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;
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. 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:
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:
Uncontrollable Circumstance. Base Fee Components shall be increased to remedy Uncontrollable Circumstances only to the extent permitted under Article 9.
Uncontrollable Circumstance. Each Party shall be excused from the performance of its applicable obligations under this Agreement to the extent such Party is prevented or, individually or in the aggregate, materially delayed from performing such obligations due to an Uncontrollable Circumstance. If either Party claims an Uncontrollable Circumstance as a basis for not performing its obligations under this Agreement, then the Party making such claim shall (a) promptly upon discovery thereof provide telephone or oral, or both, notice thereof, including Notice, to the other Party of the Uncontrollable Circumstance; (b) provide an estimate of its expected duration; (c) describe in reasonable detail its probable effect on the performance of its obligations hereunder; (d) exercise all reasonable efforts to continue to perform its obligations hereunder to the extent not prevented or delayed by the Uncontrollable Circumstance; (e) expeditiously take action to cure the Uncontrollable Circumstance; (f) exercise all reasonable efforts to mitigate or limit damages or other adverse effects to the other Party; and
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.
