Meaning of Force Majeure Event. (a) A Force Majeure Event means any event or circumstance, or combination of events and circumstances that: (i) are not within the reasonable control of the Affected Party; (ii) could not reasonably have been prevented, mitigated or avoided by the exercise of due diligence or Good Engineering and Operating Practice; and (iii) cause or result in failure or delay in the performance by the Affected Party of any of its obligations under the Contract. (b) Subject to meeting the qualifications in clause 12.1(a), a Force Majeure Event includes the following: (i) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, cyclones, tidal waves, landslides, adverse weather conditions, fires and any natural disaster; (ii) acts of war (declared or undeclared), acts of public enemies, riots, malicious damage, sabotage, blockade, revolution, riot, insurrection, civil commotion and epidemic; (iii) acts or omissions (whether legislative, executive or administrative) of any Government Agency; (iv) inability to obtain or delay in obtaining any necessary Authorisation after making due application; and (v) strikes, lockouts or other labour difficulties other than a strike, lockout or labour difficulty which is specific to the party claiming Force Majeure.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Meaning of Force Majeure Event. (a) A Force Majeure Event means any event or circumstance, or combination of events and circumstances that:
(i) are not within the reasonable control of the Affected Party;
(ii) could not reasonably have been prevented, mitigated or avoided by the exercise of due diligence or Good Engineering and Operating Practice; and
(iii) cause or result in failure or delay in the performance by the Affected Party of any of its obligations under the Contract.
(b) Subject to meeting the qualifications in clause 12.1(a17.1(a), a Force Majeure Event includes the following:
(i) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, cyclones, tidal waves, landslides, adverse weather conditions, fires and any natural disaster;
(ii) acts of war (declared or undeclared), acts of public enemies, riots, malicious damage, sabotage, blockade, revolution, riot, insurrection, civil commotion and epidemic;
(iii) acts or omissions (whether legislative, executive or administrative) of any Government Agency;
(iv) inability to obtain or delay in obtaining any necessary Authorisation after making due application; and
(v) strikes, lockouts or other labour difficulties other than a strike, lockout or labour difficulty which is specific to the party claiming Force Majeure.
Appears in 2 contracts
Samples: Supply of Goods Agreement, Supply of Goods Agreement
Meaning of Force Majeure Event. (a) A Force Majeure Event means any event or circumstance, or combination of events and circumstances that:
(i) are not within the reasonable control of the Affected Party;
(ii) could not reasonably have been prevented, mitigated or avoided by the exercise of due diligence or Good Engineering and Operating Practice; and
(iii) cause or result in failure or delay in the performance by the Affected Party of any of its obligations under the Contract.
(b) Subject to meeting the qualifications in clause 12.1(a14.1(a), a Force Majeure Event includes the following:
(i) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, cyclones, tidal waves, landslides, adverse weather conditions, fires and any natural disaster;
(ii) acts of war (declared or undeclared), acts of public enemies, riots, malicious damage, sabotage, blockade, revolution, riot, insurrection, civil commotion and epidemic;
(iii) acts or omissions (whether legislative, executive or administrative) of any Government Agency;
(iv) inability to obtain or delay in obtaining any necessary Authorisation after making due application; and
(v) strikes, lockouts or other labour difficulties other than a strike, lockout or labour difficulty which is specific to the party claiming Force Majeure.
Appears in 1 contract
Samples: Supply of Services Agreement