Common use of of this Agreement Clause in Contracts

of this Agreement. If no request for the final payment is received within this time limit, DZS shall not contribute to the financing of any expenditure incurred by the Beneficiary up to the date of the termination of the Agreement, and the Beneficiary shall repay any amount of pre-financing granted by DZS, which is not justified by a final report requested and approved by DZS. By way of exception, at the end of the period of notice referred to in Art. 13.3 of this Agreement, where DZS is terminating the Agreement because the Beneficiary has failed to produce the final report within the deadline stipulated in Art. 5.3 of this Agreement and the Beneficiary has still not complied with this obligation within the grace period following the written reminder sent by DZS, DZS shall not pay the expenditures incurred by the Beneficiary by the date of the completion of the project and shall recover the whole amount of the granted pre-financing. Force majeure" shall mean any unforeseeable exceptional situation or event beyond the parties' control, which prevents either of them from fulfilling any of their obligations under the Agreement, which was not attributable to error or negligence on their part and which proves to be inevitable in spite of exercising all due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of force majeure, as well as labour disputes, strikes or financial difficulties cannot be invoked as force majeure.

of this Agreement. If no request for the final payment is received within this time limit, DZS shall not contribute to the financing of any expenditure incurred by the Beneficiary up to the date of the termination of the Agreement, and the Beneficiary shall repay any amount of pre-financing granted by DZS, which is not justified by a final report requested and approved by DZS. By way of exception, at the end of the period of notice referred to in Art. 13.3 of this Agreement, where DZS is terminating the Agreement because the Beneficiary has failed to produce the final report within the deadline stipulated in Art. 5.3 5.2 of this Agreement and the Beneficiary has still not complied with this obligation within the grace period following the written reminder sent by DZS, DZS shall not pay the expenditures incurred by the Beneficiary by the date of the completion of the project and shall recover the whole amount of the granted pre-financing. Force majeure" shall mean any unforeseeable exceptional situation or event beyond the parties' control, which prevents either of them from fulfilling any of their obligations under the Agreement, which was not attributable to error or negligence on their part and which proves to be inevitable in spite of exercising all due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of force majeure, as well as labour disputes, strikes or financial difficulties cannot be invoked as force majeure.