TERM; FORCE MAJEURE Sample Clauses

TERM; FORCE MAJEURE. CANCELLATION 6 3.1 Basic Term 6 3.2 Force Majeure 6 3.3 Extension of Term Due to Moratoria 7 3.4 Cancellation by Mutual Consent 7 ARTICLE IV — DEVELOPMENT OF THE PROPERTY 7 4.1 Vested Development Rights 7 4.2 Subsequent Approvals 8 4.3 Sequence of Development 8 4.4 Permitted Uses 9 ARTICLE V — OWNER PROMISES 9 5.1 Construction of the Parking Garage and Existing R&D Tenant Relocations 9 5.2 Demolition of Portion of Cannery and Completion of Retail/Display and Outdoor Seating Area 10 5.3 Recordation of Final Map and Dedication of BMR/Parkland Dedication Parcel 10 5.4 Environmental Conditions 10 5.5 Switch Building. 11 5.6 Development of Townhomes and Audi Building. 11 5.7 Transportation Demand Management Program 11 5.8 Payment of Fees 11 ARTICLE VI — CITY PROMISES 12 6.1 Processing of Subsequent Approvals 12 6.2 Acceptance of BMR/Parkland Dedication Parcel 12 ARTICLE VII - EXCEPTIONS AND EXCLUSIONS 13 7.1 Subsequent Applicable Rules 13 7.2 Supervening Rules of Other Governmental Agencies 13 7.3 Building Codes 14 7.4 Utility Services 14 7.5 No General Limitation of Future Exercise of Power 14 7.6 Alternative Approvals 14 ARTICLE VIII - ANNUAL REVIEW 14 8.1 Annual Review 15 ARTICLE IX DEFAULT, REMEDIES, TERMINATION 15 9.1 Remedies for Breach 15 9.2 Notice of Breach 15 9.3 Applicable Law 16 ARTICLE X —AMENDMENTS 16 10.1 Modification Because of Conflict with State or Federal Laws 16 10.2 Amendment by Mutual Consent 16 10.3 City Costs for Review 16 10.4 Minor Amendments 17 10.5 Amendment of Approvals 17 ARTICLE XI — COOPERATION AND IMPLEMENTATION 18 11.1 Cooperation 18 11.2 City Processing 18 11.3 Other Governmental Permits 18 ARTICLE XII — TRANSFERS AND ASSIGNMENTS 19 12.1 Transfers and Assignments 19 12.2 Covenants Run with the Land 19 ARTICLE XIII — MORTGAGE PROTECTION; CERTAIN RIGHTS OF CURE 19 13.1 Mortgage Protection 19 13.2 Mortgagee Not Obligated 20 13.3 Notice of Default to Mortgagee 20 ARTICLE XIV — GENERAL PROVISIONS 20 14.1 Project is a Private Undertaking 20 14.2 Notices, Demands, and Communications between the Parties 20 14.3 Severability 21 14.4 Section Headings 21 14.5 Entire Agreement 21 14.6 Estoppel Certificate 21 14.7 Statement of Intention 22 14.8 Indemnification and Hold Harmless 22 14.9 Recordation 22 14.10 No Waiver of Police Powers or Rights 23 14.11 City Representations and Warranties 23 14.12 Owner Representations and Warranties 23 14.13 Counterparts 24 14.14 Waivers 24 14.15 Time is of the Essence 24 14.16 Venue 24 14.17 Surviving Prov...
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TERM; FORCE MAJEURE. This Agreement shall remain in full force and effect for a period of twenty four
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Related to TERM; FORCE MAJEURE

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Force Majeure Event After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:— (1) the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction is prevented from performing any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, from receiving a payment or delivery in respect of such Transaction or from complying with any other material provision of this Agreement relating to such Transaction (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such Office so to perform, receive or comply (or it would be impossible or impracticable for such Office so to perform, receive or comply if such payment, delivery or compliance were required on that day); or (2) such party or any Credit Support Provider of such party (which will be the Affected Party) is prevented from performing any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, from receiving a payment or delivery under such Credit Support Document or from complying with any other material provision of such Credit Support Document (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply (or it would be impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply if such payment, delivery or compliance were required on that day), so long as the force majeure or act of state is beyond the control of such Office, such party or such Credit Support Provider, as appropriate, and such Office, party or Credit Support Provider could not, after using all reasonable efforts (which will not require such party or Credit Support Provider to incur a loss, other than immaterial, incidental expenses), overcome such prevention, impossibility or impracticability;

  • Termination for Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • Duration of Force Majeure An Interconnection Party shall not be responsible, or considered to be in Breach or Default under this Interconnection Service Agreement, for any non-performance, any interruption or failure of service, deficiency in the quality or quantity of service, or any other failure to perform any obligation hereunder to the extent that such failure or deficiency is due to Force Majeure. An Interconnection Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Interconnection Party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing Interconnection Party is able to resume performance of its obligations excused because of the occurrence of Force Majeure, such Interconnection Party shall resume performance and give prompt notice thereof to the other parties.

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that, such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure. 11.5.2 The Affected Party shall give notice to the other Party of (i) the cessation of the relevant event of Force Majeure; and (ii) the cessation of the effects of such event of Force Majeure on the performance of its rights or obligations/ roles under this Agreement, as soon as practicable after becoming aware of each of these cessations.

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event. 24.2 On the occurrence of a Force Majeure Event, the Affected Partner shall notify the other Partner as soon as practicable. Such notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Partner and any action proposed to mitigate its effect. 24.3 As soon as practicable, following notification as detailed in Clause 24.2, the Partners shall consult with each other in good faith and use all best endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and, subject to Clause 24.4, facilitate the continued performance of the Agreement. 24.4 If the Force Majeure Event continues for a period of more than sixty (60) days, either Partner shall have the right to terminate the Agreement by giving fourteen (14) days written notice of termination to the other Partner. For the avoidance of doubt, no compensation shall be payable by either Partner as a direct consequence of this Agreement being terminated in accordance with this Clause.

  • Notice of Force Majeure Event 14.2.1. As soon as practicable and in any case within 3 days of the date of occurrence of a Force Majeure Event or the date of knowledge thereof, the Party which is rendered wholly or partially unable to perform any of its obligations under this Agreement because of a Force Majeure Event (the “Affected Party”) shall notify the other party of the same, setting out, inter alia, the following in reasonable detail: a) The nature and extent of the Force Majeure Event ; b) The estimated period for which the Force Majeure Event is expected to last; c) The nature of and the extent to which, performance of any of its obligations under this Agreement is affected by the Force Majeure Event; d) The measures which the Affected Party has taken or proposes to take to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations affected thereby; and e) Any other relevant information concerning the Force Majeure Event, and /or the rights and obligations of the Parties under this Agreement.

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