Common use of Termination for Force Majeure Event Clause in Contracts

Termination for Force Majeure Event. (a) If the occurrence of a Force Majeure Event frustrates or renders impossible for a continuous period of more than 180 days the performance by the Province or Project Co of its respective obligations with respect to all or a material portion of the Project or the Project Work, as the case may be, so as to frustrate the overall purpose and intent of the Project, then either the Province or Project Co may at any time, provided that such frustration is then continuing, terminate this Agreement by notice to the other party having immediate effect, subject to Sections 8.1(b) and 14.5 [Notice of Intention to Terminate and Dispute], provided that, if Project Co exercises such right to terminate, the Province may, by notice to Project Co reject such termination of this Agreement by Project Co and upon such rejection by the Province: (i) the parties, insofar as they are able to do so, will continue to perform their respective obligations under this Agreement in accordance with the provisions of this Agreement; (ii) without prejudice to the other relief available to the parties in respect of such Force Majeure Event pursuant to Section 8.5 [Parties’ Entitlements Upon Occurrence of a Force Majeure Event], Project Co shall, for so long as the effects of the relevant Force Majeure Event continue, be compensated in accordance with Section 8.3(b), but only in respect of the Direct Losses incurred by Project Co as a result of the Force Majeure Event as and from the date of the exercise by Project Co of its termination right; and (iii) the Province may at any time thereafter, provided that such frustration is then continuing, terminate this Agreement by notice to Project Co having immediate effect, subject to Section 14.5 [Notice of Intention to Terminate and Dispute]. (b) If this Agreement is terminated by either the Province or Project Co pursuant to Section 8.6(a), compensation on termination shall be payable in accordance with Part 2 [Compensation on Non-Default Termination] of Schedule 13.

Termination for Force Majeure Event. (a) If the occurrence there is a delay or interruption of performance by Amdocs resulting from its experiencing a Force Majeure Event frustrates or renders impossible for exceeds [*****] (the “Force Majeure Period”), then Clearwire may, at its option, either: (i) terminate this Agreement, by delivering to Amdocs a continuous period of more Termination Notice specifying a Termination Date not less than 180 days [*****] after the performance by the Province or Project Co of its respective obligations with respect to all or a material portion date of the Project or Termination Notice; and in the Project Workevent of such a termination, as the case may be, so as to frustrate the overall purpose and intent of the Project, then either the Province or Project Co may at Amdocs shall perform any time, provided that such frustration is then continuing, terminate this Agreement by notice to the other party having immediate effect, subject to Sections 8.1(b) and 14.5 [Notice of Intention to Terminate and Dispute], mutually agreed upon Disentanglement Obligations hereunder until they are fulfilled; provided that, if Project Co exercises during the pendency of the Force Majeure Event, Amdocs shall perform any mutually agreed upon Disentanglement Obligations to the extent such right to terminate, obligations can be performed despite the Province may, by notice to Project Co reject such termination of this Agreement by Project Co and upon such rejection by the Province: (i) the parties, insofar as they are able to do so, will continue to perform their respective obligations under this Agreement in accordance with the provisions of this Agreement; Force Majeure Event; or (ii) without prejudice engage an alternate provider (who shall be subject to the other relief available to the parties in respect of such Force Majeure Event pursuant to Section 8.5 [Parties’ Entitlements Upon Occurrence of a Force Majeure Event], Project Co shall, for so long as the effects of the relevant Force Majeure Event continue, be compensated in accordance with Section 8.3(bconfidentiality requirements hereunder), but only in respect of on an interim basis, to perform the Direct Losses incurred by Project Co Services that Amdocs is unable to perform as a result of the Force Majeure Event until such time as Amdocs is able again to perform the Services in accordance with the terms hereof. Clearwire shall not be required to pay Amdocs any exit fee or other termination fees if Clearwire terminates this Agreement on the basis of a Force Majeure Event. If Clearwire delivers a Termination Notice to Amdocs as described in clause (i) above, and from Amdocs is able to restore full performance of its obligations under this Agreement within [*****] after the date of the exercise by Project Co Termination Notice, then Clearwire shall revoke such Termination Notice. For the avoidance of doubt, the Parties expressly agree that if as a result of a Force Majeure Event, Amdocs activates its termination right; and (iii) Disaster Recovery Plan, so long as Amdocs performs its obligations under the Province Disaster Recovery Plan Clearwire may at any time thereafter, provided that such frustration is then continuing, not terminate this Agreement by notice to Project Co having immediate effect, subject to under this Section 14.5 [Notice of Intention to Terminate and Dispute]6.2.2. (b) If this Agreement is terminated by either the Province or Project Co pursuant to Section 8.6(a), compensation on termination shall be payable in accordance with Part 2 [Compensation on Non-Default Termination] of Schedule 13.

