Uncontrollable Circumstance means any act, event or condition that is:
Uncontrollable Circumstance means any event which:
Uncontrollable Circumstance is defined in Paragraph 2.2(c) of this Agreement.
Examples of Uncontrollable Circumstance in a sentence
If the Client implements a Capital Improvement Project, such implementation may be considered or lead to an Uncontrollable Circumstance, as more particularly set forth hereunder.
If it is determined that the Company failed the Acceptance Tests and the Company successfully demonstrates that such failure was due to the failure to receive Acceptable Influent, such failure shall constitute an Uncontrollable Circumstance.
No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance.
The Client shall continue to pay the Agreement Price to NSU during the continuance of any Uncontrollable Circumstance.
No such warranty shall relieve the Company of any obligation hereunder, and no failure of any warranted or guaranteed structures, improvements, fixtures, machinery, equipment or material shall be the cause for any increase in the Design-Build Price or non- performance of the Design-Build Work unless such failure is itself attributable to an Uncontrollable Circumstance.
More Definitions of Uncontrollable Circumstance
Uncontrollable Circumstance means one (1) or more of the following specified acts, events, or 622 conditions, whether affecting the Operating Assets, the approved Processing Facility, the 623 Designated Disposal Facility, the County, or the Contractor, to the extent that it materially and 624 adversely affects the ability of the Contractor to perform any obligation under the Agreement 625 (except for payment obligations), if such act, event or condition is beyond the reasonable control, 626 and is not also the result of the willful or negligent act, error, or omission or failure to exercise 627 reasonable diligence on the part of the Contractor, provided however, that the contesting in good 628 faith or the failure in good faith to contest such action or inaction shall not be construed as willful 629 or negligent action or a lack of reasonable diligence of the Contractor:
Uncontrollable Circumstance means any act, event or condition that is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Contract, and that materially interferes with or materially increases the cost or time required for performing its obligations thereunder (other than payment obligations), to the extent that such act, event or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Contract on the part of such Party.
Uncontrollable Circumstance means any act, event or condition that (1) is beyond the reasonable control of the party relying on it, and (2) materially expands the scope of, materially interferes with, materially delays, or materially increases the cost of, performing the party's obligations under this Agreement, but only to the extent that such act, event or condition is not the result of the negligent or intentional act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement on the part of the party claiming the occurrence of an Uncontrollable Circumstance.
Uncontrollable Circumstance means any event or condition which materially alters the rights and obligations of the Parties under this Agreement, or the management, operation or maintenance of the Facility, or the EMPS, which is beyond the reasonable control of or could not reasonably be anticipated by the Party relying thereon as justification for a delay in or non-performance of any obligation of such Party pursuant to this Agreement and shall include but not be limited to:
Uncontrollable Circumstance means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
Uncontrollable Circumstance means an event or condition listed in this definition, whether affecting the Authority, the County or the Contractor, that has, or may reasonably be expected to have, a material adverse effect on the operation of the Transfer Station, if such event or condition is beyond the reasonable control, and not the result of willful or negligent action or a lack of due diligence, of the non-performing party relying thereon as justification for not performing any obligation or complying with any condition required of such party hereunder, for delaying such performance or compliance. The following events or conditions, and no others, shall constitute Uncontrollable Circumstances if they meet the requirements of the preceding sentence: