Common use of Force Majeure Clause in Contracts

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service.

Appears in 35 contracts

Samples: Assignment Agreement, Assignment Agreement, www.dms.myflorida.com

Force Majeure. Except for the payment Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of money due, neither party any obligation contained herein shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant excused to the terms and conditions of the Contract and the extent such failure or non- performance is caused by, or is in connection with, by force majeure . The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved . For purposes of this Contract Agreement, the term " force majeure " shall mean acts any cause or events agency preventing performance of an obligation which is beyond the reasonable control of the parties either Party hereto, including including without limitation, but not limited to fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of God governmental authority (including, strikes without limitation, lockouts acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or other industrial disturbances failure in obtaining raw materials, riots supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, epidemics explaining the nature and expected duration thereof, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage shall act diligently to remedy the interruption or delay if it is reasonably capable of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome being remedied. In the event of a force majeure condition exists situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the potential exists for such condition, the Contractor shall inform the Department resumption of the problem at the earliest practical time and present a plan for return to normal service performance.

Appears in 32 contracts

Samples: Master Price Agreement, Master Price Agreement, Agreement For

Force Majeure. Except for If, between the payment Proceed Order and the Material Completion and Occupancy Date, as amended, the Contractor is unable to perform or is delayed in the performance of money due, neither party shall be deemed in breach or default any of the terms and provisions of this Contract as a result of (i) governmental preemption of materials in connection with a national emergency declared by the event that either party fails to perform pursuant to the terms and conditions President of the Contract and the failure is caused by United States; (ii) riot, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to insurrection, acts of terror or terrorism or other civil disorder affecting performance of the Work; or (iii) earthquakes, or unusual and extreme weather conditions constituting Acts of God, strikes then, lockouts and in any such event, such inability or delay shall be excused, and the time for completing the affected portions of the Project (and the entire Project, if applicable) shall be extended for such reasonable period of time as the delay has affected the performance of the Work hereunder. Contractor shall take all reasonable actions to minimize the delay caused by any of the above factors, and shall notify Owner in writing with a copy to the Design Professional of any event allowing for excuse or delay not later than seven days after the Contractor first becomes aware of the event, or other industrial disturbances should have become aware, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class event; otherwise Contractor will be deemed to have waived the excuse or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service delay.

Appears in 30 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Force Majeure. Except for If the payment of money due, neither party Design Professional shall be deemed unable to perform or shall be delayed in breach or default the performance of any of the terms and provisions of this Contract as a result of (i) governmental preemption of materials or services in connection with a national emergency declared by the event that either party fails to perform pursuant to the terms and conditions President of the Contract United States; (ii) riot, insurrection, or other civil disorder, acts of terror or terrorism affecting performance of the Work; or (iii) unusual and extreme weather conditions constituting Acts of God, then, and in any such event, such inability or delay shall be excused, and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to time for completing the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes affected portions of this Contract, the term "force majeure" Project (and the entire Project, if applicable) shall mean acts or events beyond be extended for such reasonable period of time as the control delay has affected the performance of the parties Work hereunder. The Design Professional shall take all reasonable actions to minimize the delay caused by any of the above factors, including, but and shall notify the Owner in writing of any event allowing for excuse or delay not limited to, acts later than seven (7) calendar days after the event the Design Professional first becomes aware of God, strikes, lockouts the event, or other industrial disturbances should have become aware, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class event; otherwise the Design Professional will be deemed to have waived the excuse or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service delay.

Appears in 30 contracts

Samples: Design Professional Contract, Design Professional Contract, Design Professional Contract

Force Majeure. Except for the payment If by reason of money due Force Majeure, neither either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall be deemed give notice and full particulars of Force Majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause for suspension relied upon, performance shall resume (or commence) and the obligation of the party giving such notice, so far as soon as reasonably practicable it is affected by such Force Majeure, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within suspended during the discretion continuance of the particular inability then claimed, except as hereinafter provided, but for no longer period, and such party involved shall endeavor to remove or overcome such inability with all reasonable dispatch. For purposes of this Contract The term Force Majeure as employed herein, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots , ; epidemics , ; landslides , ; lighting; earthquake; fires; hurricanes; storms; floods , fires, ; washouts , arrests ; droughts; arrests; restraint of government and restraints, people; civil disturbances , ; explosions, breakage of or accidents to pipe lines machinery, failure of equipment or pipelines or canals, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or other causes not of the same class or kind, reasonably beyond within the control of either the party claiming such inability. It is understood and which, by exercise agreed that the settlement of due diligence, such party is unable to overcome. In strikes and lockouts shall be entirely within the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department discretion of the problem at party having the earliest practical time difficulty, and present a plan for return that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to normal service the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

Appears in 28 contracts

Samples: Cloud Services, Appendix A, User Agreement for Arbiterpay Payors

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice will incur any liability to the other party if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and shall attempt to cure promptly without the cause for such suspension fault or negligence of either party. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events Causes beyond the a party’s control of the parties, including may include, but not aren’t limited to, acts of God God or war, strikes changes in controlling law, lockouts regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. The Contractor shall notify the Commonwealth orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or other industrial disturbances should have reasonably become aware, riots that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, epidemics, landslides, floods, fires, washouts, arrests (ii) state whether performance under the contract is prevented or delayed and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal (iii) if performance is delayed, state or local governmental authority, whether or not a reasonable estimate of the same class duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or kind prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Commonwealth may reasonably request. After receipt of such notification, the Commonwealth may elect to cancel the Contract, cancel the PO, or to extend the time for performance as reasonably beyond necessary to compensate for the control of either party and which, by exercise of due diligence, such party is unable to overcome Contractor’s delay. In the event of a force majeure condition exists, or the potential exists for such condition declared emergency by competent governmental authorities, the Contractor shall inform Commonwealth by notice to the Department Contractor, may suspend all or a portion of the problem at the earliest practical time and present a plan for return to normal service Contract or PO.

Appears in 23 contracts

Samples: Software License Agreement, Software License Agreement, Contract Terms and Conditions

Force Majeure. Except for the payment of money due, neither party Neither Party shall be deemed in breach or default of this Contract in the event that either party fails liable for any delay/inability to perform pursuant to the terms and conditions carry out any of the Contract and obligations under the failure is Agreement resulting or caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice by any reason due to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to hardware breakdown, acts of God, riots, strikes, lockouts lock-out, war, enactments, statutes, ordinance, legislation, court orders, directions of any local or civic body or statutory authorities, or other industrial disturbances any catastrophes, riots such as fire, epidemics earthquakes, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of floods or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations famine or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably incidents beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome Party. In the event any force majeure prevails for continuous for 30 (thirty) days, the affected Party shall forthwith send a notice to the other Party and upon receipt of the said notice, the Parties shall promptly consult and decide how to respond to such force majeure condition, including, without limitation whether to terminate this Agreement or waive such performance, based on the degree to which the force majeure condition exists, or shall have influenced the potential exists for such condition, the Contractor shall inform the Department performance of the problem at the earliest practical time and present a plan for return to normal service this Agreement.

