Common use of Uncontrollable Forces Clause in Contracts

Uncontrollable Forces. Neither Sponsor nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “uncontrollable forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 14 contracts

Samples: Service Agreement, Research Agreement, Service Agreement

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Uncontrollable Forces. Neither Sponsor nor University Institution shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “uncontrollable forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor or University Institution under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 3 contracts

Samples: Clinical Service Agreement, Clinical Service Agreement, Clinical Service Agreement

Uncontrollable Forces. Neither Sponsor nor University Party shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party such Party could not avoid. The term “uncontrollable forces” shall mean any event which results in the prevention or delay of performance by a party BRT of its obligations under this Agreement and which is beyond the control of the nonperforming partysuch Party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor Rohto or University BRT under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 2 contracts

Samples: Research and Development (BioRestorative Therapies, Inc.), Research and Development (BioRestorative Therapies, Inc.)

Uncontrollable Forces. Neither Sponsor nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 2 contracts

Samples: Research Agreement (Micromem Technologies Inc), Research Agreement (Micromem Technologies Inc)

Uncontrollable Forces. Neither Sponsor Company nor University Subcontractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming non performing party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming non performing party. It includes, but is not limited to, to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, licenses or authorizations from any state, local, local or federal agency or person for any of the supplies, materials, accesses, research or services obligations required to be provided by either Sponsor Company or University Subcontractor under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 2 contracts

Samples: Subcontract Agreement (Emps Corp), Subcontract Agreement (Emps Research Corp)

Uncontrollable Forces. Neither Sponsor Company nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor Company or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 1 contract

Samples: Master Agreement (Human Pheromone Sciences Inc)

Uncontrollable Forces. Neither Sponsor nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party non performing Party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party Party of its obligations under this Agreement and which is beyond the control of the nonperforming partynon performing Party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbancedisturbances, sabotage, inability to procure permits, licenses, or authorizations from any state, local, local or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor or University under this Agreement, strikes, work slowdowns or other labor disturbances, disturbances and judicial restraint.

Appears in 1 contract

Samples: Clinical Testing Agreement (Discovery Laboratories Inc)

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Uncontrollable Forces. Neither Sponsor Sparks nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “uncontrollable forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor Sparks or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 1 contract

Samples: Research Agreement

Uncontrollable Forces. Neither Sponsor nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "'uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint.

Appears in 1 contract

Samples: Research Agreement (Znomics, Inc.)

Uncontrollable Forces. Neither Sponsor Company nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquakes, storms, lightninglightening, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either Sponsor Company or University under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restrainttreatment.

Appears in 1 contract

Samples: Master Agreement (Dna Sciences Inc)

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