Frustration Sample Clauses

Frustration. The Landlord and the Tenant agree that notwithstanding the occurrence or existence of any event or circumstance or the non-occurrence of any event or circumstance and so often and for as long as the same may occur or continue which, but for this paragraph, would frustrate or void this Lease, the obligations and liabilities of the Tenant hereunder shall continue in full force and effect as if such event or circumstance had not occurred or existed.

Frustration. Neither Purchaser nor the Shareholders may rely on the failure of any condition set forth in this Section 8 to be satisfied if such failure was caused by such party's failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration. Subject to Clause 5.4 in the event of the repair, rebuilding or reinstatement of the Property being frustrated by any reason beyond the control of the Landlord the Leaseholder will surrender to the Landlord this Lease in consideration of the Landlord paying to the Leaseholder a sum equal to the Acquired Percentage of any insurance monies received by the Landlord in respect of the Property.‌

Frustration i) The Contract will be liable to frustration where an event takes place outside either party’s control which makes the Contract either impossible to perform or substantially different from what was envisaged. An example of this would be (but would not be exclusive to) the illness or death of a keynote speaker. In the event of the Contract becoming frustrated both parties will be excused from their obligations under the Contract save for the payment of the deposit which will be retained by the College to cover administration costs up to that point.

Frustration. Notwithstanding the occurrence or existence of any event or ----------- circumstance or the non-occurrence of any event or circumstance and so often and for as long as the same may occur or continue which, but for this paragraph, would frustrate or void this Lease, the obligations and liabilities of the parties hereunder shall continue in full force and effect as if such event or circumstance had not occurred or existed.

Frustration. Unless the parties otherwise agree in writing the Missives will remain in full force and effect notwithstanding any damage to or destruction of the Premises which may occur prior to the Date of Entry.

Frustration. The Landlord and the Tenant agree that notwithstanding the occurrence or existence of any event or circumstance or the non-occurrence of any event or circumstance and so often and for so long as the same may occur or continue which, but for this Section, would frustrate or void this lease, and notwithstanding any statutory provision to the contrary, the obligations and liabilities of the Tenant hereunder shall continue in full force and effect as if such event or circumstance had not occurred or existed.

Frustration. Notwithstanding the occurrence or existence of any event or circumstance or the non-occurrence of any event or circumstance and so often and for as long as the same may occur or continue which, but for this Section 19.19, would frustrate or render voidable this Lease as against the Tenant, the obligations and liabilities of the Tenant hereunder shall continue in full force and effect as if such event or circumstance had not occurred or existed.

Frustration. If this agreement as a whole or substantially the whole of section 3 (grid security services), section 4 (smelter demand response) or sections 5 and 6 (contract for difference payment and consumption value rebate) becomes or would, but for this clause, become impossible of performance or frustrated such that it would be discharged at common law (or any statute that codifies or replaces that common law), then unless this agreement expressly sets out a particular consequence as a result of the occurrence of the relevant event or circumstance, either party may, by notice to the other, require the parties to enter into negotiations to agree amendments to this agreement to ensure that the relative benefits of and burdens on each party arising out of this agreement are preserved as they were prior to occurrence of the impossibility or frustration. Any failure to agree amendments may be resolved as a Dispute under section 20 (dispute resolution).

Frustration. In the event of this EPC Contract being frustrated whether by Force Majeure or by any other supervening event which may occur independently of the will of the parties, Owner shall pay to Contractor in so far as such items have not already been covered by interim payments made to Contractor, for all Work executed prior to the date of termination at the prices and rates provided in this EPC Contract and in addition: (a) the sums payable in respect of preliminary items in so far as the Work or service comprised therein has been carried out or performed and a proper proportion as certified by the Owner's Representative of all such items; and (b) the cost of plant, goods and materials reasonably ordered for the Work which shall have been delivered to Contractor or of which Contractor is legally liable to accept delivery, such plant, goods and materials becoming the property of Owner upon such payment being made by Owner.