MAJEURE. 26.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event.
26.2 On the occurrence of a Force Majeure Event, the Affected Partner shall notify the other Partner as soon as practicable. Such notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Partner and any action proposed to mitigate its effect.
26.3 As soon as practicable, following notification as detailed in Clause 26.2, the Partners shall consult with each other in good faith and use all best endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and, subject to Clause 26.4, facilitate the continued performance of the Agreement.
26.4 If the Force Majeure Event continues for a period of more than sixty (60) days, either Partner shall have the right to terminate the Agreement by giving fourteen (14) days written notice of termination to the other Partner. For the avoidance of doubt, no compensation shall be payable by either Partner as a direct consequence of this Agreement being terminated in accordance with this Clause.
MAJEURE. Tug Interests shall not be responsible or liable for any expense, loss, damage or claim whatsoever caused by or resulting from delays, failures or omission hereunder in the performance of services due to strikes, lockouts, labor disturbances, riots, fire, earthquakes, storms, lightning, pandemics, epidemics, war, disorders, acts of God, acts of the public enemy, port congestion, mechanical breakdowns, shortage of Tugs, priorities in service, pilot requests, unusual tidal conditions or any other cause whatever beyond their control.
MAJEURE. 25.1 Neither Party shall have any claim against the other Party arising from any failure or delay in the performance of any obligation of either Party under this Agreement caused by an act of force majeure such as acts of God, fire, flood, war, lockout, government action, laws or regulations, terrorism or civil disturbance, defaults or other circumstances or factors beyond the reasonable control of either Party, and to the extent that the performance of obligations of either Party hereunder is delayed by virtue of the aforegoing, any period stipulated for any such performance shall be reasonably extended. Transnet may however rely on strikes, industrial dispute and riots as a ground of force majeure.
25.2 Each Party will take all reasonable steps by whatever lawful means that are available to resume full performance as soon as practicable and will seek agreement to modification of the relevant provisions of this Agreement in order to accommodate the new circumstances caused by the act of force majeure. If a Party fails to agree with such modifications proposed by the other Party within 90 [ninety] calendar days of the act of force majeure first occurring, either Party may thereafter terminate this Agreement with immediate notice.
MAJEURE. A party is not liable for failure to perform the party’s obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, decrees of a court, tribunal or governmental authority, government sanction, blockage, embargo, labor dispute, strike, or lockout. If a party asserts any force majeure as an excuse for failure to perform, such non-performing party must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events and that the other Party was timely notified of the likelihood or actual occurrence of a force majeure event. In the event of non-performance and/or termination pursuant to this Section 8.16, notwithstanding any other provision of this Agreement, the Xxxxxxx Money shall be returned to the Operating Partnership in full.
MAJEURE. A party shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control. Means any ○ fire, flood, earthquake or natural phenomena, ○ war, embargo, riot, civil disorder, rebellion, revolution which is beyond the Provider's control, or any other causes beyond the Provider's control
MAJEURE. Tug Interests shall not be responsible or liable for any expense, loss, damage or claim whatsoever caused by or resulting from delays, failures or omission hereunder in the performance of services due to strikes, lockouts, labor disturbances, riots, fire, earthquakes, storms, lightning, pandemics, epidemics, war, disorders, acts of God, acts of the public enemy, port congestion, mechanical breakdowns, shortage of Tugs, priorities in service, pilot requests, unusual tidal conditions or any other cause whatever beyond their control.
5 DAMAGE CLAIM TIME LIMITS AND FORUM
a) OWNERS shall notify XXXXX of any damage to the Vessel allegedly attributable to Tug Interests. Such notice shall be in writing and shall be delivered as soon as practicable, but not later than forty-eight (48) hours following occurrence. XXXXX shall be afforded an opportunity to inspect or survey such damage before the Vessel leaves port. Any action in any forum to recover damages from Tug Interests, or any of them, shall be commenced within one year after the occurrence giving rise to the claim, failing which said claim shall be deemed waived.
b) This Schedule shall be governed by and construed in accordance with the Maritime Law of the United States and, to the extent not in conflict therewith, by the laws of the state of New York, excluding its conflict of laws rules. The parties agree that any proceeding involving this Schedule or the Services performed hereunder shall be brought in the United States District Court for the Southern District of New York or, if said court shall not have jurisdiction thereof, then in a state court of competent jurisdiction sitting in New York County, New York. TUG INTERESTS AND OWNERS IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING IN WHOLE OR IN PART OUT OF THE TERMS AND CONDITIONS OF THIS CONTRACT OR THE PROVISION OF SERVICES HEREUNDER.
