Unforeseen Circumstance definition

Unforeseen Circumstance means any cause or causes which the party asserting the same is not, despite all reasonable efforts, able to prevent or overcome, including, but not limited to, any permitting authority's denial or failure to renew any license or permit, or compliance with any order, injunction or judgment, by any governmental authority, change in law or regulation, acts of God, strikes, lockouts or other labor disputes, riots, civil strife, war, acts of a public enemy, lightning, fires, explosions, severe storms or floods. The financial inability of either party for whatever reason to perform its obligations hereunder shall not constitute an Unforeseen Circumstance.
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Unforeseen Circumstance means any act, event or condition, whether affecting the Facility, the County or the Company, that has, or may reasonably be expected to have, a material adverse effect on the Company or the County, or on any of the Project Agreements or on the Facility or the Site or the testing, operation, ownership or possession of either of them, or on the handling, transportation, removal or disposal of Process Residue, County By-Pass Waste or Unacceptable Waste, if such event or condition is beyond the reasonable control, and not attributable to the Fault of the party (the “Non-Performing Party”) relying thereon as justification for not performing any obligation or complying with any condition required of such party hereunder, except that an Unforeseen Circumstance shall not, except as provided in (d) below, include a labor strike by employees of the Company. Such acts, events or conditions may include, but shall not be limited to, the following:
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Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree.
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Examples of Unforeseen Circumstance in a sentence

  • Subsequent event(s) would be treated as an Unforeseen Circumstance (see Section 6.12 below).

  • Any circumstance relating to Permit Species not addressed by this Agreement is an Unforeseen Circumstance.

  • Deliveries not made or not accepted due to an Unforeseen Circumstance shall not be made up except by mutual agreement by the parties hereto.

  • The inability of either party to perform any obligation under this Agreement due to an Unforeseen Circumstance shall not constitute a breach of any such obligation during the pendency of the Unforeseen Circumstance.

  • Notwithstanding the foregoing, in the event of an Unforeseen Circumstance that limits Seller's ability to deliver coal to Buyer, Seller shall allow Buyer access to the Reserve Inventory (or another source identified by Seller) so that Buyer can transport coal from the Reserve Inventory (or coal in the same quantity on a Btu basis from such other source) to the Facility with its own trucks.

  • If USFWS believes an Unforeseen Circumstance exists, it shall provide written notice of its finding of Unforeseen Circumstances to the Conservancy.

  • In agreements or contracts entered into between Seller and any customer other than Buyer, Seller has not committed and shall not commit to any such customer that it would have first call on any coal similar in quality to the coal required to be delivered under this Agreement during an Unforeseen Circumstance.

  • During any period in which mining, preparing, loading, delivering and/or selling coal by Seller hereunder is curtailed as a result of an Unforeseen Circumstance and Seller cannot deliver all of the requirements of coal under this Agreement, Seller may, as a minimum, prorate its available coal from its Operations among all of Seller's customers of its Operations, including Buyer, in proportion to its prior commitments to such customers.

  • If a Wildlife Agency finds that an Unforeseen Circumstance has occurred with regard to a Covered Species and that additional measures are required for the Covered Species as a result, during the period necessary to determine the nature, scope and location of any additional measures, the Permittees will avoid causing an appreciable reduction in the likelihood of the survival and recovery of the affected species.

  • The party whose performance under this Agreement has been affected by an Unforeseen Circumstance shall provide prompt written notice of the occurrence and of the cessation of such Unforeseen Circumstance to the other party.


More Definitions of Unforeseen Circumstance

Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (signature) (print name) (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (signature) (print name) (Title) Address for Notice: HCP Production Commitments for Rock Island Project Initial Production Levels Calculated 7% Species Original Passage Inundation1 Losses2 Total Production Levels3 Rearing Facility Spring chinook 672,000 672,000 298,853 EB 144,000 144,000 Methow Steelhead 200,000 200,000 51,275 EB Summer/fall chinook Yearlings 1,640,000 1,640,000 541,385 EB Subyearlings Sockeye 200,000 200,000 571,040 EB EB=Eastbank 1 Compensates for original inundation by the Project. These amounts are not subject to recalculation, and are provided in addition to the levels necessary to compensate for Unavoidable Project Mortality.
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Unforeseen Circumstance means an event, exclusive of Per Diem Rate adjustment ----------------------- and compensation for additional services as set forth in Article 8, beyond the reasonable contemplation of both parties (a mutual mistake of a material nature) at the time of the execution of this Contract that materially alters the financial conditions or the purpose upon which the Management Agreement is based.
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Unforeseen Circumstance means an unexpected event or situation that is not reasonably anticipated by a contractor exercising due diligence given existing knowledge of industry practice. Section 1004.3 Grounds for Debarment (a) The board of the Authority, including all contracting personnel therein, must may debar a contractor pursuant to section 1004.6 if it makes approves a final determinationrecommendation to debar by a hearing panel made pursuant to section 1004.5 and 1004.6, including that the contractor has:
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Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (Title) Address for Notice:
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Unforeseen Circumstance is defined by 50 CFR 222.102 (2001), and implemented according to 50 CFR 222.307(g) (2001). If these regulations are modified, the modified regulations will apply only to the extent the modifications were required by subsequent action of Congress or court order, unless the Parties otherwise agree. Dated CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION By (Title) Address for Notice: Dated CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION By (Title) Address for Notice: Dated AMERICAN RIVERS, INC., a Washington D.C., nonprofit corporation By (Title) Address for Notice:
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Related to Unforeseen Circumstance

  • Change in Circumstance means any significant change to you, including but not limited to:

  • Exigent Circumstance means a Covered Person either has a Condition that may seriously jeopardize his or her life, health, or ability to regain maximum function or is undergoing a current course of treatment using a non-Formulary medication. The request for an expedited review should include the following support:

  • Exigent Circumstances means circumstances where collection or disclosure is urgently necessary, such that procedures that would otherwise be required cannot be followed.

