Time of the Essence; Force Majeure. Time is of the essence for all Services performed pursuant to the Contract Documents. The Consultant shall perform its responsibilities for the Services in accordance with the schedule set forth herein. However, neither Party shall be liable to the other Party for any delay or failure of performance due to fires or other casualties, acts of God, unusual weather conditions, strikes or labor disputes, war, or any cause beyond the reasonable control of either Party. Consultant’s exclusive remedies for force majeure are set forth in Section 10.2 (Time Extensions).
Time of the Essence; Force Majeure. Time is of the essence for this Agreement. However, neither Party shall be liable to the other Party for any delay or failure of performance due to Force Majeure events. Force Majeure means any cause beyond the control of either Party, including but not limited to: (i) a tornado, flood or unusual weather occurrence, landslide, earthquake, fire or other casualty, strike or labor disturbance, freight embargo, act of a public enemy, explosion, war, blockade, terrorist act, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, or sabotage; or act of God provided that the Recipient shall not be required to settle any strike or labor disturbance in which it may be involved or
Time of the Essence; Force Majeure. Time is of the essence of this MOU. However, neither party shall be liable to the other party for any delay or failure of performance of service outside the reasonable control of the affected party, including but not limited to fires or other casualties or accidents, acts of God, severe weather conditions, strikes or labor disputes, or war or other similar acts.
Time of the Essence; Force Majeure. Time is of the essence as to all rights and obligations of the parties hereunder unless specifically provided to the contrary. Notwithstanding the foregoing, if either party fails to perform an obligation hereunder, other than the obligation of Tenant to pay Rent when due, which failure results from causes beyond the reasonable control of such party, including, without limitation, labor problems, contractor disputes, legal requirements, unavailability of equipment, fixtures or materials, property damage caused by fire or other cause of loss, or disruption or unavailability of utilities or services (a “Force Majeure Event”), the amount of time for performance of such obligation shall be extended by the amount of time such performance is delayed by reason of such Force Majeure Event.
Time of the Essence; Force Majeure. Time is of the Essence for this Contract. However, neither Party shall be liable to the other Party for any delay or failure of performance due to the occurrence of any of the following events that materially and adversely affects performance of TSI Contractor’s or SRTA’s obligations, provided that such events (or the effects of such events) could not have been avoided by the exercise of caution, due diligence, or reasonable efforts by the affected Party (a) war (including civil war and revolution), invasion, armed conflict, violent act of foreign enemy, military or armed blockade, or military or armed takeover of the Project, in each case occurring within the State; (b) any act of terrorism or sabotage that causes direct physical damage to the Project; (c) nuclear explosion or contamination, in each case occurring within the State;
Time of the Essence; Force Majeure. Time is of the essence for each and every provision of this Agreement. Notwithstanding anything in this Agreement to the contrary, if any Party shall be delayed or hindered in, or prevented from the performance of, any non-monetary act required under this Agreement by reason of strike, lockout, civil commotion, warlike operation, invasion, rebellion, hostilities, military or usurped power, sabotage, government regulations or controls, inability to obtain any required material, floods, other natural disasters, or acts of God, or for any other cause beyond the reasonable control of the Party who is seeking additional time for the performance of such act, then the time allotted for performance of such act shall be extended for the period of the delay; provided, however, in no event shall this paragraph apply to obligations for the payment of money under this Agreement.
Time of the Essence; Force Majeure. NEVTAH and PAMCO agree that the time is of the essence regarding obligations under this Agreement. The inability of NEVTAH to satisfy the funding deadlines established on Exhibit A or Exhibit B in a timely manner will be considered a default under the terms of this Agreement, and PAMCO will then have the right to terminate the Agreement under Section 13. PAMCO and NEVTAH also agree, however, that notwithstanding the preceding language, if the spot price of crude oil, for the weight and grade of crude produced in the Tulsa, Oklahoma, area drops below Twelve Dollars ($12) per barrel, the obligations of NEVTAH under this Agreement will be delayed until such time as the price of oil recovers above the Twelve Dollar ($12) per barrel level. It is also agreed that if due to delays based on the price of oil, or for any other reason, PAMCO does not have sufficient operating capital to carry out its obligations under this Agreement, PAMCO will not for this reason be in default under this Agreement and NEVTAH will cooperate with PAMCO in addressing and solving any operating capital problems.
Time of the Essence; Force Majeure. Time is of the Essence for this Contract. However, neither Party shall be liable to the other Party for any delay or failure of performance due to the occurrence of a Force Majeure Event. Contractor’s exclusive remedies for Force Majeure are set forth in Section 20.3 (Delay and Extensions of Time) of this Contract.
Time of the Essence; Force Majeure. (a) Chobani’s production schedules are based upon the Parties’ agreement that the Products will be delivered to Chobani by the date or dates specified in a Purchase Order issued under this Agreement. Supplier acknowledges that it is essential that Chobani not only be supplied with the Products hereunder, but that Chobani receive such Products consistent with the terms of this Agreement, including the Specifications, in a timely manner and that Chobani will suffer damages if Supplier fails to deliver such quantities of acceptable Products in a timely manner as specified in the applicable Purchase Order. Time is therefore of the essence in Supplier’s performance of its obligations under this Agreement and any Purchase Order. Products shipped to Chobani in advance of the schedule provided for herein may, at Chobani’s sole discretion, be rejected or returned to Supplier at Supplier’s expense. Any provision herein for delivery of items by installment shall not be construed as rendering the obligations of Supplier severable. Except as provided in subsection c below, any delay or default in delivery by Supplier shall be grounds for immediate termination of this Agreement by Chobani. Supplier shall notify Chobani in writing within 24 hours after the occurrence of any event that could reasonably be expected to give rise to the delay in Supplier’s performance hereunder, including delivery of any of the Products. Failure to give such notice shall render Supplier liable for all damages to Chobani resulting from such delay, in addition to and without limiting any other remedies available to Chobani hereunder.
(b) In addition to (but not in limitation of) all other rights and remedies available to Chobani hereunder (or at law or equity): (i) in the event of Supplier’s failure to deliver conforming Products in a timely manner on the date or dates specified in a Purchase Order or (ii) in the event that Chobani shall have reasonable ground for insecurity with respect to Supplier’s timely delivery of conforming Products on the date or dates specified in a Purchase Order and Supplier being unable to provide Chobani with reasonably adequate assurance of its ability to perform within five (5) days of its receipt of written request from Chobani for such assurance, Chobani may procure a substitute for the Products from one or more other suppliers, and Supplier shall reimburse Chobani the amount the purchase price paid by Chobani for such substitute products exceeds the Purchase ...
Time of the Essence; Force Majeure. Time is of the essence with respect to all provisions of this Lease. The foregoing notwithstanding, whenever a period of time is herein prescribed for action to be taken by Landlord, Landlord shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to strikes, riots, acts of God, pandemics, shortages of labor or materials, war, Laws or any other causes of any kind whatsoever which are beyond the reasonable control of Landlord.