Termination for Force Majeure Event. (a) If the occurrence a delay or interruption of performance by Amdocs resulting from its experiencing a Force Majeure Event frustrates or renders impossible for exceeds [**] days (the “Force Majeure Period”), then Sprint may either: (i) terminate the Term, by delivering to Amdocs a continuous period of more Termination Notice specifying a Termination Date not less than 180 [**] days after the performance by the Province or Project Co of its respective obligations with respect to all or a material portion date of the Project or Termination Notice; and in the Project Workevent of such a termination, as the case may be, so as to frustrate the overall purpose and intent of the Project, then either the Province or Project Co may at any time, provided that such frustration is then continuing, terminate this Agreement by notice to the other party having immediate effect, subject to Sections 8.1(b) and 14.5 [Notice of Intention to Terminate and Dispute], Amdocs will perform its Disentanglement obligations hereunder until they are fulfilled; provided that, if Project Co exercises during the pendency of the Force Majeure Event, Amdocs will only perform its Disentanglement obligations to the extent such right to terminate, obligations can be performed despite the Province may, by notice to Project Co reject such termination of this Agreement by Project Co and upon such rejection by the Province: (i) the parties, insofar as they are able to do so, will continue to perform their respective obligations under this Agreement in accordance with the provisions of this Agreement; Force Majeure Event; or (ii) without prejudice engage an alternate provider (who will be subject to the other relief available to the parties in respect of such Force Majeure Event pursuant to Section 8.5 [Parties’ Entitlements Upon Occurrence of a Force Majeure Event], Project Co shall, for so long as the effects of the relevant Force Majeure Event continue, be compensated in accordance with Section 8.3(bconfidentiality requirements hereunder), but only in respect of on an interim basis, to perform the Direct Losses incurred by Project Co Services that Amdocs is unable to perform as a result of the Force Majeure Event until such time as Amdocs is able again to perform the Services in accordance with the terms hereof. [**] if Sprint terminates the Term on the basis of a Force Majeure Event. If Sprint delivers a Termination Notice to Amdocs as described in clause (i) above, and from Amdocs is able to restore full performance of its obligations under this Agreement within [**] days after the date of the exercise by Project Co of its termination right; and (iii) the Province may at any time thereafterTermination Notice, provided that then Sprint will revoke such frustration is then continuing, terminate this Agreement by notice to Project Co having immediate effect, subject to Section 14.5 [Notice of Intention to Terminate and Dispute]Termination Notice. (b) If this Agreement For the avoidance of doubt, the Parties expressly agree that: (i) in the event that the Force Majeure Event constitutes a “Disaster,” Amdocs will not be deemed to be failing to perform the Services if Amdocs is terminated by either the Province or Project Co pursuant to Section 8.6(a), compensation on termination shall be payable performing disaster recovery services in accordance with Part 2 [Compensation the Disaster Recovery Plan; and (ii) Sprint will have a right to terminate the Agreement under this Section 6.2.3 (Termination for Force Majeure Event), whether or not Amdocs is so performing disaster recovery services in accordance with the Disaster Recovery SPRINT/UNITED MANAGEMENT COMPANY AND AMDOCS CUSTOMER CARE AND BILLING SERVICES AGREEMENT - 29 - CONFIDENTIAL Plan, in the event that due to the Force Majeure Event, Amdocs is unable to perform the Services as they would be required to be performed under this Agreement in the absence of the occurrence of the Force Majeure Event and in accordance with the CPSs (subject to any applicable Grace Period under Schedule C (Creditable Performance Specifications (CPSs)). In addition, in the event of termination for Force Majeure Event by Sprint as aforesaid, Sprint will provide Amdocs with a Termination Statement signed by Sprint in the form of Exhibit B (Form of Statement by Sprint Regarding Termination) attached hereto and Amdocs may present this statement to Third Parties and use it in any way it deems fit. The Parties agree that Sprint’s provision to Amdocs of a Termination Statement hereunder will not be construed to imply that Sprint does not believe that Amdocs has committed any Default or breach hereunder (independent of the failure that is caused by the Force Majeure Event), or to prohibit or restrict Sprint’s right to make any claim that Amdocs has committed any Default or breach hereunder (independent of the failure that is caused by the Force Majeure Event), and notwithstanding the provision of such Termination Statement, Sprint will have all remedies available to it in accordance with Section 10.2 (Remedies) hereof with respect to any failure or breach by Amdocs in the performance of its obligations hereunder, subject to the provisions of this Agreement, including any limitations on Non-Default Termination] of Schedule 13damages contained in this Agreement.