Appears in 19 contracts

Samples: Reference Interconnect Offer Carriage of Channels, Reference Interconnect Offer Carriage of Channels, Interconnection Agreement

Force Majeure. Except for Neither the payment of money due, neither party County nor the Contractor shall be deemed in breach or default in the performance of the terms of this contract if either party is prevented from performing the terms of this Contract in the event that either party fails to perform pursuant to the terms and conditions by causes beyond its control, including without limitation: acts of the Contract and the failure is caused by God; rulings or decisions by municipal, Federal, States or other governmental bodies; any laws or regulations of such municipal, Federal, States or other governmental bodies; or any catastrophe resulting from flood, fire, explosion, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or defaulting party. Any party delayed by force majeure shall as soon as reasonably possible give the other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not party written notice of the same class or kind delay. The party delayed shall use reasonable diligence to correct the cause of the delay, reasonably beyond if correctable, and if the control of either party and which, by exercise of due diligence, such party condition that caused the delay is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition corrected, the Contractor party delayed shall inform immediately give the Department of the problem at the earliest practical time other parties written notice thereof and present a plan for return to normal service shall resume performance under this Contract.

Appears in 19 contracts

Samples: Contract for Sober, agenda.slocounty.ca.gov, agenda.slocounty.ca.gov

Force Majeure. Except for Without limiting or restricting the payment applicability of money due the law governing frustration of contracts, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant meet any of its obligations under this Agreement within the time prescribed, and such failure shall be caused, or materially contributed to, by force majeure, such failure shall be deemed not to the terms and conditions be a breach of the Contract obligations of such party under this Agreement, and the failure is caused by, or is in connection with time for the performance of such obligation shall be extended accordingly as may be appropriate under the circumstances. For the purpose of this Agreement, force majeure. The party suspending performance majeure shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation mean any acts of the cause for suspension God, performance shall resume (or commence) as soon as reasonably practicable war, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of natural calamities, strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract labour stoppages or disturbances, the term "force majeure" shall mean acts civil commotions or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances disruptions, riots, epidemics, landslides acts of government or any competent authority having jurisdiction, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably other legitimated cause beyond the reasonable control of either party such party, and which, by the exercise of due diligence, such party is unable could not have prevented; provided that lack of funds on the part of such party shall not be deemed to overcome. In the event be a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service majeure.

Appears in 17 contracts

Samples: Licence Agreement, Licence Agreement, Licence Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach responsible for any failure to fulfil any term or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions condition of the Contract if and to the failure is caused by, extent that fulfilment has been delayed or is in connection with, force majeure. The prevented by a Force Majeure Event provided that the affected party suspending performance shall give prompt notice to notifies the other party on an ongoing basis of the nature, extent, effect and likely duration of the circumstances constituting the Force Majeure Event. The affected party shall use all reasonable endeavours to limit the effect of that delay or prevention on the other party. For the purpose of this Clause 20, “Force Majeure Event” means and shall attempt be limited to: (a) riot, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), acts of terrorism, civil war, rebellion, blockades by local communities, revolution, insurrection of military or usurped power; (b) earthquake, flood, fire, explosion and/or other natural physical disaster, but excluding weather conditions as such, regardless of severity; (c) strikes at a national or regional level or industrial disputes at a national or regional level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors (of any tier) or its suppliers and which affect a substantial or essential portion of the Work; and (d) any local or other governmental authority action or inaction affecting any licences, permits, temporary permits, authorisations or approvals required by Company for its operations, but in each case only to cure promptly the cause for extent such suspension events are: (i) not within the control of the party in question; (ii) unavoidable notwithstanding the reasonable care of, or the taking of reasonable steps by the party affected; and (iii) are not the result of any failure of the affected party to carry out any of its obligations under the Contract or any negligence of such party or, where Contractor is the affected party, of any Subcontractors. Following notification of a Force Majeure Event in accordance with this Clause 20, the parties shall meet at appropriate intervals to agree on a mutually acceptable course of action to minimise the impact and effects of such Force Majeure Event on the parties. Upon cessation of a Force Majeure Event, the cause for suspension affected party shall forthwith resume full performance of its obligations under the Contract, performance taking into account Company’s operational requirements. Company shall resume ( have the right to terminate all or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion part of the particular party involved. For purposes of this Contract, Work or the term "force majeure" shall mean acts or events beyond Contract at any time by notice to Contractor in the control of the parties, including, but not limited to, acts of God, strikes, lockouts event any Force Majeure Event continues, or other industrial disturbances it is obvious that it will continue, riots for more than seven (7) days, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the provided that Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return not be entitled to normal service any payment in connection with any such termination.

Appears in 17 contracts

Samples: www.repsol.com, www.repsol.com, www.repsol.com

Force Majeure. Except for the payment of money due, neither party a. Neither County nor Contractor shall be deemed in breach or default in the performance of the terms of this Contract in the event that if either party fails to perform pursuant to is prevented from performing the terms and conditions of the this Contract and the failure is caused by by causes beyond its control, including without limitation: acts of God; rulings or decisions by municipal, federal, states or other governmental bodies; any laws or regulations of such municipal, federal, states or other governmental bodies; or any catastrophe resulting from flood, fire, explosion, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or defaulting party. Any party delayed by force majeure shall as soon as reasonably possible give the other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not party written notice of the same class or kind delay. The party delayed shall use reasonable diligence to correct the cause of the delay, reasonably beyond if correctable, and if the control of either party and which, by exercise of due diligence, such party condition that caused the delay is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition corrected, the Contractor party delayed shall inform immediately give the Department of the problem at the earliest practical time other party written notice thereof and present a plan for return to normal service shall resume performance under this Contract.

Appears in 10 contracts

Samples: agenda.slocounty.ca.gov, agenda.slocounty.ca.gov, agenda.slocounty.ca.gov

Force Majeure. Except for the payment Delay in performance or non-performance of money due, neither party any obligation contained herein shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant excused to the terms and conditions of the Contract and the extent such failure or non-performance is caused by, or is in connection with, by force majeure . The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved . For purposes of this Contract Agreement, the term " force majeure " shall mean acts any cause or events agency preventing performance of an obligation which is beyond the reasonable control of the parties either party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, but not limited to without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of God, strikes and delays or failure in obtaining raw materials, lockouts supplies or transportation. A party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage delay if it is reasonably capable of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome being remedied. In the event of a force majeure condition exists situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the potential exists for such condition, the Contractor shall inform the Department resumption of the problem at the earliest practical time and present a plan for return to normal service performance.

