Force Xxxxxxx. Xxxxx will not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control. Xerox will notify you if such a circumstance occurs.
Force Xxxxxxx. Xx damages shall be due for a failure of performance due to Acts of God, declared war in the United States, terrorist act in the city where UIC is being held, government regulation, riots, disaster, Centers for Disease Control Level 3 Travel Advisory regarding the city in which UIC is being held, government imposed prohibitions on gatherings where UIC is being held, declaration of a pandemic by the World Health Organization, or any other circumstance beyond the Parties’ reasonable control, which in the case of each of the foregoing makes it illegal or impossible to hold UIC. If UIC is cancelled due to a cause that the parties mutually agree is a Force Majeure, 100% of all deposits paid by Exhibitor will be refunded, less a pro rata share of costs and expenses incurred.
Force Xxxxxxx. Xx party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial condition or negligence).
Force Xxxxxxx. Xx addition, and without limiting any other provision of this Agreement, the Sub-Advisor shall not be liable for (i) force majeure or other events beyond the control of the Sub-Advisor, including without limitation any failure, default or delay in performance resulting from computer or other electronic or mechanical equipment failure, unauthorized access, theft, operator errors, government restrictions, exchange or market rulings or suspension of trading, strikes, failure of common carrier or utility systems, severe weather or breakdown in communications not reasonably within the control of the Sub-Advisor or other causes commonly known as “acts of god”, whether or not any such cause was reasonably foreseeable, or (ii) general market conditions rather than a violation of this Agreement by the Sub-Advisor.
Force Xxxxxxx. Xx no event shall the Trustee be liable for any failure or delay in the performance of its obligations under this Supplement because of circumstances beyond the Trustee’s control, including, but not limited to, a failure, termination, suspension of a clearing house, securities depositary, settlement system or central payment system in any applicable part of the world or acts of God, flood, war (whether declared or undeclared), civil or military disturbances or hostilities, nuclear or natural catastrophes, political unrest, explosion, severe weather or accident, earthquake, terrorism, fire, riot, labor disturbances, strikes or work stoppages for any reason, embargo, government action, including any laws, ordinances, regulations or the like (whether domestic, federal, state, county or municipal or foreign) which delay, restrict or prohibit the providing of the services contemplated by this Supplement, or the unavailability of communications or computer facilities, the failure of equipment or interruption of communications or computer facilities, or the unavailability of the Federal Reserve Bank wire or telex or other wire or communication facility, or any other causes beyond the Trustee’s control whether or not of the same class or kind as specified above.
Force Xxxxxxx. 00.0 XXX shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of PLI including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, disease, lock-outs, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 120 days, Client shall be entitled to give notice in writing to PLI to terminate this Agreement.
Force Xxxxxxx. Xxxxxver performance by a party of any of its obligations hereunder, other than the payment of money due, is substantially or completely interrupted or prevented by reason of an act of God, strike, lockout, labor trouble or other industrial disturbance, transportation dislocation, shortage of supply, casualty, civil strife or a circumstance beyond the reasonable and good faith control of the party required to act, such performance shall be excused for the period during which such state of affairs continues, provided, however, that if such state of affairs continues beyond a period of one hundred eighty (180) days, this Agreement may be terminated at the option of the party whose performance is not affected.
Force Xxxxxxx. Xx 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 party resulting from such failure to perform or otherwise from such causes.
Force Xxxxxxx. Xx no event shall either Party be liable to the other Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under any Order and this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, epidemic or pandemic, or passage of law or any action taken by a governmental or public authority, including imposing an embargo (each a“Force Majeure Event”), and so long as the Party provides prompt Notice to the other Party, then such Party’s obligations hereunder will be extended for the period of time of such Force Majeure Event.
Force Xxxxxxx. 00.0 Subject to the provisions of this Article XV, no Party shall be liable to the other party for the failure to perform in conformity with this Agreement to the extent such failure results from an event of Force Majeure which is beyond the reasonable control of the party affected thereby, which wholly or partially prevents the supply, transportation, sale, delivery, injection, storage, withdrawal or redelivery of Gas.
15.2 Events of Force Majeure shall include, by way of illustration, but not limitation those enumerated in Section 15, Original Sheets No.47, No.48 and No.49 of the General Terms and Conditions.
15.3 Immediately upon becoming aware of the occurrence of an event of Force Majeure, the Party affected shall give notice thereof to the other party, describing such event and stating the specific obligations, the performance of which are, or are expected to be, delayed or prevented, and (either in the original or in supplemental notices) stating the estimated period during which performance may be suspended or reduced, including, to the extent known or ascertainable, the estimated extent of such reduction of performance. Such notice of an event of Force Majeure is to be first given by telephone communication, and then shall be confirmed in writing within five (5) days, giving particulars available to the reporting party, and being supplemented if necessary within twenty (20) days to give full particulars.
15.4 The Party relying upon an event of Force Majeure shall act prudently and use all reasonable efforts to eliminate the effects of Force Majeure as soon as reasonably practicable, provided that the settlement of strikes and lockouts shall be entirely within the discretion of the party affected.
15.5 No suspension or reduction of performance by reason of an event of Force Majeure shall invalidate this Agreement, and upon removal of the Force Majeure, performance shall resume in this Agreement as soon as practicable.
15.6 Transporter appoints Shipper as its sole and exclusive agent for sales of gas transportation services to retail customers in Roanoke Gas' Virginia territory for the life of this Agreement. Transporter recognizes that Transporter's system is located within Shipper's certificated gas distribution territory in the Commonwealth of Virginia (Shipper's Virginia territory) and intends to honor all of Shipper's rights and privileges associated with said territory in accordance with Virginia statute and/or regulation during the term of th...