Termination for Force Majeure Event. (a) If the occurrence of a Force Majeure Event frustrates or renders impossible for a continuous period of more than 180 days the performance by the Province or Project Co of its respective obligations occurs with respect to all Service Recipient and such Force Majeure Event substantially prevents, inhibits and/or frustrates Service Recipient’s ability to receive the Services from Provider under circumstances when Provider is otherwise able to provide the Services to Service Recipient and such Force Majeure Event continues for 7 (seven) consecutive days or more, or for 10 (ten) non-consecutive days or more during any 30 (thirty) day period, then Service Recipient shall have the right to terminate the Services affected by the Force Majeure Event by delivering to Provider a material portion Termination Notice specifying the Termination Date; provided, however, that Provider shall remain obligated to perform its Disengagement obligations hereunder until such obligations have been fulfilled. During such Disengagement Period, Service Recipient shall remain obligated to pay the Fees in respect of the Project or the Project Work, as the case may be, so as Services which it continues to frustrate the overall purpose receive and intent of the Project, then either the Province or Project Co may at any time, provided that such frustration is then continuing, terminate this Agreement by notice other fees to the other party having immediate effect, subject to Sections 8.1(b) and 14.5 [Notice of Intention to Terminate and Dispute], provided that, if Project Co exercises such right to terminate, the Province may, by notice to Project Co reject such termination of this Agreement by Project Co and upon such rejection by the Province: (i) the parties, insofar as they are able to do so, will continue to perform their respective obligations under this Agreement Provider in accordance with the provisions terms of this Agreement; Agreement until such Services are terminated in accordance with this clause. Any termination pursuant to this clause shall not constitute a termination for convenience or for cause, and Service Recipient shall in no event be required to pay a Termination Fee to Provider with respect to any such termination. If a Force Majeure Event substantially prevents, hinders or delays Provider's performance of all or any portion of the Services in the case of a non-mission critical service, for a period of 7 (iiseven) without prejudice to consecutive days or more, or for 10 (ten) non-consecutive days or more during any 30 (thirty) day period or in the other relief available to the parties in respect case of a mission critical service, such Force Majeure Event pursuant to Section 8.5 [Parties’ Entitlements Upon Occurrence of a Force Majeure Event]continues for more than 3 (three) consecutive days, Project Co shallthereby causing an adverse impact on Service Recipient’s business operations, for so long as the effects of the relevant Force Majeure Event continue, be compensated in accordance with Section 8.3(b), but only in respect of the Direct Losses incurred by Project Co as a result of the Force Majeure Event as and from the date of the exercise by Project Co of its termination right; and (iii) the Province may at any time thereafter, provided that such frustration is then continuing, terminate this Agreement by notice to Project Co having immediate effect, subject to Section 14.5 [Notice of Intention to Terminate and Dispute]. (b) If this Agreement is terminated by either the Province or Project Co pursuant to Section 8.6(a), compensation on termination shall be payable in accordance with Part 2 [Compensation on Non-Default Termination] of Schedule 13.then: