FORCEMAJEURE Sample Clauses
FORCEMAJEURE. Neither Party shall be liable for any delay/inability to carry out any of the obligations under the Agreement resulting or caused by any reason due to any hardware breakdown, acts of God, riots, strikes, lock-out, war, enactments, statutes, ordinance, legislation, court orders, directions of any local or civic body or statutory authorities, or any catastrophes, such as fire, earthquakes, floods or famine or incidents beyond the control of either Party. In the event any force majeure prevails for continuous for 30 (thirty) days, the affected Party shall forthwith send a notice to the other Party and upon receipt of the said notice, the Parties shall promptly consult and decide how to respond to such force majeure condition, including, without limitation whether to terminate this Agreement or waive such performance, based on the degree to which the force majeure condition shall have influenced the performance of this Agreement.
FORCEMAJEURE. 6.4.1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract Is prevented by reason of force majeure. The term ''force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions-Intervention-acts; or failures or refusals to act by govemment authority; and other similar occurrences beyond the control ofthe party declaring force majeure which such party is unable to prevent by exercising reasonable diligence.
6.4.2. Force Majeure shall not include the following occurrences:
6.4.2.1. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or
FORCEMAJEURE. Neither Party is liable for failing to perform an obligation under this Agreement if such failure is due to any act or condition beyond that Party’s reasonable control.
FORCEMAJEURE. 6.1 No liability shall result to either party from delay in performance or from nonperformance caused by an Act of God, or event beyond the control of a party, including an act or omission of government, act or omission of civil or military authority, act of a public enemy, war, blockade, insurrection, riot, epidemic, landslide, earthquake, fire, storm, lightning, flood, washout or civil disturbance which could not have been avoided through the exercise of reasonable care, procedure, and diligence.
FORCEMAJEURE. Notwithstanding any other provision herein to the contrary, either party shall be excused from performance hereunder for failure to perform any of the obligations if (i) such failure to perform occurs by reason of any of the following events (“Force Majeure Events”): act of God, fire, flood, storm, earthquake, tidal wave, communications failure, sabotage, war, military operation, terrorist attack, national emergency, mechanical or electrical breakdown, general failure of the postal or banking system, civil commotion, strikes, or the order, requisition, request or recommendation of any governmental agency or acting governmental authority, or either party’s compliance therewith or government proration, regulation, or priority, or any other similar cause beyond either party’s reasonable control and (ii) such Force Majeure Event is beyond such party’s reasonable control. The party excused from performance shall be excused from performance (i) only after notice from the party whose performance is impaired, (ii) only during the continuance of the Force Majeure Event and (iii) only for so long as such party continues to take reasonable steps to mitigate the effect of the Force Majeure Event and to substantially perform despite the occurrence of the Force Majeure Event. The party whose performance is not impaired may terminate this Agreement upon five (5) consecutive days’ notice during any tax season or upon thirty (30) consecutive days’ notice at any other time, effective immediately upon written notice to such party.
FORCEMAJEURE a) If, at any time, during the currency of this Contract, the performance in whole or in part, by either party, or any obligation under this Contract, is prevented or delayed by reason(s) of war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods explosions, epidemic, quarantine restrictions, Acts of State or other Acts of God, hereinafter referred to as eventualities, then, provided notice of the happenings of any such eventuality is given by either party to the other, within 15 days from the date of occurrence thereof , neither party shall by reason of such eventuality be entitled to terminate this Contract, nor shall either party have any claim for damages against the other, in respect of such non-performance or delay in performance and work under this Contract shall resume as soon as practicable but within 15 days after such eventuality has come to an end or ceased to exist and the decision of the Company as to whether the work has to be resumed shall be final and conclusive.
b) The Notice of declaration of Force Majeure must be supported by the Certificate of relevant Railway / Port Authority/Chamber of Commerce/Government or Quasi Government body. If the said certificate is not available, the Affected Party must provide a certificate signed by the Affected Party’s Company Secretary and one of the Directors on the Board of the Affected Company. In addition, the Affected Party shall also intimate the cessation of such Force Majeure. The said intimation of cessation of Force Majeure shall be accompanied by a certificate, from the authorities as stated hereinabove.
c) In case one or both parties are prevented from fulfilling their contractual obligations by state of Force Majeure lasting continuously for a period of three months, the parties may consult each other regarding further continuation of the Contract.
