Common use of Outbreak of War Clause in Contracts

Outbreak of War. If, during the currency of the Contract, there is an outbreak of war, whether war is declared or not, in any part of the world which, whether financially or otherwise, materially affects the execution of the Works, the Contractor shall, unless and until the Contract is terminated under the provisions of this Clause, continue to use his best endeavours to complete the execution of the Works. Provided that the Employer shall be entitled, at any time after such outbreak of war, to terminate the Contract by giving notice to the Contractor and, upon such notice being given, the Contract shall, except as to the rights of the parties under this Clause and Clause 16.3, terminate, but without prejudice to the rights of either party in respect of any antecedent breach thereof.

Appears in 2 contracts

Samples: Tender Agreement, Tender for Procurement

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Outbreak of War. If, during the currency of the Contract, there is shall be an outbreak of war, whether war is declared or not, in any part of the world which, whether financially or otherwise, materially affects the execution of the Worksworks, the Contractor contractor shall, unless and until the Contract contract is terminated under the provisions of this Clauseclause, continue to use his best endeavours endeavors to complete the execution of the Works. Provided always that the Employer shall be entitled, entitled at any time after such outbreak of war, war to terminate the Contract by giving written notice to the Contractor and, upon such notice being given, the Contract shall, given this contract shall except as to the rights of the parties under this Clause and to the operation of Clause 16.367 hereof, terminate, but without prejudice to the rights of either party in respect of any antecedent breach thereof.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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Outbreak of War. If, during the currency performance of the Contract, there is shall be an outbreak of war, whether war is declared or not, in any part of the world whichthat, whether financially or otherwise, materially affects the execution of the Works, the Contractor shall, unless and until the Contract is terminated under the provisions of this Clause, continue to use his its best endeavours endeavors to complete the execution of the Works. Provided ; provided always that the Employer Owner shall be entitled, entitled at any time after such outbreak of war, war to terminate the Contract by giving written notice to the Contractor and, upon such notice being given, the this Contract shall, except as to the rights of the parties under this Clause and to the operation of Clause 16.328 below, terminate, but without prejudice to the rights of either party in respect of any antecedent breach thereof.

Appears in 1 contract

Samples: Construction Contract (Fabrinet)

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