Excusable Cause definition

Excusable Cause shall have the meaning described in Article 9.1.
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Excusable Cause shall have the meaning set forth below:
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Excusable Cause means an event of Force Majeure which is beyond the --------------- control of the Operator and not caused by the act, omission or negligence of Operator or its Subcontractors.
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Examples of Excusable Cause in a sentence

  • Each party shall use due diligence and all reasonable efforts to cure any Excusable Cause preventing its performance and to resume performance.

  • In no event shall there be any Excusable Cause for the failure to meet a monetary obligation.

  • In the event either party reasonably believes that its performance hereunder may be delayed, impaired, or prevented by any Excusable Cause, such party shall (a) promptly notify the other party of the possibility of such Excusable Cause, and (b) if the notifying party is SELLER, use its commercially reasonable efforts to assist BUYER in procuring Products from other sources, provided in either case that such alternative arrangements are reasonably acceptable to BUYER.

  • Strikes or other labor stoppages, slowdowns or disputes ("Labor Cause") are expressly excluded from the definition of Excusable Cause and Labor Cause shall not excuse SELLER's failure to perform or delay in performing.

  • If SELLER has not cured any Excusable Cause applicable to it within sixty (60) days, BUYER may terminate this Agreement without further liability to either party.

  • If GKN’s performance of any of its obligations under the Contract is prevented or delayed as a result of an event or occurrence beyond its reasonable control (an “Excusable Cause”), GKN shall be excused from the performance of any of its obligations under the Contract to the extent the Excusable Cause prevents or delays GKN's performance of any of those obligations.

  • If GKN’s performance of any of its obligations under the Contract is prevented or delayed as a result of an event or occurrence beyond its reasonable control (an “Excusable Cause”), GKN shall be excused from the performance of any of its obligations under the Contract to the extent the Excusable Cause prevents or delays GKN's performance of any of those obligations;.

  • An Excusable Cause shall not include the Defaulting Party suffering an Insolvency Event or a lack of financial resources; any change in cost or availability of Materials based on market conditions; any contract dispute with Sub-Suppliers; or any strike or other industrial action applicable to the Supplier, its Subcontractors or Sub- Suppliers (and the Supplier assumes these risks not withstanding any Applicable Law relating to force majeure, commercial impracticability or otherwise).

  • Where the Supplier is the Defaulting Party, during any delay caused by an Excusable Cause, GKN may purchase substitute goods or services from other available sources, in which case any quantities GKN is required to purchase under the Contract will be reduced by the quantities of such substitute goods or services and the Supplier shall reimburse GKN for any additional costs of obtaining such substitute goods or services.

  • Unless the delay is due to an Excusable Cause under Section 16, you will pay, in addition to standard freight charges, any premium freight charges for delayed items.


More Definitions of Excusable Cause

Excusable Cause means the following acts or events, but only to the extent that (i) they shall not have been caused by Contractor or any of its subcontractor or materialman, (ii) they shall, in fact, have materially adversely affected the progress of the Work and (iii) Contractor shall have given written notice to Owner of their occurrence within [NUMBER OF DAYS 3] after their occurrence and again within [NUMBER OF DAYS 4] after their cessation, each such notice describing in detail the act or event and its precise effect on the Work: (X) failure by Owner to perform any of its obligations hereunder; and (Y) any willful misconduct or negligent act or omission of by Owner.
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Excusable Cause has the meaning set out in Schedule 4.
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Excusable Cause means any of the following causes:
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Excusable Cause any of the causes set out in paragraph 6
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Related to Excusable Cause

  • Probable cause means that there is a substantial objective basis for believing that, more likely than not, an offense has been committed and a person to be arrested has committed it.

  • Constructive Termination means:

  • Constructive Termination Without Cause means a termination of the Executive's employment at his initiative as provided in this Section 10(c) following the occurrence, without the Executive's written consent, of one or more of the following events (except as a result of a prior termination):

  • Voluntary Termination means termination by the Employee of the Employee's employment with the Company, excluding termination by reason of Employee's death or disability as described in Sections 2.5 and 2.6.

  • Reasonable cause as used in this policy means an articulable belief based on specific facts and reasonable inferences drawn from those facts that an employee is more likely than not under the influence of controlled substances or alcohol or has used drugs or alcohol in violation of this policy. Circumstances which can constitute a basis for determining "reasonable cause" may include, but are not limited to:

  • Voluntary Termination for Good Reason means the Employee voluntarily resigns after the occurrence of any of the following (i) without the Employee’s express written consent, a material reduction of the Employee’s duties, title, authority or responsibilities, relative to the Employee’s duties, title, authority or responsibilities as in effect immediately prior to such reduction, or the assignment to Employee of such reduced duties, title, authority or responsibilities; provided, however, that a reduction in duties, title, authority or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Senior Vice-President of a business unit of the Company remains as such following a Change of Control) shall not by itself constitute grounds for a “Voluntary Termination for Good Reason;” (ii) without the Employee’s express written consent, a material reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) a reduction by the Company in the base salary of the Employee as in effect immediately prior to such reduction; (iv) a material reduction by the Company in the aggregate level of employee benefits, including bonuses, to which the Employee was entitled immediately prior to such reduction with the result that the Employee’s aggregate benefits package is materially reduced (other than a reduction that generally applies to Company employees); (v) the relocation of the Employee to a facility or a location more than thirty-five (35) miles from the Employee’s then present location, without the Employee’s express written consent; (vi) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 7(a) below; or (vii) any act or set of facts or circumstances which would, under California case law or statute constitute a constructive termination of the Employee.