Appears in 9 contracts

Samples: Public Procurement Authority Master Price Agreement, Public Procurement Authority Master Price Agreement, Master Price Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach liable for delay, damage, or default of this Contract failure in the event that either party fails performance of any obligation under this Agreement if such delay, damage, or failure is due to perform pursuant to the terms causes beyond its reasonable control, including without limitation: fire, flood, strikes and conditions labor disputes, acts of war, acts of nature, terrorism, civil unrest, pandemics, acts or delays in acting of the Contract and government of the failure is caused by United States or the several states, judicial orders, decrees or restrictions, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events like reason which is beyond the control of the parties respective party (“Force Majeure”). The party affected by any event of force majeure shall use reasonable efforts to remedy, remove, or mitigate such event and the effects thereof with all reasonable dispatch. The party affected by force majeure shall provide the other party with full particulars thereof including, but not limited to, acts the nature, details, and expected duration thereof, as soon as it becomes aware. When force majeure circumstances arise, the parties shall negotiate in good faith any modifications of God the terms of this Agreement that may be necessary or appropriate in order to arrive at an equitable solution. Contractor performance shall be extended for a number of days equal to the duration of the force majeure. Contractor shall be entitled to an extension of time only and, strikes in no event, lockouts shall Contractor be entitled to any increased costs, additional compensation, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests damages of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, type resulting from such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service delays.

Appears in 9 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement

Force Majeure. Except for Notwithstanding anything to the payment contrary contained in this Agreement, none of money due, neither party the Parties shall be deemed to be in breach default where delays in performance or default of this Contract in the event that either party fails failures to perform pursuant to the terms are due to, and conditions of the Contract and the failure is caused by a necessary outcome of, or is in connection with war, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension insurrection, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts strikes or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract labor disturbances, the term "force majeure" shall mean acts or events beyond the control of the parties walk-outs, including riots, but not limited to floods, earthquakes, fires, casualties, acts of God, strikes acts of terrorism, lockouts restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environments regulations, contract defaults by third parties, or other industrial disturbances similar basis for excused performance which is not within the reasonable control of the Party to be excused (each, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage an event of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests “Force Majeure”). Upon the request of any federal, state or local governmental authority, whether or not of the same class Parties, a reasonable extension of any date or kind, reasonably beyond the control of either party and which, deadline set forth in this Agreement due to such cause will be granted in writing for a period necessitated by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists of Force Majeure, or longer as may be mutually agreed upon by all the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Parties.

Appears in 7 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Except for the payment of money due, neither party The Seller shall be deemed in breach or liable for default of this Contract in the event that either party fails to perform pursuant based on its nonperformance to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events unless its nonperformance is caused by an occurrence beyond the reasonable control of the parties, including, but not limited to Seller and without its fault or negligence such as, acts of God God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, lockouts unusually severe weather, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage delays of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests common carriers. The Seller shall notify the Buyer in writing as soon as it is reasonably possible after the commencement of any federal excusable delay, state or local governmental authority setting forth the full particulars in connection therewith, whether or not shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Buyer of the same class or kind, reasonably beyond the control cessation of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service occurrence.

Appears in 7 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Force Majeure. Except for the payment of money due, neither party No Party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice liable to the other party if, and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension extent, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement performance or delay in performance of strikes any of its obligations under this agreement is prevented, lockouts restricted, delayed or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract interfered with, the term "force majeure" shall mean acts or events due to circumstances beyond the reasonable control of the parties such party, including, including but not limited to, Government legislations, fires, floods, explosions, epidemics, accidents, acts of God , wars, riots, strikes, lockouts, or other industrial disturbances concerted acts of workmen, riots acts of Government and/or shortages of materials. The party claiming an event of force majeure shall promptly notify the other parties in writing, epidemics and provide full particulars of the cause or event and the date of first occurrence thereof, landslides, floods, fires, washouts, arrests as soon as possible after the event and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests also keep the other parties informed of any federal further developments. The party so affected shall use its best efforts to remove the cause of non-performance, state or local governmental authority, whether or not of and the same class or kind, reasonably beyond parties shall resume performance hereunder with the control of either party and which, by exercise of due diligence, utmost dispatch when such party cause is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service removed.

Appears in 6 contracts

Samples: Lender Registration Agreement, Lender Registration Agreement, Lender Registration Agreement

Force Majeure. Except for the payment of money due, neither party Neither City nor Contractor shall be deemed considered in breach default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or default of this Contract in negligence on the event that either party fails to perform pursuant to the terms and conditions part of the Contract and parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the failure is caused by parties so disenabled shall within ten (10) days from the beginning of such delay, or is in connection with, force majeure. The party suspending performance shall give prompt notice to notify the other party and shall attempt to cure promptly in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such suspension. Upon a cause of delay or default and shall, upon cessation of the cause for suspension cause, diligently pursue performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by of its obligation under the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Agreement.

Appears in 6 contracts

Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement

Force Majeure. Except for the payment of money due, neither No party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice liable to the other party if, and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension extent, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement performance or delay in performance of strikes any of their obligations under this agreement is prevented, lockouts restricted, delayed or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract interfered with, the term "force majeure" shall mean acts or events due to circumstances beyond the reasonable control of the parties such party, including, including but not limited to, Government legislation's, fires, floods, explosions, epidemics, accidents, acts of God , wars, riots, strikes, lockouts, or other industrial disturbances concerted acts of workmen, riots acts of Government and/or shortages of materials. The party claiming an event of force majeure shall promptly notify the other parties in writing, epidemics and provide full particulars of the cause or event and the date of first occurrence thereof, landslides, floods, fires, washouts, arrests as soon as possible after the event and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests also keep the other parties informed of any federal further developments. The party so affected shall use its best efforts to remove the cause of non-performance, state or local governmental authority, whether or not of and the same class or kind, reasonably beyond parties shall resume performance hereunder with the control of either party and which, by exercise of due diligence, utmost dispatch when such party cause is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service removed.

Appears in 6 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

Force Majeure. Except for the payment of money due, neither party Neither City nor Contractor shall be deemed considered in breach default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or default of this Contract in negligence on the event that either party fails to perform pursuant to the terms and conditions part of the Contract and parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the failure is caused by parties so disenabled shall within ten days from the beginning of such delay, or is in connection with, force majeure. The party suspending performance shall give prompt notice to notify the other party and shall attempt to cure promptly in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such suspension. Upon a cause of delay or default and shall, upon cessation of the cause for suspension cause, diligently pursue performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by of its obligation under the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Agreement.

