Common use of OBSTACLES TO PERFORMANCE Clause in Contracts

OBSTACLES TO PERFORMANCE. Neither Seller nor Buyer shall be liable for any prevention or delay in its performance resulting, in whole or in part, directly or indirectly, from any cause beyond its reasonable control. Such causes may include acts of God, war, fire, freeze, hurricane, tornado, windstorm, strike, labor dispute, embargo, quarantine, governmental restrictions on shipping and movement of fruit, inability to obtain transportation, and inability to obtain labor. In the event Seller is unable to pick and remove fruit due to circumstances beyond its control, Buyer shall have the option to do so, and have the right of access, and charge Seller for such service at Buyer’s cost plus a reasonable service fee. Whenever Buyer has the option to pick and remove fruit and is delayed in so doing by circumstances beyond its control, Buyer shall have a reasonable amount of additional time to pick and remove the fruit and the option to release the harvesting responsibilities back to the Seller without further recourse. In the event of a natural calamity (including but not limited to freeze, drought, flood or storm), other sellers under agreement with Buyer may make demands on Buyer for fruit harvesting and/or processing that exceed Buyer’s capabilities. In such event, Seller understands and agrees that Buyer shall allocate harvesting, deliveries and processing capacity, in its sole discretion, in a reasonable manner. Such allocation shall not constitute an inability or refusal by Buyer to perform, or a breach of this Contract.

OBSTACLES TO PERFORMANCE. Neither Seller nor Buyer shall be liable for any prevention or delay in its performance resulting, in whole or in part, directly or indirectly, from any cause beyond its reasonable control. Such causes may include acts of God, war, fire, freeze, hurricane, tornado, windstorm, strike, labor dispute, embargo, quarantine, governmental restrictions on shipping and movement of fruit, inability to obtain transportation, and inability to obtain labor. In the event Seller is unable to pick and remove fruit due to circumstances beyond its control, Buyer shall have the option to do so, and have the right of access, and charge Seller for such service at Buyer’s cost plus a reasonable service fee. Whenever Buyer has the option to pick and remove fruit and is delayed in so doing by circumstances beyond its control, Buyer shall have a reasonable amount of additional time to pick and remove the fruit and the option to release the harvesting responsibilities back to the Seller without further recourse. In the event of a natural calamity (including but not limited to freeze, drought, flood or storm), other sellers under agreement with Buyer may make demands on Buyer for fruit harvesting and/or processing that exceed Buyer’s capabilities. In such event, Seller understands and agrees that Buyer shall allocate harvesting, deliveries and processing capacity, in its sole discretion, in a reasonable manner. Such allocation allocations shall not constitute an inability or refusal by Buyer to perform, or a breach of this Contract.