FORCEMAJEURE. The fulfilment of accepted orders is contingent on accidents, fires, strikes, or other causes beyond the Company's control.
FORCEMAJEURE. 19.1 The Company may, in its reasonable opinion, determine that a Force Majeure Event exists, in which case the Company will, in due course, take reasonable steps to inform the Client. A Force Majeure Event includes without limitation: 公司可合理判断存在不可抗力事件，在这种情况下，公司将在适当时候采取合理措施通知客户。不可抗力事件包括但不限于：
(a) any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorism, war, act of God, accident, fire, flood, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions, lock-outs) which, in the Company’s reasonable opinion, prevents the Company from maintaining an orderly market in one or more of the Instruments; 公司合理认为会阻碍公司维护一项或多项金融工具的市场秩序的任何行为、事件或现象 （包括但不限于任何罢工、暴乱或内乱、恐怖主义、战争、天灾、 意外事故、火灾、洪水、风暴、供电中断、电子、通信设备或供应商故障、民众动乱、法律规定、封锁） ；
(b) the suspension, liquidation or closure of any market or the abandonment or failure of any event to which the Company relates its Quotes, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; or 任何市场被暂停、清算或关闭， 或与公司报价相关的任何事件被中止或失败，或对任何此类市场或任何此类事件的交易施加了限制或特殊或不寻常的条款；或
(c) Abnormal Market Conditions. 异常市场状况。
19.2 If the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other of its rights under the Operative Agreements) the Company may without prior Written Notice and at any time take any of the following steps: 如公司合理认为存在不可抗力事件（在不损害任何其他根据有效协议享有的权利的原则下），则可在不事先书面通知的情况下采取以下任何措施：
(a) increase margin requirements; or 增加保证金要求； 或
(b) close out any or all Open Positions at such prices as the Company considers in good faith to be appropriate; or 以公司善意认为合适的价格将任何或全部持仓头寸予以平仓；或
(c) suspend or freeze or modify the application of any or all terms of the Operative Agreements to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with them; or 暂停、冻结或修改有效协议中任何或所有条款的应用，但仅限于该等不可抗力事件使公司无法或不能履行该等条款的范围内；或
(d) take or omit to take all such other actions as the Company deems to be reasonably appropriate in the circumstances with regard to the position of the Company, the Client and other clients. 就公司，客户和其他客户的状况，采取或不采取公司认为合理适当的所有其他措施。
FORCEMAJEURE. (unforeseen circumstances that prevent some one for fulfilling the contract)
8.1 121 Business Finance shall not be in breach of this Agreement, nor be liable for any failure or delay in the performance of any other obligations under this Agreement arising from or attributable to acts, events, omissions, accidents beyond its reasonable control, including but not limited to any of the following:
a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
c) terrorist attack, civil war, civil commotions or riots;
d) nuclear, chemical or biological contamination or sonic boom;
e) fire, explosion or accidental damage;
f) collapse of building structures, failure of plant machinery, machinery, computers or vehicles; g) interruption or failure of utility service, including but not limited to electric power, gas or water;
h) any labour disputes, including but not limited to strikes, industrial action or lockouts;
i) any interruption to the 121 Platform or Services outside the reasonable control of121 Business Finance ;and/or
j) acts of any government or authority.
8.2 In the event that any such delay or non- performance continues for a period in excess of 30 calendar days, 121 Business Finance shall have the right to terminate this Agreement by giving the Customer seven (7) Business Days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.
FORCEMAJEURE. 27.1 A force majeure event includes without limitation any natural, political, governmental, economic, social, technological acts that may be outside the control of the Company, which prevent the Company from maintaining an orderly operation of business.
27.2 The Company may, in its reasonable opinion, determine that a force majeure event occurred, in which case the Company will take all reasonable steps to inform the Customer.
27.3 If the Company determines that a force majeure event exists, without prejudice to any other rights of the Customer under the Service Agreement, the Company without prior written notice may:
(a) Increase margin requirements;
(b) Decrease leverages;
(c) Request amendments to any closed positions;
(d) Increase spreads;
(e) Close out any open positions at such prices that the Company considers in good faith and appropriate;
(f) Suspend or modify or freeze the provision of investment and/or ancillary services to the Customer;
(g) Amend any or all of the content of the Service Agreement on the basis that it is impossible or impractical for the Company to comply with it.
27.4 Under the provisions of this Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure event.