Appears in 6 contracts

Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in In the event that either party fails to perform pursuant to any obligation contained herein is not fulfilled within the terms time period required hereby, and conditions of the Contract and the such failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties obligor’s reasonable control, including, including but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts any regulations, orders, regulations order or requests instruction of any federal, state or local governmental municipal government or any department or agency thereof, acts or omissions of any other party hereto, acts of civil or military authority, whether fires, strikes, embargoes, war, terrorism, riots, earthquakes, floods and the inability (due to causes beyond such obligor’s reasonable control) to obtain necessary labor or not materials (all of the same class or kind foregoing, reasonably beyond the control of either party and which without limitation, by exercise of due diligence being herein referred to as “force majeure”), such party is unable to overcome shall give the other party prompt notice of the occurrence of any such force majeure delay or expected delay, specifying the cause thereof and the expected duration. In the event a force majeure condition exists, or the potential exists for of any such condition delay, the Contractor date required for fulfillment of such obligation shall inform be automatically extended for a period equal to the Department time lost by reason of the problem at delay. In no event, however, shall this provision apply to an obligation requiring solely the earliest practical time and present a plan for return to normal service payment of money.

Appears in 6 contracts

Samples: Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.), Management and Leasing Agreement (Retail Value Inc.)

Force Majeure. Except for the payment In case by reason of money due force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, neither then except as otherwise expressly provided in this Agreement, if such party shall be deemed give notice and full particulars of such force majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice (other than the obligations of the Lessee to make the Rental Payments required under the terms hereof, or to comply with Sections 4.5 or 6.2 hereof), so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed, which shall include a reasonable time for suspension the removal of the effect thereof, performance but for no longer period, and such party shall resume ( endeavor to remove or commence) overcome such inability with all reasonable dispatch. The term “force majeure”, as soon as reasonably practicable employed herein, unless otherwise agreed to by the parties. Notwithstanding any other provision shall mean acts of this contract the parties agree that the settlement of God, strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to disturbances, acts of God the public enemy, strikes orders of any kind of the Government of the United States or of the State or any civil or military authority, lockouts, or other industrial disturbances insurrections, riots, epidemics, landslides, floods lightning, earthquakes, fires, hurricanes, storms, floods, washouts, arrests droughts, arrest, restraining of government and restraints people, civil disturbances, explosions, breakage of partial or accidents to pipe lines, entire failure of equipment or utilities, compliance with acts shortages of labor, orders material, regulations supplies or requests of transportation, or any federal, state other similar or local governmental authority, whether or different cause not reasonably within the control of the same class or kind, party claiming such inability. It is understood and agreed that the requirements that any force majeure shall be reasonably beyond the control of either the party and which, by exercise of due diligence, such party is unable shall be remedied with all reasonable dispatch shall be deemed to overcome. In be satisfied in the event of a strike or other industrial disturbance even though existing or impending strikes or other industrial disturbances could have been settled by the party claiming a force majeure condition exists, or hereunder by acceding to the potential exists for such condition, the Contractor shall inform the Department demands of the problem at opposing person or persons. The Lessee shall promptly notify the earliest practical time Agency upon the occurrence of each force majeure, describing such force majeure and present a plan for return its effects in reasonable detail. The Lessee shall also promptly notify the Agency upon the termination of each such force majeure. The information set forth in any such notice shall not be binding upon the Agency, and the Agency shall be entitled to normal service dispute the existence of any force majeure and any of the contentions contained in any such notice received from the Lessee.

Appears in 6 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Force Majeure. Except for the payment of money due, neither 15.1. Either party shall be deemed in breach or default entitled to suspend performance of this its obligations under the Contract in the event that either party fails to perform pursuant to the terms and conditions extent that such performance is impeded or made unreasonably onerous by Force Majeure, meaning any of the Contract following circumstances: industrial disputes and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events circumstance beyond the control of the parties, parties including, but not limited to without limitation, acts fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of God power, strikes, lockouts, or other industrial disturbances, riots currency and export restrictions, epidemics, landslides natural disasters, floods extreme natural events, fires, washouts, arrests terrorist acts and restraints, civil disturbances, explosions, breakage of defects or accidents delays in deliveries by sub-contractors caused by any such circumstance referred to pipe lines, failure of equipment or, compliance with acts, orders, regulations in this Clause. A circumstance referred to in this Clause whether occurring prior to or requests of any federal, state or local governmental authority, whether or not after the formation of the same class or kind, reasonably beyond Contract shall give a right to suspension only if its effect on the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department performance of the problem Contract could not be foreseen at the earliest practical time and present a plan for return to normal service of the formation of the Contract.

Appears in 5 contracts

Samples: www.renk-ag.com, www.renk-group.com, www.renk-group.com

Force Majeure. Except for Neither party to the payment of money due, Agreement shall be liable to the other and neither party shall be deemed to be in breach default for any failure or default delay to observe or perform any of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice applicable to the party under this Agreement (other party and shall attempt to cure promptly than the cause for such suspension. Upon cessation payment of the cause for suspension, performance shall resume ( money) caused or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding arising out of any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events act beyond the control of the parties, including, that party including (but not limited to ) fire, flood, lightning, storm and tempest, earthquake, strikes, tsunami, lock-outs or other industrial disputes, acts of God, strikes, lockouts, or other industrial disturbances war, riots, epidemics explosion, landslides government restriction, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure unavailability of equipment or, compliance with acts, orders, regulations or requests of any federal, state product or local governmental authority, other causes whether the kind enumerated above or not of the same class or kind, reasonably otherwise which are beyond the control of either that party and which, where such failure or delay is caused by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department one of the problem at events above then all times provided for in this Agreement shall be extended for a period commensurate with the earliest practical time and present a plan for return to normal service period of the delay.

Appears in 5 contracts

Samples: Management Agreement, Management Agreement, Management Agreement

Force Majeure. Except Any delay in the performance of any of the obligations of either party (except for the payment of money due, neither party money) shall not be considered a breach of this AGREEMENT and the time required for performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms period of such delay, provided that such delay has been caused by or is the result of (including without limitation in relation to third party contractors and conditions suppliers) any act of God, acts of the Contract and public enemy; insurrections; riots; embargoes; labour disputes such as strikes, lockouts or boycotts; fires; explosions; floods; earthquakes; mudslides; or other unforeseeable causes beyond the failure is caused by, or is in connection with, force majeure control of the party so affected. The party suspending performance so affected shall give prompt notice to the other party of such cause, and shall attempt take whatever reasonable steps are necessary to cure promptly relieve the effect of such cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon rapidly as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service reasonable.

Appears in 5 contracts

Samples: Collaboration Agreement (Biomira Inc), Collaboration Agreement (Biomira CORP), License Agreement (Oncothyreon Inc.)

