Obligations Suspended. Neither party will be liable to the other party for any failure to perform its obligations under this Agreement (other than the Service Provider’s obligation to pay the Charges for Services already provided) during the time and to the extent that such performance is prevented by reason of a Force Majeure Event.
Obligations Suspended. Where either of us are unable, wholly or in part, by reason of a Force Majeure Event, to carry out any obligation under this Agreement and:
13.1.1 that party gives the other party immediate written notice of the nature and expected duration of, and the obligation affected by, the Force Majeure Event; and
13.1.2 that party uses all reasonable endeavours to:
12.1.2.1 mitigate the effects of the Force Majeure Event on that party’s obligations under this Agreement; and
12.1.2.2 perform that party’s obligations under this Agreement despite the Force Majeure Event, then that obligation is suspended so far as it is affected by the Force Majeure Event during its continuance.
Obligations Suspended. If the parties fail to meet their ----------------------- respective obligations hereunder within the time prescribed, and such failure is caused or materially contributed to by force majeure such failure shall be deemed not to be a breach of the obligations of such party but such party shall use its best efforts to put itself in a position to carry out its obligations hereunder and the time for performance of obligations hereunder shall be extended for the length of time that the force majeure continues. For the purposes of this Commissioning and Training Agreement, force majeure shall mean any act of God, strike, lock-out or other industrial disturbance, sabotage, or blockades, insurrections, riots, epidemics, lightning, earthquakes, floods, storms, fires, washouts, nuclear and radiation activity or fallout, arrests and restraints of rules and people, civil disturbances, explosion, breakage or accident to machinery or stoppage thereof for necessary maintenance or repairs, inability to obtain labor, enumerated or otherwise not within the control of such party, and which by the exercise of due diligence such party could not have prevented. Lack of funds on the part of such party or parties shall be deemed not to be a force majeure.
Obligations Suspended. Except for the Customer's obligation to pay the Service Charge determined in accordance with clauses 7.1(a) and 7.2 and as otherwise provided in this Agreement, the obligations of either party under this Agreement will be suspended to the extent that party is wholly precluded from complying with its obligations under this Agreement by an Overriding Event.
Obligations Suspended. BUYER's obligation to purchase or receive Product, or SELLER's obligation to sell or deliver Product, shall be suspended to the extent performance is prevented by an event or act of force majeure for any period in which such event or act exists as to the party claiming force majeure; and so long as such party is exercising its good faith efforts to overcome such force majeure event. However, nothing in this Article excuses BUYER from its obligation to make payments of money due SELLER for Product already delivered to BUYER.
Obligations Suspended. BUYER's obligation to purchase or receive Product, or SELLER's obligation to sell or Deliver Product, shall be suspended to the extent performance is prevented by an event or act of Force Majeure for any period in which such event or act exists as to the party claiming Force Majeure; and so long as such party is exercising its good faith efforts to overcome such Force Majeure event. However, nothing in this Article X excuses BUYER from its obligation to make payments of money due SELLER for Product already Delivered to BUYER.
Obligations Suspended. If a party becomes unable wholly or in part by reason of the occurrence of an event of Force Majeure to carry out any of its duties or obligations under this agreement:
(a) it must promptly give the other party written notice of:
(i) the occurrence of the event of Force Majeure and as many details concerning it as are then known;
(ii) so far as can be estimated, the probable extent to which it will be unable to perform or will be delayed in performing the duty or obligation;
(b) the relevant duty or obligation, so far as it is affected by the event of Force Majeure, will be suspended during the continuance of the event of Force Majeure; and
(c) the party affected by the event of Force Majeure must use all reasonable efforts to overcome or remove that event as quickly as possible.
Obligations Suspended. If the Manager or the Authority is unable by reason of Force Majeure (as herein defined) to carry out any obligation under this Agreement, such obligation shall be suspended only so far as it is physically affected by such Force Majeure during the continuance thereof. The party unable to perform shall give the other party prompt notice of such Force Majeure with reasonably full particulars thereof and, insofar as is known, the probable extent to which it will be unable to perform or be delayed in performing such obligation. The party unable to perform shall use all possible diligence to remove such Force Majeure as quickly as possible.
Obligations Suspended.
(a) To the extent that the Intervening Event prevents Project Co from performing the Services in accordance with this Agreement:
(i) the obligation to perform such Services will be suspended; and
(ii) the failure to perform such suspended obligations will not be a breach of this Agreement by Project Co, an Event of Default or an Immediate Termination Event, but only until the Intervening Event ceases to prevent performance of the relevant obligation, or would have ceased to prevent performance had Project Co complied with Clause 29.2(d).
(b) Nothing in this Clause 29.3 entitles Project Co to any relief from its obligations in accordance with this Agreement which are not affected by the Intervening Event.
Obligations Suspended. If a delay or failure of a party to perform its obligations is caused by Force Majeure, the performance of that party’s obligations will be suspended. The party unable to fulfill its obligations due to Force Majeure shall immediately: notify the other party in writing of the reasons for its failure to fulfill its obligations and the effect of such failure use all reasonable endeavours to avoid or remove the cause and perform its obligations as soon as possible. Obligations to be resumed: Performance of any obligation affected by Force Majeure must be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure.
