Uncontrollable Circumstance. A Party shall not be considered to be in Default in the performance of any of the obligations under this Agreement (other than obligations of a Party to pay costs and expenses) if failure of performance is due to an Uncontrollable Circumstance. The term “Uncontrollable Circumstance” means any act, event, or condition that is caused by or due to circumstances beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement and that materially interferes with such Party’s obligations under this Agreement (other than payment obligations) to the extent that such act, event, or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement on the part of such Party. By way of example, but not limitation, each of the following shall constitute an Uncontrollable Circumstance: failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, restraint by court order, law, regulation, or public authority, and the forced shutdown of PVNGS or the 91st Avenue WWTP by a governmental body, which by exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which, by exercise of due diligence it is unable to overcome. Nothing contained in this Section 28.2 shall be construed so as to require a Party to settle any strike or labor dispute in which it may be involved. A Party rendered unable to fulfill any obligation by reason of an Uncontrollable Circumstance shall, as soon as reasonably practicable, notify the others of the event giving rise to such Uncontrollable Circumstance, and exercise due diligence to remove such inability with all reasonable dispatch.
Uncontrollable Circumstance. 1. An Uncontrollable Circumstance (as defined) means any event or condition causing interruption of service or reduction in capacity of the Joint Water System which is beyond the reasonable control of or could not reasonably be anticipated by The City or The Nation, and is being relied upon as justification for a delay in or non-performance of any obligation of The City or The Nation pursuant to this Agreement and shall include but not be limited to the events described in paragraph 12.2;
2. An Uncontrollable Circumstance means: Landslide, subsidence, sink hole, watermain break that is not caused by neglect or poor maintenance by party responsible for the maintenance of such watermain, ice storm, hurricane, tornado, sabotage other than sabotage by employees or agents of the party responsible for such employee or agent, insurrection, civil disorders, wars, acts of enemies, terrorism, epidemic, pandemic or quarantine, nuclear, chemical or biological contamination, earthquake, fires, explosions, lightning, floods, riots, any blockade or embargo, any official or unofficial strike, lock-out, work-to-rule or other dispute affecting the installation, operation or maintenance of the Joint Water System or access thereto, acts of God, or any governmental authority or any injunction or restraining order or other decision or order of a court which prohibits or restrains the construction, installation, maintenance, repair or operation of the Joint Water System or access thereto loss or inability to obtain service from any utility (such as a power utility), which service is needed to operate the Joint Water System. Upon the occurrence of any of the aforesaid uncontrollable circumstances, the time for performance of the party’s relevant obligations will be deemed to be extended by a period equal to the delay caused by such event. Provided, however, that a failure by a party to perform its obligations under this Agreement arising from or related to such party’s insufficient cash flow or its economic or financial condition generally, shall not constitute an Uncontrollable Circumstance.
3. In the event there is an Uncontrollable Circumstance, and if a party seeks to rely on the occurrence of such Uncontrollable Circumstance as grounds for not performing its obligations under this Agreement, then the party relying on such Uncontrollable Circumstance shall:
a) provide prompt notice to the other parties of the occurrence of the Uncontrollable Circumstances in accordance with s...
Uncontrollable Circumstance. Performance of any obligation or covenant hereunder by either Party shall not be deemed to be in default where delays or failures to perform are the result of the occurrence of an Uncontrollable Circumstance. An extension of time for any such Uncontrollable Circumstance shall be for the period of the Uncontrollable Circumstance, which period shall commence to run from the time of the commencement of the Uncontrollable Circumstance. Notice by the Party claiming such extension shall be sent to the other party within sixty (60) calendar days of the commencement of the Uncontrollable Circumstance.
Uncontrollable Circumstance. An event of Uncontrollable Circumstance, as defined herein.