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in In the event that either party fails is rendered unable, wholly or in part, to perform pursuant its obligations under this Agreement (other than to the terms and conditions make payments due hereunder) due to acts of the Contract and the failure is caused by God, floods, fires, explosions, extreme heat or is in connection with cold, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension earthquake or storm; transportation difficulties, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to disturbances; wars, acts of God, strikes, lockouts, terrorism or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, sabotage; accident or breakage of equipment or accidents machinery; failure of transporters to pipe lines furnish transportation, failure of equipment or suppliers to furnish supplies; or any law, compliance with acts rules, orders, regulations order or requests action of any federal, state court or local governmental authority, whether or not instrumentality of the same class federal or kind any state government; or for any other cause or causes beyond its reasonable control, reasonably beyond the control it is agreed that on such party’s giving notice and full particulars of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or to the potential exists for such condition other party, the Contractor shall inform the Department obligations of the problem party giving such notice shall be suspended from the date of receipt of such notice and for the continuance of any inability so caused, but for no longer period, and such cause shall, so far as possible, be remedied with all reasonable dispatch. The term force majeure shall not apply to those events which merely make it more difficult or costly for Seller or Buyer to perform their obligations hereunder. Buyer and Seller further agree that at the earliest practical time and present conclusion of any force majeure event, neither Buyer nor Seller shall have any obligation to each other with respect to any quantities of Product not delivered as a plan for return consequence of such force majeure event. No condition of force majeure shall operate to normal service extend the terms of this Agreement.

Appears in 5 contracts

Samples: Unbranded Supply Agreement (Susser Holdings CORP), Unbranded Supply Agreement (Susser Petroleum Partners LP), Unbranded Supply Agreement (Susser Petroleum Partners LP)

Force Majeure. Except for the payment In case by reason of money due force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, neither then except as otherwise expressly provided in this Agreement, if such party shall be deemed give notice and full particulars of such force majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice, other than the obligation of the Borrower to make the payments required under the terms hereof or of the Note, so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed which shall include a reasonable time for suspension the removal of the effect thereof, performance but for no longer period, and such parties shall resume ( endeavor to remove or commence) overcome such inability with all reasonable dispatch. The term "force majeure", as soon as reasonably practicable employed herein, unless otherwise agreed to by means acts of God, strikes, lockouts or other industrial disturbances, acts of the parties. Notwithstanding public enemy, orders of any kind of the Government of the United States, of the State or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, volcanoes, fires, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, restraining of government and people, civil disturbances, explosions, partial or entire failure of utilities, shortages of labor, material, supplies or transportation, or any other provision similar or different cause not reasonably within the control of this contract the parties agree party claiming such inability. It is understood and agreed that the settlement of existing or impending strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, having the term " difficulty and that the above requirements that any force majeure" majeure shall mean acts or events be reasonably beyond the control of the parties, including, but not limited to, acts of God, party and shall be remedied with all reasonable dispatch shall be deemed to be fulfilled even though such existing or impending strikes, lockouts, or lockouts and other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests disturbances may not be settled and restraints, civil disturbances, explosions, breakage of or accidents could have been settled by acceding to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not the demands of the same class opposing person or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service persons.

Appears in 5 contracts

Samples: Loan Agreement (Connecticut Water Service Inc / Ct), Loan Agreement (Connecticut Water Service Inc / Ct), Loan Agreement (National Grid Usa)

Force Majeure. Except for the payment of money due, neither No party shall be deemed liable to the other, or be in breach or default under the terms of this Contract in the event that either party fails Agreement, for its failure to perform pursuant fulfill its obligations hereunder to the terms and conditions of the Contract and the extent such failure is caused by arises for any reason beyond its control including, or is in connection with without limitation, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract lockouts, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to labor disputes, acts of God, strikes acts of nature, lockouts acts of governments or their agencies, fire, flood, storm, power shortages or power failure, war, sabotage, inability to obtain sufficient labor, raw materials, fuel or utilities, or inability to obtain transportation (each, an "Event of Force Majeure"); provided that the party relying on the provisions of this Section 11.10 shall forthwith give to the other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests notice of its inability to observe or perform the provisions of this Agreement and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not the reasons therefor; and provided further that the suspension of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department obligations of the problem at the earliest practical time and present a plan party so affected shall continue only for return to normal service so long as such Event of Force Majeure continues.

Appears in 4 contracts

Samples: License Agreement (Oravax Inc /De/), License Agreement (Peptide Therapeutics Group PLC), License Agreement (Peptide Therapeutics Group PLC)

Force Majeure. Except for the payment of money due, neither party Neither City nor Consultant shall be deemed considered in breach default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or default of this Contract in negligence on the event that either party fails to perform pursuant to the terms and conditions part of the Contract and parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the failure is caused by parties so disenabled shall within ten days from the beginning of such delay, or is in connection with, force majeure. The party suspending performance shall give prompt notice to notify the other party and shall attempt to cure promptly in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such suspension. Upon a cause of delay or default and shall, upon cessation of the cause for suspension cause, diligently pursue performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by of its obligation under the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Agreement.

Appears in 4 contracts

Samples: Consulting Services Agreement, City of Scappoose, Oregon Consulting Services Agreement, Consulting Services Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed held responsible for failure or delay in breach performance or default delivery if such failure or delay is the result of this Contract in an act of God, the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by public enemy, or is in connection with embargo, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension governmental act, performance shall resume (or commence) as soon as reasonably practicable fire, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of accident, war, riot, strikes, lockouts inclement weather or other industrial disturbances shall be entirely within the discretion cause of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events a similar nature that is beyond the control of the parties , including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome . In the event of such occurrence, this Agreement shall be amended by mutual agreement to reflect an extension in the period of performance and/or time of delivery. Failure to agree on an equitable extension shall be considered a force majeure condition exists, claim or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time controversy and present a plan for return to normal service resolved in accordance with Section 15.

