Litigation Force Majeure definition

Litigation Force Majeure means any action or proceeding before any judicial, adjudicative, or legislative decision-making body, including any administrative appeal, brought by a third party that challenges the validity of any action taken by City in connection with the Project or any findings upon which any of action is predicated; or the validity of any other regulatory approval required in connection with the approval of the Project, ending on the date a judgment, order, or other decision resolving the matter has become final and unappealable. Notwithstanding anything set forth herein, in no event shall any Force Majeure delay continue for longer than two hundred forty (240) days, after which either party may terminate this Agreement by providing written notice to the other party.
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Litigation Force Majeure means any action or proceeding before any court, tribunal, or other judicial, adjudicative or legislative decision- making body, including any administrative appeal, brought by a third party, (a) that seeks to challenge the validity of any action taken by City or University in connection with the Project, including City’s or University’s approval, execution, and delivery of this Agreement or the Ground Lease and its performance hereunder, or other action by University or its Board of Regents or City or any of its commissions approving the execution and delivery of this Agreement, the performance of any action required or permitted to be performed by University or City hereunder, or any findings upon which any of the foregoing are predicated, or (b) which seeks to challenge the validity of any other Regulatory Approval. Performance by a party hereunder shall be deemed delayed or made impossible by virtue of Litigation Force Majeure during the pendency thereof, and until a judgment, order, or other decision resolving such matter in favor of the party whose performance is delayed has become final and unappealable. Under no circumstances shall the delay attributable to an event of Litigation Force Majeure extend beyond twenty-four (24) months unless both Parties in each of their respective sole and absolute discretion expressly waive such limitation. The Parties shall each proceed with due diligence and, shall cooperate with one another to defend the action or proceeding or take other measures to resolve the dispute that is the subject of such action or proceeding.
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Litigation Force Majeure means any action or proceeding before any court, tribunal, arbitration or other judicial, adjudicative or legislation-making body, including any administrative appeal, brought by a third party, who is not an Affiliate or related to Developer, which (i) seeks to challenge the validity of any action taken by the City in connection with the Project, including the City’s approval, execution and delivery of this Agreement, the Ground Lease, and its performance thereunder, including any challenge under the California Environmental Quality Act, the performance of any action required or permitted to be performed by the City hereunder, or any findings upon which any of the foregoing are predicated, or (ii) seeks to challenge the validity of any other Regulatory Approval.
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Examples of Litigation Force Majeure in a sentence

  • In the Litigation Force Majeure Notice, Developer must describe the Litigation Force Majeure Event and provide its good faith estimate of the dates by which Developer will be able to satisfy the Project Schedule, the last of which must be on or before the date that is twenty-four (24) months after the Phase 2 Expiration Date.

  • Developer must deliver a Litigation Force Majeure Notice within thirty (30) days after Developer first learns of the Litigation Force Majeure Event.

  • The Emergency Field Allowance will be paid to staff with air borne roles and air base personnel involved in retardant mixing, aircraft refuelling, aerial drip torch mixing and aircraft marshalling.

  • If Developer cannot satisfy any Project Schedule milestone because of a Litigation Force Majeure Event, then Developer may extend the Exclusive Negotiation Period (a “Litigation Force Majeure Extension”) by notice to City (a “Litigation Force Majeure Notice”).

  • Signature (Seal) ATTACHMENT F SCHEDULE OF PERFORMANCE This Schedule of Performance includes Tenant’s reasonable estimates of completion dates, as well as Outside Dates for performance (subject to Force Majeure and Litigation Force Majeure extensions).

  • Regulatory Force Majeure Events exclude any Litigation Force Majeure Event and any delay occasioned by the direct or indirect action, inaction, or negligence of Developer, any Affiliate of Developer, or any Developer consultant.

  • Performance by a party hereunder shall be deemed delayed or made impossible by virtue of Litigation Force Majeure during the pendency thereof, and until a judgment, order, or other decision resolving such matter in favor of the party whose performance is delayed has become final and nonappealable.

  • No Extension Fee will be payable for any Litigation Force Majeure Extension.

  • Time is of the essence with respect to each required completion date in the Schedule of Performance, subject to the provisions of Section 12.1 relating to Force Majeure and Litigation Force Majeure and subject to the cure provisions of Section 10.1(c).

  • For purposes hereof, “Force Majeure” means events beyond the Delayed Party’s reasonable control that prevent the action that is being delayed, including: acts of nature or of the public enemy; war; acts of the government; fires; floods; tidal waves; epidemics; quarantine restrictions; freight embargoes; earthquakes; unusually severe weather; strikes or other substantial interruption of work because of labor disputes; or an event of Permit Force Majeure or Litigation Force Majeure.


More Definitions of Litigation Force Majeure

Litigation Force Majeure as defined in Section 13.01(c).
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Related to Litigation Force Majeure

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Event of Force Majeure means one of the following events:

  • Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and

  • Force Majeure Period has the meaning specified in Section 13.1.

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Force Majeure Notice means a notice to be given by the Affected Party to the other party stating that a Force Majeure Event has occurred;

  • Force Majeure Exception means any failure or delay in the performance of the Issuer's reporting obligation pursuant to Section 2.4 arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; flood; terrorism; wars and other military disturbances; sabotage; epidemics; riots; loss or malfunctions of utilities, computer (hardware or software) or communication services; accidents; acts of civil or military authority and governmental action. The Issuer shall use commercially reasonable efforts to commence performance of its obligations during any of the foregoing circumstances.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Force Majeure Report means a report to be given by the Affected Party to the other party following the giving of a Force Majeure Notice;

  • Force Majeure Failure has the meaning set forth in Section 8.1(d).

  • Licensed site remediation professional means an individual who is licensed by the Site Remediation Professional Licensing Board pursuant to section 7 of P.L.2009, c.60 (C.58:10C-7) or the department pursuant to section 12 of P.L.2009, c.60 (C.58:10C-12).

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Unplanned Service Interruption means any Service Interruption where events or circumstances prevent the timely communication of prior warning or notice to the Trader or any affected Customer;

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Planned Service Interruption means a Service Interruption that has been scheduled to occur in accordance with schedule 5;

  • Community Developmental Disability Program (CDDP means an entity that is responsible for planning and delivery of services for individuals with developmental disabilities in a specific geographic service area of the state operated by or under a contract with the Division or a local mental health authority.

  • Service Interruption means the cessation of electricity supply to an ICP for a period of 1 minute or longer, other than by reason of De-energisation of that ICP:

  • Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Remediation Period has the meaning specified in Section 8.2(a);

  • Rectification Period means the period of time set out in Section 4.3 of this RFP during which a Proponent will be permitted to rectify its Proposal to satisfy the mandatory submission requirements of this RFP.

  • legal or administrative action means any legal proceeding or arbitration and any administrative or regulatory action or investigation;

  • Continuous Improvement Plan means a plan for improving the provision of the Goods and/or Services and/or reducing the Charges produced by the Supplier pursuant to Framework Schedule 12 (Continuous Improvement and Benchmarking);