  • Termination for Cause means termination because of: (1) Executive's personal dishonesty, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule, regulation (other than traffic violations or similar offenses), final cease and desist order or material breach of any provision of this Agreement which results in a material loss to the Institution or the Holding Company, or (2) Executive's conviction of a crime or act involving moral turpitude or a final judgement rendered against Executive based upon actions of Executive which involve moral turpitude. For the purposes of this Section, no act, or the failure to act, on Executive's part shall be "willful" unless done, or omitted to be done, not in good faith and without reasonable belief that the action or omission was in the best interests of the Institution or its affiliates. Notwithstanding the foregoing, Executive shall not be deemed to have been terminated for Cause unless and until there shall have been delivered to him a Notice of Termination which shall include a copy of a resolution duly adopted by the affirmative vote of not less than three-fourths of the members of the Board at a meeting of the Board called and held for that purpose (after reasonable notice to Executive and an opportunity for him, together with counsel, to be heard before the Board), finding that in the good faith opinion of the Board, Executive was guilty of conduct justifying Termination for Cause and specifying the particulars thereof in detail. The Executive shall not have the right to receive compensation or other benefits for any period after Termination for Cause. During the period beginning on the date of the Notice of Termination for Cause pursuant to Section 8 hereof through the Date of Termination, stock options and related limited rights granted to Executive under any stock option plan shall not be exercisable nor shall any unvested awards granted to Executive under any stock benefit plan of the Institution, the Holding Company or any subsidiary or affiliate thereof, vest. At the Date of Termination, such stock options and related limited rights and any such unvested awards shall become null and void and shall not be exercisable by or delivered to Executive at any time subsequent to such Termination for Cause.

  • Due Cause means any of the following events:

  • Just Cause means:

  • Involuntary Termination Without Cause means Executive’s dismissal or discharge other than for Cause. The termination of Executive’s employment as a result of Executive’s death or disability will not be deemed to be an Involuntary Termination Without Cause.

  • justifiable cause means: any failure or refusal to perform any of the duties pursuant to this Agreement or any breach of this Agreement by the Executive; Executive’s breach of any material written policies, rules or regulations which have been adopted by the Company; Executive’s repeated failure to perform his duties in a satisfactory manner; Executive’s performance of any act or his failure to act, as to which if Executive were prosecuted and convicted, a crime or offense involving money or property of the Company or its subsidiaries or affiliates, or a crime or offense constituting a felony in the jurisdiction involved, would have occurred; any unauthorized disclosure by Executive to any person, firm or corporation of any confidential information or trade secret of the Company or any of its subsidiaries or affiliates; any attempt by Executive to secure any personal profit in connection with the business of the Company or any of its subsidiaries and affiliates; or the engaging by Executive in any business other than the business of the Company and its subsidiaries and affiliates which interferes with the performance of his duties hereunder. Upon termination of Executive’s employment for justifiable cause, this Agreement shall terminate immediately and Executive shall not be entitled to any amounts or benefits hereunder other than such portion of Executive’s annual base salary and reimbursement of expenses pursuant to Section 5 hereof as have been accrued through the date of his termination of employment.

  • Termination for Good Reason means a Termination of Employment by Executive for a Good Reason.

  • Good Reason means:

  • Good Reason Termination means a termination of employment or service initiated by the Participant upon or after a Change of Control upon one or more of the following events:

  • For Cause means:

  • Without Cause Termination or “Terminated Without Cause” means termination of the Executive’s employment by the Company other than due to death, disability, or Termination for Cause.

  • Notice of Termination for Good Reason shall have the meaning set forth in Section 1(t).

  • Termination for Just Cause means termination because of Executive’s personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.

  • Automatic Termination shall have the meaning set forth in Section 2.3.2.

  • Termination Other Than For Cause means termination by the Company of Employee's employment by the Company for reasons other than those which constitute Termination for Cause.

  • Involuntary Termination means a termination of your employment with the Company pursuant to either (i) a termination initiated by the Company without Cause, or (ii) your resignation for Good Reason, and provided in either case such termination constitutes a Separation from Service. An Involuntary Termination does not include any other termination of your employment, including a termination due to your death or disability.

  • Termination Without Cause means a Separation as a result of a termination of the Executive’s employment by the Company without Cause and other than as a result of Disability.

  • Termination With Cause and “Cause” shall have the same meaning specified in any effective severance or employment agreement existing on the date hereof or hereafter entered into between the Executive and the Bank. If the Executive is not a party to a severance or employment agreement containing a definition of termination with cause, Termination with Cause means the Bank terminates the Executive’s employment for any of the following reasons –

  • Substantial cause means Employee’s (1) failure to substantially perform Employee’s duties; (2) material breach of this Agreement; (3) misconduct, including but not limited to, use or possession of illegal drugs during work and/or any other action that is damaging or detrimental in a significant manner to the Company; (4) conviction of, or plea of guilty or nolo contendere to, a felony; or (5) failure to cooperate with, or any attempt to obstruct or improperly influence, any investigation authorized by the Board of Directors or any governmental or regulatory agency.

  • Constructively Terminated means, unless otherwise specified by the Committee in the Award Agreement, a voluntary termination of employment by an Employee within ten (10) business days after any of the following actions by the Company, an Affiliate, or a person acting on behalf of either:

  • Disability or Disabled means that during the Elimination Period and your Own Occupation Period you are, as a result of Physical Disease, Injury, Mental Disorder, Substance Abuse or Pregnancy, unable to perform one or more of the Material Duties of your Own Occupation, and, due to such inability, your Work Earnings are less than 80% of your Indexed Predisability Earnings, and you are incapable of earning 80% or more of your Indexed Predisability Earnings. Your Work Earnings may be Deductible Income. See the “LTD Benefit Calculation” and “Deductible Income” sections.