Appears in 4 contracts

Samples: Service License Agreement (Orbcomm Global L P), Service License Agreement (Orbcomm Global L P), Orbcomm Service License Agreement (Orbcomm Global L P)

Force Majeure. Except In the event the DEVELOPER'S or COUNTY'S performance of this DA is prevented or interrupted by consequent act of God, or of the public enemy, or national emergency, or a governmental restriction upon the use or availability of labor or materials, or civil insurrection, riot, racial or civil rights disorders or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, sinkholes, earthquake, or other casualty, disaster, or catastrophe, or judgment, or a restraining order or injunction of any court, the DEVELOPER or COUNTY shall not be liable for such nonperformance, and the time of performance shall be extended for the payment number of money due, neither party shall be deemed in breach days that the force majeure event prevents or default interrupts the DEVELOPER'S or COUNTY'S performance of this Contract in DA as reasonably determined by the other party. This paragraph shall not apply to force majeure events caused by the DEVELOPER or under the DEVELOPER'S control, or caused by the COUNTY or under the COUNTY'S control, as applicable. In the event that either party fails to perform pursuant to performance by the terms and conditions DEVELOPER or COUNTY of the Contract commitments set forth in this DA shall be interrupted or delayed in connection with acquisition of necessary governmental permits or approvals for the construction of the Required Roadway Improvements and the failure which interruption or delay is caused by through no fault of the party with a delayed performance, or is in connection with, force majeure. The then the party suspending with a delayed performance shall give prompt notice submit documentation to the other party regarding such event for review and concurrence. If such documentation shows that such event(s) have taken place, then the party with a delayed performance shall attempt to cure promptly the cause be excused from such performance for such suspension period of time as is reasonably necessary after such occurrence to remedy the effects thereof, provided, however, in no event shall any such extension exceed three (3) months. Upon cessation of the cause for suspension, performance shall resume Any requested extensions beyond such three ( or commence 3) as soon as reasonably practicable, unless otherwise agreed month period may only be accomplished by an amendment to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service DA.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Except for 22.1 In the payment case of money due force majeure such as earthquake, neither typhoon, fire, war or other unforeseeable accidents which directly renders one party shall be deemed in breach or default of this Contract in the event that either party fails unable to perform pursuant to its duty under the terms and conditions of the Contract and the failure is caused by this contract, or is in connection with, force majeure. The such party suspending performance shall give prompt notice to inform the other party of such accidents, provide with accident details and valid documentation for failure to fulfill this contract in part or in whole or necessity for deferred performance within 15 days after the incident. Such documents shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to be issued by the parties notary office in the area where the accident occurs. Notwithstanding any other provision Both parties may negotiate the methods to reduce the effect and decide whether to terminate the Contract, partly relieve the breaching party from contractual liabilities, or delay the performance of this contract according to the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service affecting level.

Appears in 4 contracts

Samples: New Dragon Asia Corp, New Dragon Asia Corp, New Dragon Asia Corp

Force Majeure. Except for the payment payments of money due money, neither party of the Parties shall be deemed liable for any default or delay in breach performance of any obligation under this Agreement caused by any of the following: act of nature, war, riot, fire, explosion, accident, flood, sabotage, compliance with governmental requests, laws, regulations, orders or default actions, national defense requirements or any other event beyond the reasonable control of such Party; or labor trouble, strike, lockout or injunction (provided that neither of the Parties shall be required to settle a labor dispute against its own best judgment). The Party invoking this Contract in subparagraph shall give the event that either party fails to perform other Party written notice pursuant to Section 8.1 and full particulars of such force majeure event as soon as possible after the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation occurrence of the cause for suspension, performance upon which said Party is relying. Both ARCADIA and BLUE HORSE shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed use reasonable efforts to by mitigate the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests effects of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service on their respective part.

Appears in 4 contracts

Samples: Intellectual Property License Agreement (Arcadia Biosciences, Inc.), Intellectual Property License Agreement (Arcadia Biosciences, Inc.), Intellectual Property License Agreement (Arcadia Biosciences, Inc.)

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that A failure by either party fails to perform pursuant due to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control and without the fault or negligence of the parties, including party is deemed excusable during the period in which the cause of the failure persists. Such causes may include, but not be limited to, acts of God God or the public enemy, acts of the Government in either sovereign or contractual capacity, fires, floods, epidemics, strikes, lockouts freight embargoes and unusually severe weather. If the failure to perform is caused by the default of a subcontractor, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage such default arises out of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably causes beyond the control of both the Supplier and subcontractor, and without the fault or negligence of either party and which of them, the Supplier will not be liable for any excess cost for failure to perform, unless the supplies or services to be furnished by exercise the subcontractor were obtainable from other sources in sufficient time to permit the Supplier to meet the required delivery releases. When Supplier becomes aware of due diligence, such party is unable to overcome. In the event a any potential force majeure condition exists as described in this Agreement, or the potential exists for such condition, the Contractor Supplier shall inform the Department immediately notify Buyer of the problem at the earliest practical time condition and present a plan for return to normal service provide relevant details.

Appears in 4 contracts

Samples: Comprehensive Supplier Agreement (MKS Instruments Inc), Nondisclosure Agreement (MKS Instruments Inc), Nondisclosure Agreement (MKS Instruments Inc)

Force Majeure. Except for Neither the payment of money due, neither party County nor the Contractor shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to performance of the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract if either party is prevented from performing the parties agree that the settlement terms of strikes this contract by causes beyond its control, lockouts including without limitation: acts of God; rulings or decisions by municipal, Federal, States or other industrial disturbances shall be entirely within the discretion governmental bodies; any laws or regulations of the particular party involved. For purposes of this Contract such municipal, the term "force majeure" shall mean acts Federal, States or events other governmental bodies; or any catastrophe resulting from flood fire, explosion, or other causes beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or defaulting party. Any party delayed by force majeure shall as soon as reasonably possible give the other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not party written notice of the same class or kind delay. The party delayed shall use reasonable diligence to correct the cause of the delay, reasonably beyond if correctable, and if the control of either party and which, by exercise of due diligence, such party condition that caused the delay is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition corrected, the Contractor party delayed shall inform immediately give the Department of the problem at the earliest practical time other parties written notice thereof and present a plan for return to normal service shall resume performance under this contract.

Appears in 4 contracts

Samples: Social Services, Social Services, Social Services

Force Majeure. Except for the payment of money due, neither No party shall be deemed in breach default hereunder, nor shall it hold the other parties responsible for, any cessation, interruption or default of this Contract delay in the event that either party fails performance of its obligations hereunder due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the its reasonable control of the parties, including, but not limited to : earthquake, acts flood, fire, storm or other natural disaster, act of God, strikes, lockouts, labor controversy or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints threat thereof, civil disturbances disturbance or commotion, explosions disruption of the public markets, breakage of war or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, armed conflict (whether or not officially declared) or the inability to obtain sufficient material, supplies, labor, transportation, telecommunications, power or other essential commodity or service required in the conduct of its business, any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree (each a "Force Majeure Event") provided that the party relying upon this Section 10.5: (a) shall have given the other parties written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (b) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for upon which such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service notice is based.

