Termination on Force Majeure. If a Force Majeure Event materially impacts the Altia Service(s) and continues for a period of 30 Business Days or more, then the Customer may, by written notice to Altia, Terminate the Agreement by providing seven Business Days’ notice of Termination.
Termination on Force Majeure. 22.2.1. No party shall be entitled to bring a claim for a breach of obligations under this Contract by the other party or incur any liability to the other party for any losses or damages incurred by that other party to the extent that a Force Majeure Event occurs and the party affected by the Force Majeure Event is prevented from carrying out obligations under this Contract by that Force Majeure Event.
22.2.2. On the occurrence of a Force Majeure Event, the Affected Party shall notify the other party as soon as practicable. The notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Party and any action proposed to mitigate its effect.
22.2.3. As soon as practicable following such notification, the parties shall consult with each other in good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and facilitate the continued performance of this Contract.
22.2.4. If no such terms are agreed on or before the date falling 30 Business Days after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing or its consequence remains such that the Affected Party is unable to comply with its obligations under this Contract for a period of more than forty Business Days, then, subject to clause 22.2.6 either party may terminate this Contract by giving twenty (20) Business Days' written notice to the other party.
Termination on Force Majeure. If circumstances of the type described in clause 13.1 above prevail for a continuous period of more than 60 Business Days:
(a) the Manager shall be entitled to terminate this Agreement in accordance with clause 8.1(b); and
(b) the Company shall be entitled to terminate this Agreement in accordance with clause 8.2(c), with 6 months written notice to the other party of its intention to terminate.
Termination on Force Majeure. 43.1 No failure or omission by any party to carry out or observe any of the stipulations or conditions of this Agreement shall, except in relation to obligations to make payments hereunder and except as herein expressly provided to the contrary, give rise to any claim against the party in question or be deemed a breach of this Agreement if such failure or omission arises from any cause reasonably beyond the control of that party including, but not limited to, national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties renders performance of this Agreement impossible (a “Force Majeure Event”).
43.2 Each party agrees to notify the other as soon as reasonably practicable upon becoming aware of a Force Majeure Event and the parties shall then work together in such a manner as is reasonable in the circumstances to deal with the Force Majeure Event and shall use all reasonable endeavours to mitigate any adverse effects on the provision of the Services and any losses arising from the Force Majeure Event and continue to perform their obligations under this Agreement notwithstanding the Force Majeure Event.
43.3 In the event that a party is unable to fulfil its obligations in a Force Majeure Event the obligations hereunder of such party shall be suspended including payments relating to that Force Majeure Event. The party whose obligations have been suspended as aforesaid shall give notice of such suspension as soon as reasonably possible to the other party stating the date and extent of such suspension and cause thereof. Any party whose obligations have been suspended as aforesaid shall resume the performance of such obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party.
43.4 Each party shall bear its own costs in rectifying a Force Majeure Event and neither party shall be entitled to bring a claim for a breach of this Agreement or incur any liability to the other party for any losses or damages arising from a Force Majeure Event.
43.5 Where a Force Majeure Event has a material effect on the provision of all or any significant part of the Services for more than six months, then either party shall be entitled to Terminate this Agreement in relation to the part of the Services and/or Facilities affected by giving not less than three months prior written notice to the other.
Termination on Force Majeure. If a force Majeure Events prevents either party from performing its obligations under the Agreement in any material respect for a period of three (3) consecutive months then, provided the notification requirements set out in clause 66 (Force Majeure) have been met, without prejudice to any accrued rights or remedies under this Agreement, either party may terminate this Agreement by notice in writing to the other party having immediate effect.
Termination on Force Majeure. If SpinCo’s performance under this Agreement is suspended or rendered impractical by reason of Force Majeure for a period in excess of thirty (30) days during the Term, the applicable Service Recipient shall have the right to terminate this Agreement with respect to the disrupted Services immediately upon written notice to SpinCo. An event of Force Majeure shall not operate to extend the Term or to limit amounts payable for Services rendered on or prior to the actual date of the event of Force Majeure.
Termination on Force Majeure. If an event or circumstance of Force Majeure occurs that prevents or delays substantially SI’s performance under this Agreement or any SOW, and SI has given notice thereof under section 21.3, and that event or circumstance continues for a period of not less than sixty (60) days after the date of the notice, the Province may give notice to SI at any time after the expiration of that period and for so long as the event or circumstance of Force Majeure continues of intent to terminate this Agreement or the affected SOW. The parties will meet within ten (10) days after the notice is given to discuss and endeavour to determine means, if any, that may be adopted by the parties to avoid termination of this Agreement or the affected SOW. If the parties agree on those means, their agreement must be recorded in writing as an amendment to this Agreement or the affected SOW signed by the parties. If the parties fail to agree on those means and to execute and deliver an amendment of this Agreement or the affected SOW within ten (10) days after notice of intent to terminate is given, this Agreement or the affected SOW will terminate in accordance with the Province’s notice.
Termination on Force Majeure. No Party shall be entitled to bring a claim for a breach of obligations under this Contract by the other Party nor incur any liability to the other Party for any losses or damages incurred by that other Party to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by the occurrence of that Force Majeure Event. For the avoidance of doubt, the Council shall not be entitled to terminate this Contract for a Contractor Default if such Contractor Default arises from a Force Majeure Event (but without prejudice to clauses 53.5 or 53.7).
Termination on Force Majeure. 40.1 No Party shall be entitled to bring a claim for breach of obligation under this Agreement by the other Party nor incur any liability to the other Party for any losses or damages incurred by that other Party to the extent that a Force Majeure Event occurs and it is prevented from carrying out obligations by that Force Majeure Event. For the avoidance of doubt, the Councils shall not be entitled to terminate this Agreement for a Contractor Default if such Contractor Default arises from a Force Majeure Event (but without prejudice to Clauses 40.5 or 40.7).
40.2 Nothing in Clause 40.1 above shall affect the Councils’ entitlement to make Performance Deductions as a result of Schedule 3 (Payment Mechanism) and Schedule 4 (Performance Mechanism) in respect of the Services unaffected by the Force Majeure Event in the period during which the Force Majeure Event is subsisting.
40.3 On the occurrence of a Force Majeure Event, the Affected Party shall notify the other Party as soon as practicable. The notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Party and any action proposed to mitigate its effect.
40.4 As soon as practicable following such notification, the Parties shall consult with each other in good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and facilitate the continued performance of this Agreement.
40.5 If no such terms are agreed on or before the date falling thirty (30) Days after the date of commencement of the Force Majeure Event and such Force Majeure Event is continuing or its consequence remains such that the Affected Party is unable to comply with its obligations under this Agreement for a period of more than thirty (30) Days, then, subject to Clause 40.6 below, either Party may terminate this Agreement by giving ninety (90) Days written notice to the other Party.
40.6 If this Agreement is terminated under Clause 40.5 above or 40.7 below:
40.6.1 compensation shall be payable by the Councils in accordance with Clause 41; and
40.6.2 the Lead Authority may exercise its right in accordance with Clause 45.2 in relation to the transfer of Contractor Assets.
40.7 If the Contractor gives notice to the Lead Authority under Clause 40.5 that it wishes to terminate this Agreement, then the Lead Authority has the option either to accept such notice or to respond in writing on or before the date falling t...
Termination on Force Majeure. No Party shall be entitled to bring a claim for a breach of obligations under this Contract by the other Party nor incur any liability to the other Party for any losses or damages incurred by that other Party to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by the occurrence of that Force Majeure Event.
