No Liability for Force Majeure. Without limiting the generality of Section 8.3, neither Party shall be under any liability for failure to fulfill any obligation under this MSA or a Service Schedule, so long as and to the extent to which the fulfillment of such obligation is prevented, frustrated, hindered, or delayed as a consequence of circumstances of Force Majeure; provided that (i) such Party shall have used commercially reasonable efforts to minimize to the extent practicable the effect of Force Majeure on its obligations hereunder and (ii) nothing in this Section 14.2 shall be construed to require the settlement of any strike, walkout, lockout or other labor dispute on terms which, in the reasonable judgment of the affected Party, are contrary to its interests. It is understood that the settlement of a strike, walkout, lockout or other labor dispute will be entirely within the discretion of the affected Party. The Party affected by the Force Majeure event shall notify the other Party of that fact as soon as practicable.
No Liability for Force Majeure. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent such failure or delay is caused by or results from causes that are beyond the reasonable control of the affected Party and that could not have been avoided by the exercise of reasonable diligence, provided, however, that the Party so affected shall use commercially reasonable and diligent efforts to avoid or remove or mitigate such causes of non-performance, and shall continue performance with reasonable dispatch wherever such causes are removed. In the event of a force majeure effecting either party’s performance, that party will allocate materials, personnel and resources equitably among all of Orion, USL and Orion’s other customers and commitments.
No Liability for Force Majeure. No Party shall be in breach of its obligations or liable to any other Party for breach of this Settlement Agreement as a result of a failure to perform if said performance is made impracticable due to an event of Force Majeure. The term “
No Liability for Force Majeure. Neither Party will be liable to the other Party for any breach of this AES Agreement to the extent it is directly or indirectly caused by an event or circumstance of Force Majeure, which is addressed in clause 20 (Force Majeure).
No Liability for Force Majeure. No Party shall be liable to any other Party for breach of this Agreement as a result of a failure to perform or for delay in performance of any provision of this Agreement if, based on evidence provided by the non-performing Party to the other Parties, such performance is delayed or prevented by Force Majeure. In the event of an enforcement action, the non-performing Party bears the burden of proving by a preponderance of the evidence the existence of Force Majeure, including the absence of negligence. The term “Force Majeure” means any cause reasonably beyond the performing Party’s control, which could not be avoided with the exercise of due care, and which occurs without the fault or negligence of the Party whose performance is affected by the Force Majeure. Force Majeure events may be unforeseen, foreseen, foreseeable, or unforeseeable, including without limitation natural events; labor or civil disruption; breakdown or failure of Project works not caused by failure to properly design, construct, operate, or maintain; new regulations or laws that are applicable to the Project; orders of any court or agency having jurisdiction over the Party’s actions; delay in a FERC order becoming final; or delay in issuance of any required permit. Ecology is reviewing the use of Force Majeure in future agreements and this provision should not be viewed as precedent for other future agreements.
No Liability for Force Majeure. Empired will not be liable for any delay or failure to perform its obligations under this Agreement if such failure or delay is due (whether partially or wholly) to Force Majeure.
No Liability for Force Majeure. Neither Party shall be liable for any breach of this Agreement directly or indirectly caused by Force Majeure.
No Liability for Force Majeure. Solving Problems will not be liable for any delay or failure to perform its obligations under this Agreement if such failure or delay is due (whether partially or wholly) to Force Majeure.
No Liability for Force Majeure. No Agent shall incur any liability for failing to perform any act or failing to fulfill any duty, obligation or responsibility hereunder by reason of any occurrence beyond the control of any Agent (including but not limited to any act or provision of any present or future law or regulation of any Governmental Authority, any act of God or war, civil unrest, local or national disturbance or disaster, any act of terrorism, or the unavailability of the Federal Reserve Bank wire or facsimile or other wire or communication facility).
No Liability for Force Majeure. The Glue will not be liable for any delay or failure to perform its obligations under the Agreement if such failure or delay is due (whether partially or wholly) to Force Majeure.
