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 any of:

Examples of Excusing Event in a sentence

• 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”).

• 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.

• In the event that additional days are necessary for the Initial Deployment Services due to Customer electing Additional Services or an Excusing Event, Customer will be billed at the rate of $1,500 per day.

• A Change in Hydro Facility Law shall constitute a Change in Law and a Relief Event (or Excusing Event, as applicable).

• A Change in Legal Obligations that occurs or arises other than as a result of an act or omission of Project Co or a Project Co Person shall constitute a Change in Law and a Relief Event (or an Excusing Event as applicable), unless the Change in Legal Obligation arises or occurs solely as a consequence of a BC Hydro decision, directive or action, in which case such Change in Legal Obligations shall be treated as a Change pursuant to Section 7.1 [Changes Required by BC Hydro].

More Definitions of Excusing Event

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, 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 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 any of the following:

Excusing Event has that meaning as set forth in Article 25.1.1.

Excusing Event means (i) Customer’s act or omission, or an act or omission of an User or third party for which the Customer is responsible, including failure to supply accurate, complete, and timely information when requested; (ii) a Force Majeure Event (as described in Section 13.2 (a)); (iii) routine or emergency maintenance of the Services or Products; (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 Third Party 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 Products.

Excusing Event means that ALS or an Affiliate of ALS is in default of its obligations under this Agreement or under its obligations in any Project Agreements, ALE has given notice to ALS that it intends to treat such default as an Excusing Event, and ALS has not cured such default within ten (10) days after the giving of such notice (or if such default is not reasonably capable of cure within such ten (10) day period, ALS has commenced efforts to have accomplished such cure within such ten (10) day period and is diligently pursuing such cure).