Obligations of the Party invoking a Force Majeure Event Sample Clauses

Obligations of the Party invoking a Force Majeure Event. The Party that invokes an event or circumstance referred to in this Article must inform the other Party as soon as possible by phone or any other means agreed between the Parties, and shall provide confirmation thereof by sending a Notice of Force Majeure by email. Acting as a Prudent and Reasonable Operator, the Party concerned shall take all measures to minimise the impact of the event or circumstance in question and shall endeavour to have normal performance of the Contract resume as soon as possible. During the period in which its obligations are interrupted, it shall inform the other Party of the impact of the event or circumstance in question on the fulfilment of its contractual obligations, the date on which this impact shall cease, the measures the Party is taking and plans to take in order to minimise this impact, the progress of said measures, and the estimated time needed before normal performance of the Contract can resume. In accordance with its legal and regulatory obligations at the time the event or circumstance in question occurs, the Operator shall pass on the effects to all Shippers in a non-discriminatory manner. The reasonable means that the Operator shall be required to use under this Article only include those at its disposal in its capacity as Operator, excluding the use of gas storage or purchasing services.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Obligations of the Party invoking a Force Majeure Event. The Party that invokes a Force Majeure Event must inform the other Party thereof as soon as possible by telephone, fax or any other means agreed between the Parties, and shall provide confirmation thereof by sending a Notice of Force Majeure by letter. The notice of Force Majeure must specify: o the description of the event or circumstance invoked, o the date of the Day when the event or circumstance invoked occurred, o for the Operator, the foreseeable consequences for its contractual obligations (Reception, Send-Out), o for the Shipper, the Daily Send-Out that it will have been prevented from collecting due to the Force Majeure Event. Acting as a Prudent and Reasonable Operator, the Party concerned shall take all measures to minimise the effects of the Force Majeure Event and shall endeavour to ensure normal resumption of fulfilment of the Contract as soon as possible. During the period in which its obligations are interrupted, it shall inform the other Party of the effects of the situation or circumstance in question on the fulfilment of its contractual obligations, the date when these effects cease, the measures that it is taking and plans to take in order to minimise them, the progress of the implementation of these measures and the time estimated for resumption of normal fulfilment of the Contract. In compliance with its legal and regulatory obligations at the time of occurrence of the situation or circumstance referred to, the Operator shall pass on the effects to all users of the Terminal in a non-discriminatory manner. The reasonable means that the Operator shall be required to implement under this article only include those at its disposal in its capacity as Operator, with the exception of recourse to gas storage or purchasing services.
Sample 1Sample 2Sample 3See All (4)

Related to Obligations of the Party invoking a Force Majeure Event

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11:

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • H7 Force Majeure H7.1 Neither Party, shall be liable to the other Party for any delay in performing, or failure to perform, its obligations under the Contract (other than a payment of money) to the extent that such delay or failure is a result of Force Majeure. Notwithstanding the foregoing, each Party shall use all reasonable endeavours to continue to perform its obligations under the Contract for the duration of such Force Majeure. However, if such Force Majeure prevents either Party from performing its material obligations under the Contract for a period in excess of six (6) Months, either Party may terminate the Contract with immediate effect by notice in writing.

  • F orce Majeure CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within thirty-six (36) hours of the start of the delay and CONTRACTOR avails himself of any available remedies.

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • No Default for Force Majeure Neither Party will be in default in the performance of any of its obligations set forth in this Agreement, except for obligations to pay money, when and to the extent failure of performance is caused by Force Majeure.

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular (and not less than monthly) reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure Event.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!