Uncontrollable Circumstances. 20.1 Except as expressly provided for in this Agreement, no party shall be in default under this Agreement or liable to the other party for any loss, damage or delay to the extent it results from an uncontrollable circumstance if such circumstance is not caused by the default or act of commission or omission of such party or avoidable by the exercise of reasonable effort or foresight provided that nothing excuses a delay caused by lack of funds or other financial circumstances or excuses a party from payment of any amount payable hereunder when due.
Appears in 3 contracts
Samples: Forbearance Agreement, Contribution Agreement, Contribution Agreement
Uncontrollable Circumstances. 20.1 19.1 Except as expressly provided for in this Agreement, no party shall be in default under this Agreement or liable to the other party for any loss, damage or delay to the extent it results from an uncontrollable circumstance if such circumstance is not caused by the default or act of commission or omission of such party or avoidable by the exercise of reasonable effort or foresight provided that nothing excuses a delay caused by lack of funds or other financial circumstances or excuses a party from payment of any amount payable hereunder when due.
Appears in 3 contracts
Samples: Of Contribution Agreement, Contribution Agreement, Contribution Agreement
Uncontrollable Circumstances. 20.1 Except as expressly provided for in this Agreement, no party neither Party shall be in default under this Agreement or liable to the other party for any loss, damage or delay to the extent it results from an uncontrollable circumstance if such circumstance is not neither caused by the default or act of commission or omission of such party or Party nor avoidable by the exercise of reasonable effort or foresight provided that nothing excuses a delay caused by lack of funds or other financial circumstances or excuses a party Party from payment of any amount payable hereunder when due.
Appears in 1 contract
Samples: Contribution Agreement