Meaning of Force Majeure. In this Agreement, "
Meaning of Force Majeure. As used herein, the term “Force Majeure” shall mean acts of God; strikes, lockouts or other industrial disturbances; acts of a public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, crevasses, subsidences, floods, washouts; arrests and restraints of the government, necessity for compliance with any court order, Law promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; shutdowns for purposes of necessary repairs; relocation or construction of facilities; breakage or accident to machinery or lines of pipe; the necessity for testing (as required by governmental authority or as deemed necessary by the testing Party for the safe operation thereof), the necessity of making repairs or alterations to machinery or lines of pipe; failure of surface equipment or pipelines; accidents, breakdowns, inability of either Party to obtain necessary material, supplies, permits or labor to perform or comply with any obligation or condition under this Agreement, or rights of way; and any other causes, whether of the kind herein enumerated or otherwise, which are not reasonably in the control of the Party claiming suspension.
Meaning of Force Majeure. The term “
Meaning of Force Majeure. In this clause 17 “
Meaning of Force Majeure. In this Agreement, "Force Majeure" means any event, circumstances, or combination of events or circumstances beyond the reasonable control of a Party that materially and adversely affects the performance by that Party of its obligations or the enjoyment by that Party of its rights under or pursuant to this Agreement, provided that such material and adverse effect has not occurred due to the failure of Developer or Utility to design, finance, construct, own, operate or maintain the Project, Interconnection Facilities or the Utility’s Grid as required by this Agreement and in accordance with Good Utility Practice. Without limiting the generality of the foregoing, and conditioned on performance of the requirements of Paragraph 11.1.3, "Force Majeure" shall expressly include the following categories of events and circumstances, to the extent that the events or circumstances satisfy the definitional requirements.
Meaning of Force Majeure. 1.1 In this Agreement, "Force Majeure" means: any event or circumstance or combination of events or circumstances:
Meaning of Force Majeure. As used herein, the term “Force Majeure” shall mean (i) acts of God, fires, floods or storms; (ii) compliance with orders of courts or Governmental Authorities; (iii) explosions, wars, terrorist acts or riots; (iv) inability to obtain or unavoidable delays in obtaining material or equipment; (v) accidental disruption of service; (vi) events or circumstances similar to the foregoing (including inability to obtain or unavoidable delays in obtaining material or equipment and disruption of service provided by third parties); (vii) strikes, lockouts or other industrial disturbances; and (viii) breakdown of refinery facilities, machinery, storage tanks or pipelines, however in all such cases, in order to qualify as Force Majeure the event must meet all of the following criteria: (a) prevent the claiming Party from performing its obligations under this Agreement, (b) be beyond the claiming Party’s reasonable control, (c) does not result from the negligence or willful misconduct of the claiming Party or any of its Affiliates, and (d) was not preventable by the claiming Party’s reasonable diligence.
Meaning of Force Majeure. The expression Force Majeure means any event or circumstance which is beyond the control of the party that is claiming relief in relation to it (acting and having acted as a Reasonable and Prudent Operator) resulting in or causing the failure of that party to perform any obligation under this Agreement, which failure could not have been prevented or overcome by the exercise by that party of the standard of a Reasonable and Prudent Operator.
Meaning of Force Majeure. (a) In this agreement, Force Majeure means any event not within the control of the Affected Party and which by the exercise of due diligence, the Affected Party is not reasonably able to prevent or overcome, and which prevents the Affected Party from complying with its obligations under this agreement, or which prohibits or materially inhibits the Company conducting its usual mining or milling operations.
(b) Force Majeure includes but is not limited to:
i. acts of God, including epidemics, landslides, earthquakes, cyclones, and unusually severe weather;
ii. strikes, labour disputes or other industrial disturbances;
iii. acts of the enemy including wars, blockades or insurrections;
iv. acts of terrorism;
v. riots and civil disturbance;
vi. Laws of any Government Agency not resulting from any wrongful act or omission of the affected party; and
vii. refusal or delay in obtaining any necessary consents or approvals from any Government Agency, provided that the affected party has acted in a competent and timely manner in endeavouring to secure same.
Meaning of Force Majeure. In this Agreement, "Force Majeure" refers to any of the following that is beyond the reasonable control of the Party/Parties claiming force majeure which, through the exercise of due foresight and good industry practice, the Party/Parties could not have avoided, did not contribute to or participate in, and which, even by exercise of due diligence, the Party/Parties is unable to overcome, thus preventing the party from carrying out its obligations or from enjoying its rights under this Agreement due to the impossibility of delivering the goods and services, or the imminent harm that such events, in the absence of safeguards and protocols, may bring upon its employees, agents or the general public in the performance of its obligations under this Agreement.
6.1.1 Acts of God Acts of God, should only be considered as force majeure sufficient to terminate the contract if—
(a) The event or calamity is of the degree or intensity that continued operation of the parties would lead to death or injury of the parties’ employees or agents;
(b) The event or calamity is of the degree or intensity that the continued operation of the parties would be of great hazard to the security and safety of the public.
