Unforeseen Event. Any event or condition that has not been explicitly covered under the provisions of this Agreement shall be resolved after discussion and mutual agreement between the Parties.
Unforeseen Event. Incident that employee cannot reasonably foresee or 10 schedule outside of the workday. Use of this leave shall not be for recreational 11 purposes, extension of a holiday, vacation or for matter of purely personal
Unforeseen Event. A party is not responsible for any loss arising out of any occurrences or condition beyond its control, including but not limited to acts of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware or other malicious code.
Unforeseen Event. Under no circumstances will BDL be liable for any failure or delay in complying with any of its obligations under this Agreement if the failure or delay arises from a cause or an event beyond its reasonable control (Unforeseen Event). BDL will use its reasonable endeavours to perform such obligations despite the Unforeseen Event. Subject to clause 8.3, performance under this Agreement will resume, as soon as possible and to the greatest extent possible, following the Unforeseen Event coming to an end.
Unforeseen Event. 32.1 For the purposes of this clause, “Unforeseen Event” means any:
32.1.1 event or circumstance which makes the performance by a Party of any obligation under this Agreement, unlawful;
32.1.2 fire, flood, earthquake, terrorism, war, riot, civil disorder, rebellion or revolution; or
32.1.3 other event or state of affairs which is outside of the control of a Party or which would be an event of frustration at law, that prevents a Party from complying with its obligations under this Agreement or a Customer Agreement which makes performance by a Party of any of its obligations under this Agreement or Customer Agreement unlawful (“Non-performing Party”) provided that:
32.1.4 the Non-performing Party is without fault in causing or contributing to that default or delay; and
32.1.5 the default or delay could not have been prevented or circumvented by the Non-performing Party taking reasonable precautions or actions.
32.2 The Parties agree that an Unforeseen Event does not include a Party failing to comply with its obligations under this Agreement due to any strikes by employees of a Party or any sub-contractor of a Party (or both) unless the strike is part of an industry wide campaign that does not arise out of a dispute between that Party or a Party’s sub-contractor and one or more of its employees.
32.3 Neither Party will be liable for any default or delay in the performance of its obligations under this Agreement or a Customer Agreement if and to the extent that the default or delay is caused by an Unforeseen Event.
32.4 Upon the occurrence of an Unforeseen Event, the Non-performing Party must promptly notify the other Party’s Contract Administrator by telephone (and must confirm promptly in writing) and describe in reasonable detail:
32.4.1 the circumstances of the Unforeseen Event; and
32.4.2 the efforts which the Non-performing Party proposes to use to recommence performance of its obligations.
32.5 In the event of an Unforeseen Event, the Non-performing Party will be excused from any further performance of the obligations under this Agreement or a Customer Agreement (as the case may be) affected by the Unforeseen Event for so long as:
32.5.1 the Unforeseen Event prevails; and
32.5.2 the Non-performing Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay.
32.6 If the period during which a Party is excused under this clause from compliance with a Contract Document continues for at least one (...
Unforeseen Event. In the event that storms or other serious unforeseen events result in significant damage to any Fixed Assets, Non-Fixed Assets or Floating Plant, the Port Manager may submit to TFV, no later than 30 days following the storm or other serious unforeseen event, an application to access repairs, maintenance or other funds for the purpose of repair or of reimbursement of costs.
Unforeseen Event. The University is not liable for any failure to perform, or delay in performing an obligation under this Agreement where such failure or delay is due to any Unforeseen Event.
Unforeseen Event. If the whole or any part of the Premises shall be destroyed or damaged by fire flood lightning storm tempest or other disabling cause so as to render the Premises substantially unfit for the use and occupation of the Lessee or so as to render the rebuilding or reconstruction of the Premises in their previous form impracticable or undesirable in the opinion of the Lessor then:
(i) this Lease may be terminated without compensation by either the Lessor or the lessee by notice in writing to the other PROVIDED ALWAYS that the Lessee shall only be entitled to terminate this Lease if the Lessor shall have failed to rebuild or reinstate the Premises within a reasonable time after notice in writing from the Lessee;
(ii) any such termination as aforesaid shall be without prejudice to the rights of either party in respect of any antecedent breach matter on things;
(iii) upon the happening of any such damage or destruction as aforesaid the Rent or a proportionate part thereof according to the nature and extent of the damage sustained shall xxxxx and all or any remedies for the recovery of the Rent or such proportionate part thereof shall be suspended until the Premises have been rebuilt or made fit for the occupation and use of the Lessee or until the Lease shall be terminated pursuant to the provisions of sub-paragraph (i) of this clause as the case may be;
(iv) in the event of any dispute arising out of this clause the same shall be referred to arbitration pursuant to the provisions of the Arbitration Act (Chapter 46). Nothing herein contained or implied shall be deemed to impose any obligation upon the Lessor to rebuild or reinstate or make fit for occupation the Premises.
Unforeseen Event. 8.1 In the event that UCAMA is delayed so as to prevent it from fulfilling its covenants as required by this Agreement, and such delay is the result of any cause which in the opinion of the General Manager, acting reasonably, is beyond UCAMA's control, including without limitation, labour disputes, strikes, lock-outs, fire, government authority approvals, or any cause which in the opinion of the General Manager, acting reasonably is beyond UCAMA's control, UCAMA shall not be deemed to be in default and the General Manager shall grant such extension or extensions of the date for curing the default, as shall be reasonable in the circumstances. Delays beyond UCAMA's control in the obtaining of all necessary development and building permits required by UCAMA in order for UCAMA to fulfil its covenants as required by this Agreement, shall be considered as constituting such a sufficient cause so as to warrant the granting of an extension by the General Manager.
Unforeseen Event. 9.1 Unforeseen Event: Under no circumstances will MO be liable for any failure or delay in complying with any of its obligations under this Agreement if the failure or delay arises from a cause or an event beyond its reasonable control (Unforeseen Event). MO will use its reasonable endeavours to perform such obligations despite the Unforeseen Event. Subject to clause 8.2, performance under this Agreement will resume, as soon as possible and to the greatest extent possible, following the Unforeseen Event coming to an end.
