Excusing Event definition
Excusing Event means any of the following events or circumstances if it occurs on or after the Service Commencement Date and interferes adversely with, or causes a failure of, the performance of the Services or causes an Unavailability Event:
Excusing Event means any events which was unforeseeable at the time this Contract was signed, the occurrence and consequences of which cannot be avoided or overcome, and which arises after the Effective Date and prevents total or partial performance of this Contract by any Party of its commitments under this Contract. Such events shall include earthquakes, typhoons, flood, fire, war, failures of international or domestic transportation, acts of government or public agencies, epidemics, civil disturbances, strikes and any other instances which cannot be foreseen, avoided or overcome, including instances which are accepted as force majeure in general international commercial practice.
Excusing Event means (i) Organisation’s act or omission, or an act or omission of an Authorised User or third party for which Organisation is responsible, including, without limitation, failure to supply accurate, complete, and timely information when requested; (ii) a Force Majeure Event; (iii) maintenance of the Services and Licenses in accordance with these Terms; (iv) defects in, or failure, destruction, theft, loss or incorrect configuration of, third-party software or equipment not provided by WeBill, including, without limitation, Organisation Equipment, or the termination or expiry of Organisation’s rights to use same; (v) inability of WeBill to procure the necessary dependent technology or other resources on commercially reasonable terms; (vi) compliance with Applicable Laws or requestsof governmental entities that adversely and materially affects WeBill’s ability to provide the Services and Licenses;(vii) any failure by Organisation to comply with WeBill’s reasonable instructions in relation to the modification of the Organisation Equipment; or (viii) any other event outside of the reasonable control of WeBill.
Examples of Excusing Event in a sentence
Without limiting the generality of the foregoing, the implementation of a Change, to the extent Project Co has identified the effect on the Services and such effect has been documented in a Change Certificate, but without duplication of relief that may be provided in a Change Certificate, will constitute an Excusing Event.
In the event that the transaction cannot be considered unlawful or invalid per se, but the obligation performan- ce of one Party has become impossible or excessively burdensome, the Contract shall be suspended until the Excusing Event is terminated, and the Parties will commit to minimize any prejudice resulting from such suspension.
HGC reserves the right to suspend or restrict Client's access to the Services, by first providing to Client a suspension notice if (i) Client breaches this Agreement; (ii) Client violates the AUP; (iii) Client fails to pay any undisputed Fees when due; or (iv) as the result of any Excusing Event (collectively, “Service Suspensions”).
HGC has the right to suspend or restrict the Customer’s access to or utilization of the Subscription Service or the Professional Service immediately without notice to the Customer if (i) the Customer breaches any of these Sales Terms, the relevant Contract or the relevant Customer Order; (ii) the Customer violates the AUP; (iii) the Customer fails to pay any undisputed Charges when due; or (iv) as the result of any Excusing Event (collectively, “Service Suspension”).
Notwithstanding anything to the contrary herein, Tantalus shall not be responsible for nor have any liability to Customer for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by or results from an Excusing Event.
More Definitions of Excusing Event
Excusing Event means any of:
16.8.1. Your acts or omissions or those of a third party for which you are responsible, including failure to supply accurate, complete, and timely information when requested;
16.8.2. A force majeure event;
16.8.3. Routine maintenance and planned downtimes of the Services, any other scheduled downtime agreed to by the Parties or emergency or unscheduled maintenance of the Services;
16.8.4. Defects in Third Party Software or loss of license rights or restrictions imposed by third party licensors with respect to Third Party Software;
16.8.5. Unavailability of necessary technology or other resources on commercially reasonable terms;
16.8.6. Issues including configuration issues with any operating system, database, application, network, hardware, infrastructure, or other code or materials not provided by us;
16.8.7. Any act or omission of a third party that is not caused by us (for example, hacking, denial of service attacks and the introduction of malware including viruses);
16.8.8. Compliance with any applicable law or requests of governmental entities that adversely affects our ability to provide the Services.
Excusing Event means any event which was unforeseeable at the time this Contract was signed, the occurrence and consequences of which cannot be avoided or overcome, and which arises after the Effective Date and prevents total or partial performance by any Party or the Company of any of its commitments under this Contract.
Excusing Event means, in respect of a School, any of the following events or circumstances if it occurs on or after the School Service Commencement Date and interferes adversely with, or causes a failure of, the performance of the Services or causes an Unavailability Event in respect of such School:
Excusing Event means any of the following:
Excusing Event means (i) Licensee’s act or omission, or an act or omission of an Authorised User or third party for which Licensee is responsible, including, without limitation, failure to supply accurate, complete, and timely information when requested; (ii) a Force Majeure Event; (iii) maintenance of the Services in accordance with these Terms; (iv) defects in, or failure, destruction, theft, loss or incorrect configuration of, third-party software or equipment not provided by WeBill, including, without limitation, Licensee Equipment, or the termination or expiry of Licensee’s rights to use same; (v) inability of WeBill to procure the necessary dependent technology or other resources on commercially reasonable terms; (vi) compliance with Applicable Laws or requests of governmental entities that adversely and materially affects WeBill’s ability to provide the Services; (vii) any failure by Licensee to comply with WeBill’s reasonable instructions in relation to the modification of the Licensee Equipment; or (viii) any other event outside of the reasonable control of WeBill.
Excusing Event means any of:
i. Your acts or omissions or those of a third party for which you are responsible, including failure to supply accurate, complete, and timely information when requested;
ii. A force majeure event;
iii. Routine maintenance and planned downtimes of the Services, any other scheduled downtime agreed to by the Parties or emergency or unscheduled maintenance of the Services;
iv. Defects in Third Party Software or loss of license rights or restrictions imposed by third party licensors with respect to Third Party Software;
v. Unavailability of necessary technology or other resources on commercially reasonable terms;
vi. Issues including configuration issues with any operating system, database, application, network, hardware, infrastructure, or other code or materials not provided by us;
vii. Any act or omission of a third party that is not caused by us (for example, hacking, denial of service attacks and the introduction of malware including viruses);
viii. Compliance with any applicable law or requests of governmental entities that adversely affects us’ ability to provide the Services.
Excusing Event means (i) Customer’s act or omission, or an act or omission of an User or third party for which Customer is responsible, including failure to supply accurate, complete, and timely information when requested; (ii) a Force Majeure Event (as described in Section 12.2 (a)); (iii) routine or emergency maintenance of the Services or Online Courses; (iv) defects in Third Party Software or HGC’s loss of license rights or restrictions imposed by third party licensors with respect to Third Party Software; (v) unavailability of necessary technology or other resources on commercially reasonable terms; (vi) any operating system, database, application or other code or materials not provided by HGC, including configuration issues in connection with the foregoing; (vii) any act or omission of a third party that is not caused by HGC (for example, hacking, denial of service attacks and the introduction of viruses), provided that HGC uses reasonable efforts to maintain current versions of Software patches; (viii) compliance with any applicable law or requests of governmental entities; (ix) any scheduled maintenance; or (x) any destruction, damage, loss or theft of or to any HGC’s equipment or materials; in each case that adversely and materially affects HGC’s ability to provide the Services or Online Courses.