Nature of Relief. (a) Subject to clause 19.2, a party is excused from performance of, and is not liable for any failure in carrying out any of its obligations under this document, to the extent that it is prevented from doing so by a Force Majeure Event.
(b) The affected obligation is suspended from the date the notice is given under clause 19.3(a)(i) until the affected party is able, making reasonable efforts, to perform the affected obligation (Suspension Period).
Nature of Relief. Subject to this clause 15, a Party’s obligations under this Agreement shall be exonerated to the extent that they are affected (in whole or in part) by the occurrence of an event of Force Majeure.
Nature of Relief. The Buyer or the Sellers (as the case may be) shall, subject to Article 16.4 and Article 16.5, be relieved from the duty to perform any obligation or undertaking under this Agreement and from any liability resulting from failing to perform such obligation or undertaking, in whole or in part, as follows:
16.3.1 In the case of the Sellers, to the extent that by reason of Force Majeure, any Seller:
(a) fails to deliver the applicable Seller’s Percentage of the quantities of Specification Gas Properly Nominated for delivery under this Agreement;
(b) fails to perform any of its other obligations under this Agreement, other than obligations to pay money; or
(c) is otherwise in breach of any covenant under this Agreement.
16.3.2 In the case of the Buyer, to the extent that by reason of Force Majeure, the Buyer:
(a) fails to take delivery of Specification Gas Properly Nominated for delivery and properly tendered for delivery under this Agreement;
(b) fails to perform any of its other obligations under this Agreement; other than obligations to pay money; or
(c) is otherwise in breach of any covenant under this Agreement.
16.3.3 In the event that either the Buyer or the Sellers shall exercise their respective rights (pursuant to Article 23.1) to perform any obligations under this Agreement by procuring that such obligations are performed by a third party, then the Buyer or the Sellers (as the case may be) shall only be entitled to be relieved from the duty to perform obligations or undertakings under this Agreement and from any liability resulting from failing to perform such obligation or undertaking, in whole or in part, for reasons of Force Majeure to the extent that they acted as a Reasonable and Prudent Operator in appointing such third party and such third party would have been so entitled to such relief if such third party had been the Buyer or the Sellers (as the case may be) under this Agreement. For the avoidance of doubt, any Force Majeure event relating to the Yam-Tethys Facilities, shall constitute a Force Majeure event under this Agreement provided that the occurrence in relation to the Yam-Tethys Facilities would have entitled the Yam-Tethys Partners to such relief if the Yam-Tethys Partners had been the Sellers under this Agreement.
Nature of Relief. (a) Subject to clauses 13.1(b) and 13.1(c), a Party’s obligations under this Agreement shall be suspended to the extent that they are affected (in whole or in part) by the occurrence of an event of Force Majeure.
(b) The affected Party must continue to perform all of its obligations under this Agreement to the extent that such obligations are not affected by the event of Force Majeure.
(c) No event of Force Majeure affecting a Party shall relieve, suspend, or otherwise excuse such Party from performing any obligation to indemnify, reimburse, hold harmless or otherwise pay the other Party under this Agreement.
Nature of Relief. Subject to clause 19.2, a party is excused from performance of, and is not liable for any failure in carrying out any of its obligations under this Agreement, to the extent that it is prevented from doing so by a Force Majeure Event.
Nature of Relief. (a) Subject to clause 5.1(b), a Party’s obligations under this Agreement shall be suspended to the extent that they are affected (in whole or in part) by the occurrence of an event of Force Majeure.
Nature of Relief. If the Settlement Agreement is accepted and approved by the District Court, the Plaintiff Class will be certified pursuant to Rule 23(b)(2), FRCP. This Agreement shall be deemed to extend to all claims of the individual named Plaintiffs, and to the injunctive and declaratory claims of the Plaintiff Class. As of the effective date of the Agreement, all damages claims of the individual named Plaintiffs shall be dismissed with prejudice. This Agreement has no impact on or prejudicial effect as to damages claims of unnamed individual class members. However, the applicable statutes of limitation on any such damages claims shall not be deemed to have been tolled while this lawsuit and/or appeal have been pending. None of the provisions of this Agreement shall be construed in such a manner as to require any Defendant, or any agency, officer or official of the State of Arizona, to engage in any conduct that violates the United States or Arizona Constitutions, or any federal or state law. Any provision of this Agreement which is in conflict with the United States or Arizona Constitutions or any federal or state law is null and void and shall have no effect. Such invalidity of one or more provisions of the Agreement shall not affect the remaining provisions or the enforceability thereof. In the event any provision of this Agreement is determined to be in conflict with the United States or Arizona Constitutions or any federal or state law, the parties’ representatives will promptly convene to draft alternative language that carries out the original intent of the Agreement, if it is possible to do so in a manner that conforms with existing law.
Nature of Relief. The Buyer or the Sellers (as the case may be) shall, subject to Article 16.5 and Article 16.6, be relieved from liability under this Agreement as follows:
Nature of Relief. The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
(A) the column 1 general rate of duty im- posed under the HTS on like articles at the time the import relief is provided; or
(B) the column 1 general rate of duty im- posed under the HTS on like articles on the day before the date on which the Agreement enters into force. (Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.) TERMINATION OF SECTION EFFECTIVE AND TERMINATION DATES Section effective on the date the Dominican Repub- lic-Central America-United States Free Trade Agree- ment enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
Nature of Relief
