Unforeseen Occurrences. Any delay or failure by either party in the material performance of its obligations under this Agreement, except for the payment of fees, shall be excused if and to the extent caused by a cause or causes beyond the reasonable control of the party affected (“Force Majeure”), if prompt written notice of the delay is given to the other party and the party is diligent in attempting to remove such cause or causes. Force Majeure includes acts of God, strikes, action of regulatory agencies, fire, flood, windstorm, explosion, riot, war, and sabotage. If the Force Majeure is not rectified within sixty (60) days of written notice, either party may terminate this Agreement by sending written notice to the other party. This termination of the Agreement will be effective thirty (30) days after such notice.
Unforeseen Occurrences. Neither party to this Agreement shall be liable for any delay or failure of performance that is the result of any happening or event that could not reasonably have been avoided or that is otherwise beyond its control. Such happenings or events shall include, but not be limited to, fire, flood, explosion, action of the elements, inability to obtain or shortage of material, equipment or transportation, governmental orders, regulations, restrictions, priorities or rationing, acts of God, accidents and strikes, lockouts or other labor trouble or shortage.
Unforeseen Occurrences. In the event that either Party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of any of the following events, but only to the extent such event is beyond the reasonable control of the Party affected by such event and such event occurs without the fault or negligence of such Party or any of its subcontractors or suppliers: an act of God, disruption in transportation system, fire, flood, earthquake, storm, war, riot, revolt, act of a public enemy, embargo, explosion, civil commotion, loss or shortage of power or any law, rule, regulation, order or other action by any public authority (a “Force Majeure Event”), the Party who has been so affected shall immediately give written notice to the other Party and shall use commercially reasonable efforts to resume performance in accordance with this Agreement as promptly as possible. Upon receipt of such notice, all obligations under the Agreement shall be immediately suspended for the duration of the Force Majeure Event. If the period of nonperformance exceeds ninety (90) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may by giving written notice terminate the Agreement without penalty or payment required by either party except as provided in Section 8.6. Delays in delivery due to a Force Majeure Event shall automatically extend the delivery date for a period equal to the duration of such Force Majeure Event. Any acceptance or warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such Force Majeure Event. Notwithstanding anything to the contrary, Force Majeure Event shall not include (and a Party shall not be entitled to benefit from this Section 15.5 on account of): (i) any governmental action of an enforcement nature that arises from or relates to such Party’s failure to comply with any Law applicable to such Party’s performance hereunder (including, in the case of Osiris, Osiris’s performance of the Allograft Services) or (ii) any other event that arises from such Party’s negligence or willful misconduct, or that could have been avoided if such Party had not failed to take reasonable precautions to do so. For the avoidance of doubt, materials shortages, strikes, slowdowns or other labor related delays are not Force Majeure Events.
Unforeseen Occurrences. The parties hereto agree that neither of them will be held responsible for damages caused by delay or failure to perform under the terms of this Indenture when the delay or failure is due to fires, strikes or lockouts, floods, acts of God, wars, riots or other civil insurrections, lawful acts of public authorities, or any delays or defaults which cannot reasonably be foreseen or provided against.
Unforeseen Occurrences. 14.1 In the event that either Party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of fire, natural disaster, action or decrees of Governmental Entities or any other event not within such Party’s reasonable control (a “Force Majeure Event”), the Party who has been so affected shall immediately give written notice to the other Party and shall do everything reasonably possible to resume performance. Upon receipt of such notice, all obligations under the Agreement shall be immediately suspended. If the period of nonperformance exceeds [**] from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate the Agreement. Delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such Force Majeure Events. Any acceptance or warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such Force Majeure Event. As applied to this Section 14 and to determine whether an event is reasonably beyond control of a Party, materials shortages, strikes, slowdowns, other labor related delays or events resulting from a Party’s, its Affiliates or their respective agents negligence, gross negligence, fraud or intentional misconduct are not Force Majeure Events.
Unforeseen Occurrences. In the event of any occurrences not foreseen in these Terms and Conditions and the Exhibition Rules and Regulations, the decision of the Organiser shall be final.
Unforeseen Occurrences. If during the performance of services by STE under this Agreement, any unforeseen hazardous substances or petroleum products or constituents thereof or other unforeseen conditions or occurrences are encountered which in STE's sole judgment significantly affect or may affect the services, the risk involved in providing the services, or the Scope of Work, STE and CLIENT will mutually agree to revise the Agreement to include consideration of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or STE may, at its option, terminate this Agreement effective on the date specified by STE in writing.