Appears in 4 contracts

Samples: Management and Services Agreement (Walt Disney Co/), Management and Services Agreement (Walt Disney Co/), Management and Services Agreement (Infoseek Corp /De/)

Force Majeure. Except as provided in this Paragraph 17 and without prejudice to the risk of loss, release and indemnity obligations under this Contract, each party to this Contract shall be excused from complying with the terms of this Contract, except for the payment of money monies when due, neither party if and for so long as such compliance is hindered or prevented by a Force Majeure Event. As used in this Contract, “Force Majeure Event” includes: acts of God, action of the elements, wars (declared or undeclared), insurrection, revolution, rebellions or civil strife, piracy, civil war or hostile action, terrorist acts, riots, strikes, differences with workmen, acts of public enemies, federal or state laws, rules, regulations dispositions or orders of any governmental authorities having jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), inability to procure material, equipment, fuel or necessary labor in the open market, acute and unusual labor or material, equipment or fuel shortages, or any other causes (except financial) beyond the control of either party. Neither Operator nor Contractor shall be deemed required against its will to adjust any labor or similar disputes except in breach or default of this Contract in accordance with applicable law. In the event that either party fails hereto is rendered unable, wholly or in part, by any of these causes to perform pursuant to the terms and conditions of the Contract and the failure carry out its obligation under this Contract, it is caused by, or is in connection with, force majeure. The agreed that such party suspending performance shall give prompt notice and details of Force Majeure in writing to the other party and shall attempt to cure as promptly as possible after its occurrence. In such cases, the cause for such suspension. Upon cessation obligations of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by party giving the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances notice shall be entirely within suspended during the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests continuance of any federal, state or local governmental authority, whether or not of inability so caused except that Operator shall be obligated to pay to Contractor the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists Force Majeure Rate provided for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service in Subparagraph 4.8 above.

Appears in 4 contracts

Samples: Master Drilling Agreement (Diamondback Energy, Inc.), Master Drilling Agreement (Mammoth Energy Partners LP), Master Drilling Agreement (Mammoth Energy Partners LP)

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed held responsible for failure or delay in breach performance or default delivery if such failure or delay is the result of this Contract in an act of God, the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by public enemy, or is in connection with embargo, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension governmental act, performance shall resume (or commence) as soon as reasonably practicable fire, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of accident, war, riot, strikes, lockouts inclement weather or other industrial disturbances shall be entirely within the discretion cause of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events a similar nature that is beyond the control of the parties , including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome . In the event of such occurrence, this Contract shall be amended by mutual agreement to reflect an extension in the period of performance and/or time of delivery. Failure to agree on an equitable extension shall be considered a force majeure condition exists, claim or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time controversy and present a plan for return to normal service resolved in accordance with Section 10.

Appears in 4 contracts

Samples: Ground Segment Procurement Contract (Orbcomm Global L P), Ground Segment Procurement Contract (Orbcomm Global L P), Segment Procurement Contract (Orbcomm Global L P)

Force Majeure. Except for the payment of money due, neither 16.1 Neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice liable to the other party for defaults in performance of its obligations arising by reason of causes beyond its control and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to which by the parties exercise of reasonable diligence, such parties are unable to prevent. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including Such causes include, but are not limited to, to acts of God, strikes labour disputes, lockouts governmental restraint, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of actions taken by any federal, state or local governmental authority, whether national emergency and unusual weather conditions, provided that the party declaring the event of force majeure gives timely notice of such event to the other party. The date of delivery or not of performance shall be extended for a period equal to the time lost by reason of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service delay.

Appears in 4 contracts

Samples: Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.)

Force Majeure. Except for SUBCONTRACTOR shall use its best efforts to achieve completion of each Work Order in accordance with the payment of money due Project Schedule set forth n the applicable Work Order, neither party Performance by either PG&E ES and SUBCONTRACTOR shall not be deemed in breach or default of this Contract in the event nor shall either Panty be held responsible for any delays that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is are caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, flood, earthquake, unusually severe weather, drought, fire, lightning or other natural catastrophes: or events outside their control including war riot: civil disturbance or disobedience; sabotage; terrorism; strikes , lockouts ; unavoidable accidents: relocation or construction of facilities by others, or other industrial disturbances shutdown of facilities for repair, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of maintenance or accidents failure by others: strike; lockout; labor disturbance; freight embargoes; acts or failure to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests act of any federal, state regulatory public or local governmental authority agency or entity; or any other matter beyond the reasonable control of the Party so obligated, whether similar to matters herein enumerated or not not. in the event either Party experiences a delay in performance that was caused by events beyond its control, the delayed Party shall provide a written notice of same within three (3) working days to the other Panty. Delayed performance shall be excused for the period of delay, and the time for performance shall be extended for a period equivalent to the period of delay; provided, however, that the Party delayed or prevented from performance of Work per the terms of the same class Work Order has notified the other of such delay or kind, reasonably beyond the control prevention of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department performance within three (3) days of the problem at inception thereof; and n-as thereafter kept said Panty regularly informed of the earliest practical time and present a plan for return to normal service status of such delay or prevention of performance.

Appears in 4 contracts

Samples: Subcontractor Master Agreement (Demarco Energy Systems of America Inc), Subcontractor Master Agreement (Demarco Energy Systems of America Inc), Subcontractor Master Agreement (Demarco Energy Systems of America Inc)

Force Majeure. Except for the payment payments and the time requirements with respect thereto set forth in Articles 3, 4, 6, 9,10, 13, 14 and 19 hereof, whenever the time for performance of money due any act hereunder is limited and the performance thereof is hindered, neither party shall be deemed in breach prevented or default delayed by any factor or circumstance beyond the reasonable control of this Contract in the event that either party fails Lessee and which Lessee is obliged to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to which Lessee could not have avoided by the parties. Notwithstanding any other provision timely use of this contract the parties agree that the settlement of strikes due diligence and adequate planning, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, such as acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides fire, floods, fires, washouts, arrests and restraints, civil disturbances, explosions strike or labor troubles, breakage of machinery, inability to obtain necessary materials, supplies or accidents to pipe lines labor, failure interruptions in delivery or transportation, shortage of equipment or railroad cars, compliance with acts insurrections or mob violence, orders regulations, regulations orders or requests requirements of the government, embargoes, war or other disabling causes, whether similar or different, then the time for the performance of any federal, state such act or local governmental authority, whether or not obligation shall be extended for a period equal to the time between Lessee’s notification of existence and the termination of the same class or kind, reasonably beyond force majeure. Lessee shall immediately notify Lessor in writing of the control existence of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure, and Lessee shall use due diligence to remove the force majeure and shall promptly notify Lessor when the declaration of force majeure is terminated. It is expressly understood that litigation or arbitration in which Lessee is a party shall not constitute a condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service force majeure hereunder.

Appears in 4 contracts

Samples: Red Rock Mineral Lease (Sagebrush Gold Ltd.), North Battle Mountain Mineral Lease (Sagebrush Gold Ltd.), Red Rock Mineral Lease (Sagebrush Gold Ltd.)

