Unexpected Events. A. What happens if ATCO is unable to perform its obligations under this Agreement due to an unexpected event? Certain events beyond our reasonable control may make it impossible for us to perform some or all of our obligations under the Agreement. We are not liable to you in those events, and we will resume our obligations as soon as we can reasonably do so. This Agreement will otherwise remain in full effect.
Unexpected Events. (a) If an Unexpected Event prevents or delays a party (Affected Party) from performing any obligation under this Agreement (other than payment of amounts due):
(i) as soon as is reasonably practicable, but no later than three business days after the commencement of the Unexpected Event, the Affected Party must give a notice to the other party:
A. describing the Unexpected Event;
B. specifying the impacted obligations and the extent to which the Affected Party cannot perform those obligations;
C. if possible, estimating the period of delay due to the Unexpected Event; and
D. specifying the measures proposed to be adopted to remedy or minimise the disruption caused by the Unexpected Event, and those obligations will be suspended for so long as the Unexpected Event continues; and
(ii) the Affected Party must use reasonable efforts to mitigate the effects of the Unexpected Event.
(b) If the Unexpected Event continues for a period of 60 days or more, either party may (without affecting the accrued rights and obligations of each party as at that date) terminate this Agreement immediately by notice to the other party and the provisions of clause 21.4 will apply.
(c) If this Agreement is terminated under clause 22(b), each party will bear its own costs.
Unexpected Events.
(a) If an Unexpected Event prevents or delays a party (Affected Party) from performing any obligation under this Agreement (other than payment of amounts due):
(i) as soon as is reasonably practicable, but no later than three Business Days after the commencement of the Unexpected Event, the Affected Party must give a notice to the other parties and the Governance Committee:
A. describing the Unexpected Event;
B. specifying the impacted obligation and the extent to which the Affected Party cannot perform those obligations;
C. if possible, estimate the period of delay due to the Unexpected Event; and
D. specifying the measures proposed to be adopted to remedy or minimise the disruption caused by the Unexpected Event, and those obligations will be suspended for so long as the Unexpected Event continues; and
Unexpected Events. No Party is liable for any failure to perform or delay in performing its obligations under this Funding Deed of Agreement if that failure or delay is due to an Unexpected Event. If that failure or delay exceeds sixty (60) days, either Party may terminate this Funding Deed of Agreement with immediate effect by giving notice to the other Party.
Unexpected Events. The parties acknowledge that the economic provisions of this Agreement may be affected by unexpected decisions made by pricing authorities in the Sublicense Territory. In the event that unexpected decisions by the pricing authority causes Sublicensee to have difficulties in continuing development of or marketing Product from economic or commercial point of view such as, (a) a determination by the NHI to set the price for Product in the Sublicense Territory by reference to Caltan (calcium carbonate); or (b) the authority forces drastic price cuts for Phosphate Binders; or (c) the authority applies flat-sum reimbursement to the treatment of dialysis including Phosphate Binders, then the parties agree to meet in good faith to discuss and to determine appropriate adjustments to this Sublicense Agreement to address the unexpected events, including consideration of any future milestone and royalty obligations contained in Articles 4 and 5. In the event that, after due discussion and consideration under this Section 13.2, Sublicensee determines that it is no longer economically viable to commercialize the Product, then such a decision not to, or to cease, commercialization shall be considered a termination by Sublicensee for purposes of this Agreement and the provisions of Article 16 shall apply.
Unexpected Events. 29.1 ‘Unexpected Event’ affecting a party means anything outside that party’s reasonable control, including but not limited to, acts or omissions of another party, fire, storm, flood, earthquake, war, transportation embargo, industry-wide strike or failure or delay in transportation, act or omission or delay of any third person (including but not limited to governments or government agencies).
29.2 If an Unexpected Event affecting a party precludes that party (‘Precluded Party’) partially or wholly from complying with its obligations under this Agreement then:
(1) as soon as reasonably practicable after that Unexpected Event arises, the Precluded Party must notify the other party of the Unexpected Event; and
(2) to the extent and for the period that the Precluded Party is precluded by the Unexpected Event from complying with its obligations under this Agreement, those obligations will be suspended.
29.3 Any Party may terminate this Agreement if an Unexpected Event continues for more than 3 months.
Unexpected Events. Should any unexpected event occur in the course of the execution of the Contract, the Supplier shall immediately report it to the Purchaser in a form deemed appropriate under the actual circumstances and submit this report within 3 (three) days of the occurrence of such event.
Unexpected Events. Certain events beyond our control may make it impossible for us to fulfill our obligations under this Agreement. We are not legally responsible to you in those events and will resume our obligations as soon as we reasonably can. This Energy Agreement will otherwise remain in full effect.
Unexpected Events. No Party will be liable for any non-performance or delay in performance by that Party that is due wholly or in part to fire, flood, any act of God, riot, act of war (whether or not declared), terrorism, change in law or any other cause beyond the reasonable control of the Party.
Unexpected Events. 4.1. An 'Unexpected Event' (otherwise known as a 'force majeure event') means a cause or circumstance not within our reasonable control (as listed below) which affects the performance of our obligations under your Agreement:
a. acts of God (flood, drought, earthquake, other natural disaster, severe weather warning or adverse weather event);
b. Unexpected Events
c. collapse of buildings, fire, explosion or accident;
d. epidemic or pandemic (this includes but is not limited to COVID-19), in each case including, but not limited to, any actions, recommendations, announcements or restrictions, related to its subject matter (whether made by a government body, authority, public health organisation or other similar official body) or outbreak at the Venue;
e. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
f. nuclear, chemical or biological contamination, or sonic boom;
g. any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; and h. interruption or failure of utility service.
4.2. If we are delayed, hindered or prevented from providing the Venue and / or performing any of the Services due to an Unexpected Event we will contact you as soon as possible to let you know. We will also take reasonable steps to minimise the impact of such Unexpected Event. Please Note: We will not be in breach of our obligations to you under your Agreement to the extent we are delayed, hindered or prevented from doing so to you due to the Unexpected Event.
4.3. If an Unexpected Event occurs, we will discuss our proposed steps to minimise the impact of the Unexpected Event and your options with you. These options will differ on a case-by-case basis depending on the nature of your Booking and the impact of the Unexpected Event.
4.4. If we are unable to agree on a suitable option for you to minimise the impact of the Unexpected Event, you may contact us (or we may contact you) to end your Agreement with us and cancel your Booking.
4.5. If your Booking is cancelled as a result of an Unexpected Event, you will be entitled to a refund of monies paid (or, where applicable, a release from further liability to make payment) under your Agreement, less:
a. our reasonable expenses incurred in relation to your Booking up to the date of cancellation; and
b. our unav...