, except as may be attributable to the Subcontractor’s use of such munitions, explosives, radiation or radio- 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.

Appears in 1 contract

Samples: Subcontract Agreement

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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 , 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- 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.

Appears in 1 contract

Samples: General Conditions of Work Order

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 , 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 VER 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 /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 India 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.

Appears in 1 contract

Samples: Subcontract Agreement

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