Non-Performance Due to Force Majeure. Any delays in or failure of performance by either Party, except in respect of the obligation of payments under this Contract, due to Force Majeure shall not constitute an Event of Default. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Party claiming Force Majeure shall, to the extent practical, exercise due diligence to prevent, eliminate, or overcome such Force Majeure event and resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, either Party may terminate this Contract immediately upon written notification to the other Party. Upon such termination, the terminating Party shall be responsible for Early Termination Damages, which shall be due and payable in accordance with Section 6.05 below.
Non-Performance Due to Force Majeure. 1. Definition
Non-Performance Due to Force Majeure. Non-performance by either XL or the Supplier of any of its obligations under this agreement must be excused during the time and to the extent that performance is prevented, wholly or in part, by a Force Majeure Event.
Non-Performance Due to Force Majeure. (b) a Default Quantity shall be deemed to arise by reason of "Buyer's Default" if it arises because the Buyer failed, in respect of the relevant Time Unit and Individual Contract, to comply with its obligations under § 4.1 (Delivery and Acceptance) or the Default Quantity is attributable to the Buyer pursuant to § 6.7 (Seller and Buyer Risks) unless, in each case, the Buyer is relieved from liability on the grounds of Force Majeure in accordance with § 7 (Non-Performance Due to Force Majeure);
Non-Performance Due to Force Majeure of the General Agreement shall apply but with the deletion of the words:
Non-Performance Due to Force Majeure. Neither Party shall be liable to the other Party for any delay or non-performance of its obligations, except for monetary obligations (including compliance with Service Level obligations) under this Agreement or any applicable SOWs, to the Force Majeure Event including but not limited to acts of God, war, riots, embargoes, civil commotions or sabotage, acts of civil or military authorities, national or state emergencies or other governmental action / restrictions imposed , (including but not limited to a lockdown, shutdown, curfew or red alert) prohibiting or impeding any Party from performing its respective obligations under the Agreement, acts of terrorism, fire, explosions or other catastrophes, floods, earthquakes other severe weather, pestilence, epidemics/pandemics, strikes, lockouts, cyberattacks or any other similar cause or situation, subject to the affected Party:
Non-Performance Due to Force Majeure. If the performance of any of the obligations set out in this Agreement by any one of the parties is interrupted or prejudiced by: i fire, explosion, collapse, strike, lockout, labor dispute, failure or lack of transport, fortuitous or accidental, as well as, floods, failure or lack of manpower or raw material; or ii war, revolution, civil war, public calamity; or the party affected will be free of responsibility for not fulfilling its obligation to the extent of the impediment it has suffered, provided that the other party is promptly notified. AS WITNESS the hands and seats of the duly authorized representatives of the parties hereto as of the day and year first above written. TASTY FRIES, INC. By: /S/ ----------------------------- Xxxx X. Xxxx Chairman of the Board By:/S/ ----------------------------- Xxxxxx Xxxxx, President XXXXXX XXXXXX REPRESENTACOES INTERNACIONAIS LTDA. By:/S/ ----------------------------- Xxxxxx Xxxxxx Managing Quotaholder SCHEDULE A TERRITORY: Brazil PRICE: $250,000.00 DOWN PAYMENT: $100,000.00 BALANCE $150,000.00 To maintain Distributorship, Distributor must sell a minimum of two hundred fifty (250) machines per year. This minimum begins on the Effective Date. Any and all payments made to TFRY, Inc. are payable in U.S. Dollars only. Payments will be issued by bank wire or certified cashiers' checks only. An additional Five Hundred ($500.00) Dollars will be added to the cost of each machine sold into the Territory for the first three hundred (300) machines. This will reduce the cost of the Territory accordingly. DISTRIBUTORSHIP AGREEMENT This Agreememt made this 4th day of April, 1995 BETWEEN: TASTY FRIES, INC. 000 Xxxxxx Xxxxxxx, Xxxxx Xxx Xxxx Xxxx, PA, U.S.A. 19422 (hereinafter referred to as "TFI") AND : CANADIAN TASTY FRIES, INC. #0 Xxxx Xxx Xxxxx Xxxxxx, Xxxxx #000 Xxxxxxxxx, XX, X.X.X. 00000 (hereinafter referred to as "Distributor")
Non-Performance Due to Force Majeure. (a) If the performance of any of the obligations set out in this Agreement by any one of the Parties is interrupted or prejudiced by: _______ Initial
Non-Performance Due to Force Majeure. (b) a Default Quantity shall be deemed to arise by reason of "Buyer's Default" if it arises because the Buyer failed, in respect of the relevant Time Unit and Individual Contract, to comply with its Така сума збільшується на суму будь-яких додаткових витрат на транспортування та інших обґрунтованих витрат та таких, що піддаються перевірці, які були понесені Продавцем по відношенню до Непоставленого Обсягу або придбання такого замінного обсягу.
Non-Performance Due to Force Majeure. (i) under the Agreement; provided, that in the case of a failure to pay, such failure is not cured within two (2) Business Days of a written demand, or, in the case of any other failure of performance (not covered by sub-paragraphs (ii) or (iii) Договору), і повідомляє її іншій Стороні.