  • Extraordinary Circumstances means floods, snow, ice storms, tornadoes, earthquakes, or other

  • Special Circumstance means an event where, in the opinion of the Bank acting reasonably and in good faith, an amendment or a change is made to a taxation act or regulation, to taxation practices, policies or administration, to the interpretation of a taxation act or regulation or taxation practice, policy or administration; or an event occurs, now or in future, caused by circumstances beyond the control of the Bank making it illegal or disadvantageous, from a legislative or regulatory point-of-view, or disadvantageous, from a financial point- of-view, for the Bank to allow the Deposits of such series to remain outstanding. As provided hereunder, certain other extraordinary events affecting the underlying interest may be deemed to constitute a Special Circumstance and entitle the Bank to proceed with a Reimbursement Under Special Circumstances.

  • Special Circumstances means either or both of the following:

  • Aggravated circumstances means circumstances in which a parent:

  • Exceptional Circumstances : shall mean one or more unavoidable circumstances, as determined by the ISO, that individually or collectively render as unavailable the data necessary for the ISO to perform an audit and review of a Market Party, pursuant to Section 23.4.5.6.2 of this Services Tariff. Exceptional Circumstances may include, but are not limited to: the inaccessibility of the physical facility; the inaccessibility of necessary documentation or other data; and the unavailability of information regarding the regulatory obligations with which the Market Party will be required to comply in order to return its Generator to service which regulatory obligations are not yet known but which will be made known by the applicable regulatory authority under existing laws and regulations provided that none of the above described circumstances are the result of delay or inaction by the Market Party. The magnitude of the repair cost, alone, shall not be an Exceptional Circumstance.

  • Extenuating Circumstances means the inability to perform at an optimum level arising from one or more of the reasons set out in clause 6.1.

  • Uncontrollable Circumstance means any act, event or condition that is:

  • Circumstance means an incident, fact, occurrence, matter, act or omission that may give rise to a Claim in the context of civil liability;

  • Reimbursement Under Special Circumstances means a special reimbursement of the Deposits, prior to the Maturity Date, in the circumstances and the manner described under “Extraordinary Events and Special Circumstances – Reimbursement Under Special Circumstances and Payment”.

  • Unforeseen means not anticipated or expected and occurring after the effective date of coverage.

  • Unforeseeable means not reasonably foreseeable by an experienced contractor by the Base Date.

  • Reasonable in the circumstances means using no more force than is needed.

  • Special Eurodollar Circumstance means the application or adoption after the Closing Date of any Law or interpretation, or any change therein or thereof, or any change in the interpretation or administration thereof by any Governmental Agency, central bank or comparable authority charged with the interpretation or administration thereof, or compliance by any Lender or its Eurodollar Lending Office with any request or directive (whether or not having the force of Law) of any such Governmental Agency, central bank or comparable authority.

  • Unforeseeable Financial Emergency means an unanticipated emergency that is caused by an event beyond the control of the Participant that would result in severe financial hardship to the Participant resulting from (i) a sudden and unexpected illness or accident of the Participant or a dependent of the Participant, (ii) a loss of the Participant's property due to casualty, or (iii) such other extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant, all as determined in the sole discretion of the Committee.

  • Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

  • Material Change in Formula means the occurrence since the Launch Date of a material change in the formula for, or the method of, calculating the Reference Price.

  • Force Majeure Event means an event beyond the reasonable control of any party including an outbreak of a serious disease or epidemic, or quarantine or other public health emergencies, fire, flood, earthquake, explosion or other casualty or accident or act of God, or war or other violence, strike, lock-out, labour dispute, acts of any governmental body, war, insurrection, sabotage, embargo, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or inability to obtain raw materials, supplies or power.

  • Functional impairment means both of the following:

  • Unusual Incident means those incidents involving serious illness or accidents, death of an individual, injury or illness of an individual requiring inpatient or emergency hospitalization, suicide attempts, a fire requiring the services of a fire department, or any incident requiring abuse investigation.

  • Problem means an unknown underlying cause of one or more Incidents. It becomes a Known Error when the root cause is known and a temporary workaround or permanent alternative has been identified.

  • Crisis means a situation in which a student engages in a behavior that threatens the health and safety of the student or others and includes without limitation a situation in which the student becomes aggressive or violent at school and is unable to regain self-control without posing a danger of injury to himself or herself or others.

  • Disaster means a sudden emergency occurrence beyond the control of the licensee, whether natural, technological, or man-made, that renders the licensee unable to operate the facility or makes the facility uninhabitable.

  • Event shall have the meaning set forth in Section 2(d).