Time and Force Majeure. 10.1 Subject to any grace or cure periods and to the provisions of Paragraph 10.2 below, time shall be of the essence.
10.2 Neither Party shall be liable to the other for delay in performance of its obligations hereunder or deemed to be in breach of this Agreement due to causes beyond its control, including but not limited to acts of God, disease outbreaks, fires, strikes, acts of war, terrorist acts, or intervention by any governmental authority, and each Party will take steps to minimize any such delay. If such an event occurs, the time set by this Agreement for performance of that obligation by the relevant Party will be extended for the period by which performance is prevented by the event PROVIDED THAT the other Party may terminate this Agreement by notice if such event continues for more than 180 days.
Time and Force Majeure. Time is of the essence of this Agreement; provided, however, neither the Developer nor the City shall be deemed in default with respect to any performance obligations under this Agreement on their respective parts to be performed if any such failure to timely perform is due in whole or in part to the following (which also constitute “unavoidable delays”): any strike, lock-out or other labor disturbance (whether legal or illegal, with respect to which the Developer, the City and others shall have no obligations hereunder to settle other than in their sole discretion and business judgment), civil disorder, inability to procure materials, weather conditions, wet soil conditions, failure or interruption of power, restrictive governmental laws and regulations, condemnation, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, acts of God or third parties or for any other reasons not within the Developer’s or the City’s control.
Time and Force Majeure. 36.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing its obligations under this Agreement to the extent that such delay or default is caused, or contributed to, by conditions beyond its reasonable control (Force Majeure Event) including but not limited to:
(a) the inability of the KLC to arrange on-country meetings with the Traditional Owners or undertake Work Program Surveys between 1 December and 1 March (in some areas end of April) each year due to the Aboriginal law season, adverse weather conditions during this period, the remoteness and terrain of the Tenement areas and the KLC’s duty of care to its staff and Traditional Owners;
(b) circumstances where the seasonal and extreme climatic conditions of the Xxxxxxxxx prevent access to country or render certain procedures under this Agreement incapable of performance;
(c) circumstances where Traditional Owners have bona fide cultural obligations or traditional responsibilities which prevent their involvement in various procedures under this Agreement;
(d) circumstances where Work Program Survey field work and/or Work Program Survey report writing is delayed for any reason beyond the reasonable control of the parties involved in their performance, preparation or completion; or
(e) any other cause beyond the reasonable control of the parties.
36.2 The parties agree that the obligations contained in this Agreement will be suspended (including the calculation of time) for the length of time that such obligations are genuinely affected by the Force Majeure Event.
36.3 The party affected by the Force Majeure Event will:
(a) use all reasonable efforts to mitigate the effect upon its performance of this Agreement and to fulfil its obligations under this Agreement;
(b) keep the other parties informed of the steps being taken to mitigate the effect of the Force Majeure Event upon their performance of this Agreement, and an estimate of the continued duration of the delay; and
(c) when the period for which its obligations affected by a Force Majeure Event cease, recommence performance of all its affected obligations under this Agreement.
Time and Force Majeure. Neither the City nor Meijer shall be deemed in default with respect to any performance obligations under this Agreement on their respective parts to be performed if any such failure to timely perform is due in whole or in part to the following (which also constitute “unavoidable delays”): any strike, lock-out or other labor disturbance (whether legal or illegal, with respect to which the City, Meijer and others shall have no obligations hereunder to settle other than in their sole discretion and business judgment), civil disorder, inability to procure materials, weather conditions, wet soil conditions, failure or interruption of power, restrictive governmental laws and regulations, condemnation, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, acts of God or third parties or for any other reasons not within the City’s or Meijer’s control.
Time and Force Majeure. Time is of the essence of this Agreement; provided, however, neither University Construction nor the City nor L/T 1223 will be deemed in default with respect to any performance obligations under this Agreement on their respective parts to be performed if any such failure to timely perform is due in whole or in part to the following (which also constitute "unavoidable delays"): any strike, lockout or other labor disturbance (whether legal or illegal, with respect to which University Construction, the City and others will have no obligations hereunder to settle other than in their sole discretion and business judgment), civil disorder, inability to procure materials, weather conditions, wet soil conditions, failure or interruption of power, restrictive governmental laws and regulations, condemnation, riots, insurrections, war, fuel shortages, accidents, casualties, Acts of God or third parties, or any other cause beyond the reasonable control of University Construction or the City, or for any other reasons not within University Construction’s or the City's control.
Time and Force Majeure
