Common use of Obligations Suspended Clause in Contracts

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.

Appears in 1 contract

Samples: Commissioning and Training Agreement (Planet Earth Recycling Inc)

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Obligations Suspended. If the parties shall fail to meet their ----------------------- respective obligations hereunder within the time prescribed, and such failure is shall be 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 laborlabour, materials or equipment, any legislative, administrative or judicial action which has been resisted in good faith by all reasonable means, any act, omission or event whether of the kind herein 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 , but lack of funds on the part of such party or parties shall be deemed not to be a force majeure) such failure shall be deemed not to be a breach of the obligations of such party but such party shall use best efforts to put itself in a position to carry out its obligation hereunder and the time for performance of obligations hereunder shall be extended for the length of time that the force majeure shall have continued.

Appears in 1 contract

Samples: Licence Agreement (Planet Earth Recycling Inc)

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.

Appears in 1 contract

Samples: Commissioning and Training Agreement (Planet Earth Recycling Inc)

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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.

Appears in 1 contract

Samples: Master Services Agreement (Planet Earth Recycling Inc)

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