Uncontrollable Circumstances means: any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, acts of other governing authorities, fire, flood, earthquakes, weather, lightning, epidemic, war, terrorism, riot, civil disturbance, sabotage, police action, inability to procure permits, licenses, or authorizations from any state, local, or federal agency, strikes, work slowdowns or other labor disturbances, and judicial restraint. In the event of an uncontrollable circumstance, the party unable to perform shall immediately notify the other party and shall resume performance of its obligations immediately upon cessation of the uncontrollable circumstance. In the event the Building or any part thereof shall be destroyed or damaged by fire or any other uncontrollable circumstances and such destruction or damage shall render the fulfillment of this Agreement by the University reasonably or practically impossible, then and thereupon this Agreement shall terminate and the Renter shall pay rental for the Premises only up to the time of such termination at the rate herein specified. Renter hereby waives any claim for damages or compensation should this Agreement be so terminated.
Uncontrollable Circumstances means a delay resulting from a cause over which the Party required to make performance does not have control and that cannot or could not have been avoided by the exercise of reasonable care, including acts of God, accidents, war, civil unrest, embargoes, strikes, litigation, and delays of other Parties in the performance of its obligations under or incidental to this Agreement.
Uncontrollable Circumstances means occurrences beyond Tenant Declarant’s reasonable control, and for which Tenant Declarant has taken all steps within Tenant Declarant’s control reasonably necessary to control or minimize, which cause delay in the performance of obligations under this Declaration, including, without limitation, delays resulting from (A) governmental restrictions, limitations, regulations or controls (provided that such are other than ordinary restrictions, limitations, regulations or controls); (B) orders of any court of competent jurisdiction (including, without limitation, any litigation which results in an injunction or a restraining order prohibiting or otherwise delaying the construction of any portion of the Subject Property); (C) labor disputes (including strikes, lockouts not caused by Tenant Declarant, slowdowns and similar labor problems); (D) acts of God (including severe weather conditions); (E) war, sabotage, hostilities, invasion, insurrection, riot, acts of terrorism, mob violence, malicious mischief, embargo, quarantines, national, regional or local disasters, calamities or catastrophes, national emergencies, enemy or hostile governmental action, civil disturbance or commotion, earthquake, flood, fire or other casualty; (F) a taking of the whole or any relevant portion of the Subject Property by condemnation or eminent domain; (G) soil conditions that could not have been foreseen that substantially delay construction of any relevant portion of the Subject Project or substantially impair the ability to develop the Subject Property in the manner contemplated by this Declaration; (H) denial to Tenant Declarant by any party of a right of access to any adjoining real property or to the Subject Property which right is vested in Tenant Declarant, by contract or pursuant to applicable law, if such access is required to accomplish the obligations of Tenant Declarant pursuant to this Declaration; (I) inability of a public utility to provide power, heat or light or any other utility service, despite reasonable efforts by Tenant Declarant to procure same from the utility; and, (J) any extraordinary material delay by any department or agency of the City, State of New York or United States government in the issuance of approvals required in order to permit Tenant Declarant to carry out its obligations under this Declaration that is not caused by any act or omission of the Tenant Declarant, as determined by the Chair in accordance with this Section 10(e). In no event...
Examples of Uncontrollable Circumstances in a sentence
Uncontrollable Circumstances Either party's performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or make impractical by: (a) the acts or omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party.
If recommended by the Authorized City Representative, the City may, upon receipt of the Company’s final Requisition and without terminating the Design-Build Period, make payment of the balance due for that portion of the Design-Build Work fully completed and accepted, if Final Completion is significantly delayed due to Uncontrollable Circumstances.
With respect to any Extra Design-Build Work necessitated by Uncontrollable Circumstances, the Company agrees to a reduced profit with respect thereto as set forth in Schedule 22 hereto.
However, Franchisee does not waive any defense of Uncontrollable Circumstances.
More Definitions of Uncontrollable Circumstances
Uncontrollable Circumstances 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 of performing its obligations hereunder (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 Circumstances means Acts of God including landslides, lightning, storms, floods, freezing, and earthquakes; forest fires; civil disturbances; strikes; lockouts or other industrial disturbances; acts of the public enemy; wars; blockades; public riots; breakage; explosions; accident to machinery, pipelines or materials; power failure; governmental restraint; damage to or destruction of the Facility as a result of events such as those described herein; or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of the party whose ability to perform under this Agreement is impaired or prevented by the Uncontrollable Circumstances event.
Uncontrollable Circumstances means an act of nature such as
Uncontrollable Circumstances means any cause beyond the reasonable control of, and not due to the fault or negligence of, the affected Party, including acts of God, drought, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes or labor disputes, delays or failures in transportation (including due to extreme road conditions from inclement weather), orders or judgments of any governmental authority, the absence, suspension, termination, interruption, denial, delay in issuance, or failure of renewal of any permit, any changes in Laws, and any casualty event or similar occurrence having a direct, material adverse effect on the Facility’s ability to accept Feedstock or on WCC’s Site’s ability to accept waste materials or to process the waste materials into Feedstock. Uncontrollable Circumstances includes the failure of a contractor, subcontractor or vendor to furnish labor, services, materials or equipment in accordance with its contractual obligations (but solely to the extent such failure is itself due to a Uncontrollable Circumstance of the type described in this definition).
Uncontrollable Circumstances means any cause beyond the reasonable control of, and not due to the fault or negligence of, the affected Party, including drought, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes or labor disputes, delays or failures in transportation (including due to extreme road conditions from inclement weather), orders or judgments of any governmental authority, the absence, suspension, termination, interruption, denial, delay in issuance, or failure of renewal of any permit, or any changes in Laws. Uncontrollable Circumstances includes the failure of a contractor, subcontractor or vendor to furnish labor, services, materials or equipment in accordance with its contractual obligations (but solely to the extent such failure is itself due to an Uncontrollable Circumstance of the type described in this definition).
Uncontrollable Circumstances means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of a human being such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts.
Uncontrollable Circumstances means any act of terrorism, act of God, landslides, lightning, forest fires, storms, floods, typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or the imminent threat of such natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, labor unrest (e.g., strikes, lockouts, or other labor disturbances), acts of domestic or foreign governments or governmental restraint or other causes, whether of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably within the control of a party.