6 LIMITATION OF LIABILITY
a) The furnishing of any service or anything done by XXXXX in connection therewith shall not be construed to be or to give rise to a personal contract, and it is understood that Tug Interests, shall have the benefit of all exemptions from, and limitations of, liability to which an owner of a vessel is entitled under the Limitation of Liability Statutes of the United States. XXXXX WARRANTS THE EXERCISE OF REASONABLE CARE IN THE PERFORMANCE OF SERVICES BUT DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF WORKMANLIKE SERVICE.
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MAJEURE. An event of force majeure (“
MAJEURE. 17.1 Neither Party shall be liable for any delay or failure to perform all or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out of the failure to perform its obligations to the extent that such failure or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Event.
17.2 Where a Party is (or claims to be) affected by a Force Majeure Event it shall use reasonable endeavours to mitigate the consequences of such a Force Majeure Event upon the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicable.
17.3 If either Party is prevented or delayed in the performance of its obligations under these Terms and Conditions by a Force Majeure Event, that Party shall as soon as reasonably practicable serve notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations.
17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligations.
17.5 The Party claiming relief shall notify the other in writing as soon as the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed.
17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the other.
17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.
MAJEURE. Manager shall not be deemed to be in violation hereunder for failure to perform any obligation contained in this Agreement or for any incomplete performance hereunder for the time of and to the extent that such failure or incomplete performance is occasioned by any cause or causes beyond the control of Manager, including, but not limited to, delays or failure in performance or non-performance or interruption of services resulting directly or indirectly from acts of God, Acts of War (including Terrorist activities), civil disorders, vandalism, fires, floods, weather, electrical failures, postal delays, inability to procure materials, sabotage, restrictive governmental laws or regulations, labor actions or shortages, criminal activity of third parties, loss of internet connectivity or incomplete or inaccurate data input as supplied by RGH.
MAJEURE. 16.1 What happens if there is an event of force majeure?
(a) this Contract will not end, but BCEC Management and Xxxxx will be released from further performance of their obligations under this Contract from the time when the event of force majeure happens;
(b) BCEC Management will be entitled to retain from any deposit, advance payment or other money paid by Xxxxx to BCEC Management the amount of any costs, charges or expenses actually incurred by BCEC Management before the event of force majeure happens, less any amount recovered by BCEC Management on account of successful insurance claims;
(c) BCEC Management and Owner will not be liable to Hirer for any loss or damage, either direct or consequential, which may be suffered or incurred by Xxxxx.
16.2 What is an event of force majeure?
(a) war (whether declared or undeclared), revolution, act of public enemies or acts of terrorism;
(b) riot, blockade, insurrection or civil commotion;
(c) strike, lockout, stoppage, ban or limitation on work, restraint of labour or other industrial dispute;
(d) act of God;
(e) epidemic or disease;
(f) fire, flood, earthquake, storm or cyclone;
(g) malicious damage, smoke or explosion;
(h) sabotage, bomb threat or other threats of violence;
(i) act or restraint of any governmental or semi- governmental or other public or statutory authority;
(j) judgments, rulings, decisions or enforcement actions of any court or tribunal having jurisdiction;
(k) breakdown of any facilities or machinery or unavailability of essential equipment, supplies or services;
(l) cessation of or interruption to water or electricity supply;
(m) any other cause or event not reasonably within the control of BCEC Management or Owner, which may affect in whole or in part the hiring and/or obligations and/or liabilities of either party to this agreement.
16.3 Exception for self induced events
