Unforeseen Event definition

Unforeseen Event means an event or circumstance which prevents a Party from complying with any of its obligations under this Agreement or any Customer Agreement (as the case may be) and which that Party: 39.1.1 did not cause; 39.1.2 cannot control or influence; and 39.1.3 cannot prevent or avoid through prudent management processes, policies and precautions, including the use of alternative resources, the procuring of services from another source, and work around plans.

Unforeseen Event means an event beyond the control of a Party (or any person acting on its behalf), which by its nature could not have reasonably been foreseen by such Party (or such person), or, if it could have reasonably been foreseen, could not have been avoided or mitigated against by the use of reasonable measures (including without limitation, the use of reasonable disaster recovery and/or business continuity procedures and/or keeping sensible reserves of stock to smooth out any foreseeable manufacturing or supply issues);

Unforeseen Event means any of the following events not occasioned by the willful misconduct or intentional breach of Lessor, Owner or an Affiliate of either (excluding for this purpose any such Affiliate in its capacity as a manufacturer or service provider) and arising from any cause beyond the reasonable control of Lessor, Owner or an Affiliate thereof (excluding for this purpose any such Affiliate in its capacity as a manufacturer or service provider), including without limitation:

Examples of Unforeseen Event in a sentence

• Neither party shall be liable for any failure or delay in performing its obligations under the Terms and Conditions to the extent that such failure or delay is caused by an Unforeseen Event.

• An Unforeseen Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

• Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such Unforeseen Event has occurred, and upon reaching agreement on accordance thereof deal with it in accordance with the provisions of this Clause 17.10.

• Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such Unforeseen Event has occurred and is continuing, and upon reaching agreement on occurrence thereof deal with it in accordance with the provisions of this Clause 23.13.

• In the event that the Parties are unable to agree in good faith about the occurrence or existence of a Force Majeure Event (or an Unforeseen Event), such Dispute shall be finally settled in accordance with the Dispute Resolution Procedure; provided that the burden of proof as to the occurrence or existence of such Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of such Force Majeure Event.

More Definitions of Unforeseen Event

Unforeseen Event has the meaning set out in clause 47 of Schedule 1;

Unforeseen Event means an event, situation or similar circumstances not contemplated or referred to in this Agreement, which could not have been foreseen by a prudent and diligent person, and the impact of which shall destroy the sub-stratum and economic foundation of the Project.

Unforeseen Event means: (i) an event or circumstance which is, or the effects of which are, unforeseen by, or not contemplated in, the EA, and which could reasonably be expected to lead to demonstrated and observable biophysical, socio-economic, socio-cultural or health damage to environmental, ecological, social or cultural resources or any persons, for which specific mitigation or remedial measures have not been provided in the EMP; or (ii) demonstrated and observable biophysical, socio-economic, socio- cultural or health damage which occurs to environmental, ecological, social or cultural resources or any persons, notwithstanding mitigation and remedial measures provided for in the EMP and implemented by responsible parties; in either case excluding damage: (A) caused primarily by parties other than COTCO, TOTCO and any member of the Upstream Consortium and their construction contractors and services providers (or any such construction contractor’s or services provider’s personnel) including ESSO CHAD, as the Project management company and the services providers parties to the COTCO Services Contract and the TOTCO Services Contract, whose relevant compliance with the EMP is referred to herein unless COTCO, TOTCO and any member of the Upstream Consortium could reasonably be expected to prevent or mitigate such damage; or (B) which would have occurred even had the construction, operation and maintenance of the Project and the Oilfield Development not been taking place, and provided that the references above to mitigation and remedial measures shall not be construed so as to include activities or measures which can further reduce the impact, or improve the performance, of an already accepted mitigation or remedial measure in the EMP;

Unforeseen Event means any event that is reasonably unforeseeable and beyond the University’s control such as fire, lightning, explosions, flood, subsistence, insurrection or civil disorder or military operations, terrorism, government or quasi-government restraint , expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or industrial disputes of any kind and any other cause.

Unforeseen Event bears the meaning given in condition 18.2.

Unforeseen Event means an event that we cannot predict or control (such as war, riot, act of terrorism, natural disaster, fire, explosion, flood, storm or strike or a machine, electronic device or hardware failing to work).

Unforeseen Event means a circumstance beyond the Participant's reasonable control (other than lack of funds for any reason or any strike, lockout and labour disputes), including acts of God, natural disasters, acts of war, riots and strikes outside the Participant's organisation. Unspent means Funds for the Project that have not been spent or Committed by the Participant. WHS Act means the Work Health and Safety Xxx 0000 (Cth).