Uncontrollable Circumstance. CTEL reserves the right to renegotiate or terminate this Agreement upon sixty (60) days advance written notice if circumstances outside our control related to the Facilities (including, without limitation, changes in rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes in jail policy or economic conditions; acts of God; actions you take for security reasons (such as lock- downs) negatively impact our business; however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Provider’s provision of the services is subject to certain federal, state or local regulatory requirements and restrictions which are subject to change from time-to-time and nothing contained herein to the contrary shall restrict Provider from taking any steps necessary to perform in compliance therewith.
Uncontrollable Circumstance. An Uncontrollable Circumstance is any act, event or condition which is beyond the reasonable control of the Party relying thereon as justification for a delay in, non-compliance with, or non-performance of any obligation of such Party pursuant to this Agreement, and shall be limited to the following:
(i) An act of God, landslide, lightning, earthquake, hurricane, flood, tornado, volcanic event, fire, explosion, acts of public enemy, acts of terrorism, war (whether or not war is declared),
(ii) Provided that such act, event or condition is not the result of wilful or negligent action, error or omission or a lack of reasonable diligence of the Party asserting the Uncontrollable Circumstance; a catastrophic equipment failure, failure or interference with normal sources of supply, blockade, sabotage, insurrection, riot or radiation or radioactive contamination of the Pelletizer Facility;
(iii) An order of any court, administrative or Governmental Authority of competent jurisdiction provided that such order is not the result of wilful or negligent action, error or omission or a lack of reasonable diligence of the Party against whom such an order is issued;
(iv) The suspension or termination of any Permits and Licences, including but not limited to any Certificate of Approval relating to the operation or maintenance of the Pelletizer Facility or related to the Pellet Marketing Services, to the extent that such suspension or termination is not the result of wilful or negligent action, error or omission or a lack of reasonable diligence of the Party asserting the occurrence;
(v) Loss or inability to obtain service from a utility for a period in excess of six (6) consecutive hours provided that such occurrence is not the result of wilful or negligent action, error or omission or a lack of reasonable diligence of the Party asserting the occurrence; or
(vi) Strikes, or lockouts provided that such occurrence is not the result of wilful or negligent action, error or omission or a lack of reasonable diligence of the Party asserting the occurrence. However, a failure by a Party to perform its obligations under this Agreement arising from or related to such Party's insufficient cash flow or its economic or financial condition generally shall not constitute an Uncontrollable Circumstance.
Uncontrollable Circumstance. 8.1 Uncontrollable Circumstance: Despite any other provision of this Agreement, if, because of an Uncontrollable Circumstance, either Party (the “Affected Party”) is prevented from fulfilling its obligations under this Agreement (the “Affected Obligations”), it will be relieved of the Affected Obligations to the extent, and for the duration, of the Uncontrollable Circumstance if the Affected Party:
i. within five (5) Business Days of becoming aware of the Uncontrollable Circumstance gives written notice to the other Party describing the Affected Obligations and nature and expected duration of the Uncontrollable Circumstance; and
ii. takes commercially reasonable steps to mitigate the consequences of the Uncontrollable Circumstance and continues to perform the Affected Obligations to the extent possible.
Uncontrollable Circumstance. The performance of each party's respective obligations under this Agreement, other than failure or delay in payment of money hereunder, shall be excused during such times and to the extent such performance is prevented by reason of any Uncontrollable Circumstance.
Uncontrollable Circumstance. Either Party may be excused from its obligations hereunder if it shall be prevented from performing those obligations due to an uncontrollable circumstance provided such Party expeditiously takes all actions within its control to end, or to ameliorate the effects of such uncontrollable circumstance within a reasonable period of time from the circumstance.
Uncontrollable Circumstance. If either party is rendered unable, wholly or in part, to carry out any material obligation of this Agreement by an Uncontrollable Circumstance, the affected obligation of such party may be suspended during the continuation of the Uncontrollable Circumstance, provided that such party will use all reasonable efforts to perform its obligations notwithstanding the occurrence of such event. Such excuse of performance may occur only to the extent that the Uncontrollable Circumstance prevents such party from performing and such party must continue to perform all other responsibilities in this Agreement. The party claiming inability to perform shall use all reasonable efforts to overcome or remove the Uncontrollable Circumstance.
