Uncontrollable Events. BISYS assumes no responsibility hereunder, and shall not be liable for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.
Uncontrollable Events. Fund Accountant assumes no responsibility hereunder, and shall not be liable, for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.
Uncontrollable Events. The Sub-Administrator assumes no responsibility hereunder, and shall not be liable, for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control.
Uncontrollable Events. Often referred to as “force majeure”. We advise that you ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
Uncontrollable Events. If either you or we are affected (“the Affected Person”) by an Uncontrollable Event, the Affected Person will not be in default under the terms of this Agreement if the default is caused by that Uncontrollable Event. The Affected Person must:
Uncontrollable Events. This clause does not apply if a failure to perform is caused by an Uncontrollable Event, which must be dealt with under clause B.42.
Uncontrollable Events. (1) Neither of us will be in default under this Agreement if the default is caused by an Uncontrollable Event.
(2) If either of us is affected by an Uncontrollable Event, the party affected must:
(a) notify the other party of:
(i) the nature of the circumstances giving rise to the Uncontrollable Event;
(ii) the extent of the affected party's inability to perform; and
(iii) the likely duration of that non-performance;
(b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and
(c) perform the obligation affected by the Uncontrollable Event as soon as possible.
(3) The DHB may, after consulting with the PHO, make alternative arrangements for the provision of the Services during the period in which the PHO is unable to Provide the Services as a result of an Uncontrollable Event, and for such reasonable time afterwards as the DHB had to agree with the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services .
(4) If either of us is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we must try to agree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party.
(5) If we do not reach an agreement under subclause (4) within two months after receipt of the notice under subclause (2), either of us may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.
Uncontrollable Events. (1) If either party is prevented from or delayed in performing its obligations under this Agreement by an Uncontrollable Event, the party directly affected by that Uncontrollable Event will not be in breach of the Agreement.
(2) The party whose performance is directly affected by an Uncontrollable Event must give written notice to the other specifying:
(a) the nature of the circumstances giving rise to the Uncontrollable Event;
(b) the extent of that party's inability to perform; and
(c) the likely duration of that non-performance.
(3) The party whose performance is directly affected by an Uncontrollable Event must take all reasonable steps to avoid or reduce the impact of the Uncontrollable Event on the due performance of the Agreement.
(4) The Provider must have in place a reasonable risk management plan and sufficient funds to implement the plan (except if Te Whatu Ora has failed to make due payment).
(5) This clause does not require a party to settle any strike, lock-out, or other industrial disturbance.
(6) The party whose performance is directly affected by an Uncontrollable Event must resume due performance of its obligations under this Agreement as soon as is reasonably practicable after the Uncontrollable Event ends or its impact is sufficiently reduced to allow due performance.
(7) Despite anything else in this Agreement, if the Provider is unable to provide the Services because of an Uncontrollable Event, Te Whatu Ora may make alternative arrangements for the provision of Services during the period of the Provider's non-performance (and for such reasonable time afterwards as may be necessary to secure an alternative provider or providers at the time the alternative arrangement is entered into) as Te Whatu Xxx sees fit but after consultation with the Provider.
Uncontrollable Events. (1) Clauses C.31 to C.34 do not apply if the Provider's failure to perform is caused by an Uncontrollable Event.
Uncontrollable Events. Neither party will be liable to the other for --------------------- its failure to perform under this Agreement due to events beyond its control, including without limitation work stoppages, riots, acts of God, or other similar events.
