Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 9 contracts
Samples: Drought Response Operations Agreement, Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Drought Response Operations Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Drought Response Operations Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 7 contracts
Samples: Drought Response Operations Agreement, Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Companion Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Companion Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 6 contracts
Samples: Drought Response Operations Agreement, Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage LB DCP Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage LB DCP Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force act to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 5 contracts
Samples: Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Companion Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority authority, which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Companion Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 2 contracts
Samples: Agreement Concerning Colorado River Drought Contingency Management and Operations, Agreement Concerning Colorado River Drought Contingency Management and Operations
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Drought Response Operations Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Drought Response Operations Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.dispatch.β
Appears in 2 contracts
Samples: Drought Response Operations Agreement, Drought Response Operations Agreement
Uncontrollable Forces. No Party shall be considered to be in default in the performance of any of its obligations under this Demand Management Storage Agreement when a failure of performance shall be due to any cause beyond the control of the Party affected, including but not limited to, facilities failure, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority which by exercise of due diligence and foresight such Party could not have reasonably expected to avoid. A Party rendered unable to fulfill any of its obligations under this Demand Management Storage Agreement by reason of an Uncontrollable Force shall give prompt written notice of such Uncontrollable Force act to the other Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 2 contracts
Samples: Funding Agreement, Lower Colorado River Basin Agreement for Binational Intentionally Created Surplus