Force Majeure. Except for the payment of money due, neither party Each party’s obligations under this Agreement shall be deemed in breach or default of this Contract in suspended during the event that either party fails to perform pursuant time and to the terms and extent such party is prevented from compliance, in whole or in part, by war or war conditions (actual or potential), earthquake, fire, flood, strike, labor stoppage, accident, riot, unavoidable casualty, act or restraint, present or future, or any lawful authority, statute, act of God, act of public enemy, inability to obtain or delays in obtaining governmental approvals, consents, licenses or permits (including any of the Contract foregoing relating to the change of the use or points of diversion and the failure is caused by use of water resources), labor or transportation, or is in connection with, other delays or cause of the same or other character beyond the reasonable control of such party. If a party invokes force majeure . The party suspending performance , it shall give prompt notice to notify the other party in writing within ten (10) days of the force majeure event and shall diligently attempt to cure promptly cure, end or remediate the cause for such suspension force majeure event. Upon cessation A party claiming force majeure shall notify the other party in writing within ten (10) days of termination of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service event.

Appears in 4 contracts

Samples: Exploration Lease (Nevada Canyon Gold Corp.), Purchase Agreement (Nevada Canyon Gold Corp.), Purchase Agreement (Nevada Canyon Gold Corp.)

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) Force Majeure as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" used herein shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes laws or regulations, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints acts of the public enemy, civil disturbances, explosions, breakage explosions and any other similar event of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or equivalent force not of the same class or kind, reasonably beyond caused by nor within the control of either party and which, by exercise of due diligence, such which neither party is unable able to overcome. In As soon as possible after the occurrence of any event a force majeure condition exists constituting Force Majeure, and if the Contractor is thereby rendered unable, wholly or the potential exists for such condition in part, to perform its obligations and meet its responsibilities under this Contract, the Contractor shall inform give notice and full particulars thereof in writing to UNIDO. In this event, the Department of the problem at the earliest practical time and present a plan for return to normal service. following provisions shall apply:

Appears in 4 contracts

Samples: Model Contract, Model Contract, Model Contract

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach have any liability for any delay or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions performance or completion of the Contract and the failure Order if such delay or default is caused by by reasons beyond its reasonable control, or is in connection with including (without limitation) war, force majeure. The party suspending performance shall give prompt notice to the other party insurrection, national emergency, terrorism, government restriction and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not in the case of the same class Buyer only, industrial action, unforeseen closure of the Buyer’s site or kind, reasonably beyond operation or unavailability of key personnel. The party affected by such circumstances shall give the control other party prompt written notice setting out the details of the force majeure and the other party shall grant such extension of time as may be reasonable for the performance and completion of the Order. If the circumstances of force majeure persist for more than sixty (60) days from the date of written notice either party and which, by exercise of due diligence, such party is unable shall have the right to overcome. In cancel the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Order.

Appears in 4 contracts

Samples: Conditions of Purchase, Conditions of Purchase, Conditions of Purchase

Force Majeure. Except for None of the payment of money due, neither party participating agencies / bodies shall be deemed in breach or default held responsible for non-fulfillment of their respective obligations under this Contract in the event that either party fails to perform pursuant contract due to the terms and conditions exigency of one or more of the Contract force majeure events such as but not limited to Acts of God, war, natural calamities such as flood, earthquakes etc., and strike, lockout, epidemics, riots, civil commotion etc. provided on the failure is caused by occurrence of cessation of any such events, or is in connection with, force majeure. The the party suspending performance affected thereby shall give prompt a notice in writing to the other party and shall attempt to cure promptly the cause for within one month of such suspension. Upon cessation of the cause for suspension, performance shall resume ( occurrence or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service cessation.

Appears in 4 contracts

Samples: www.cpri.in, cpri.res.in, cpri.res.in

Force Majeure. Except for the payment of money due, neither party Neither Party shall be liable or deemed to be in breach or default of this Contract in the event that either party fails for any delay due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the reasonable control of the parties Party, including such as: war, but not limited to acts or threats of terrorism, civil disorders, acts of God, strikes or government action; provided, lockouts, or that the affected Party promptly notifies the other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond cause and its effects on the control of either party and which, by exercise of due diligence, such party is unable Services to overcome be performed hereunder. In the event Financial difficulty shall never be deemed a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service event.

Appears in 4 contracts

Samples: Master Services Agreement (Vivus Inc), Master Services Agreement (Vivus Inc), Master Services Agreement (InspireMD, Inc.)

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice Neither Party will incur any liability to the other party if its performance of any obligation under this Contract is prevented or delayed by causes beyond its control and shall attempt to cure promptly without the cause for such suspension fault or negligence of either Party. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events Causes beyond the a Party’s control of the parties, including may include, but are not limited to, acts of God God or war, strikes changes in controlling law, lockouts regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. The Contractor shall notify the Trust orally within five (5) days and in writing within ten (10) days of the date on which the Contractor becomes aware, or other industrial disturbances should have reasonably become aware, riots that such cause would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, epidemics, landslides, floods, fires, washouts, arrests (ii) state whether performance under the contract is prevented or delayed and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal (iii) if performance is delayed, state or local governmental authority, whether or not a reasonable estimate of the same class duration of the delay. The Contractor shall have the burden of proving that such cause(s) delayed or kind prevented its performance despite its diligent efforts to perform and shall produce such supporting documentation as the Trust may reasonably request. After receipt of such notification, the Trust may elect either to cancel the Contract or to extend the time for performance as reasonably beyond necessary to compensate for the control of either party and which, by exercise of due diligence, such party is unable to overcome Contractor’s delay. In the event of a force majeure condition exists, or the potential exists for such condition declared emergency by competent governmental authorities, the Contractor shall inform Trust by notice to the Department Contractor, may suspend all or a portion of the problem at the earliest practical time and present a plan for return to normal service Contract.

Appears in 3 contracts

Samples: Successful Offeror, Successful Offeror, www.emarketplace.state.pa.us

Force Majeure. Except for the payment of money due, neither (a) Neither party shall be deemed to be in breach default where delays or default of this Contract in the event that either party fails failures to perform pursuant are due to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved Force Majeure. For purposes of this Contract Agreement, the term "force majeure" Force Majeure shall mean acts the following: strikes, lockouts or events beyond the control of the parties, including, but not limited to labor disputes, acts of God, strikes acts of enemies or hostile governmental action, lockouts civil commotion, insurrection, revolution, sabotage, fire or other casualty, a taking of a whole or a portion of the Property by condemnation or eminent domain, or other industrial disturbances any material delay in the issuance of approvals by the City, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, the state or local governmental authority, whether the federal government that is in no way attributable to any act or not omission of one of the same class or kind, reasonably beyond parties and not related to any financial liability on the control part of either the parties. Any party intending to rely upon Force Majeure to forgive performance shall give Notice and which, by exercise full particulars of due diligence, such Force Majeure in writing to the other party is unable to overcome. In within a reasonable time after occurrence of the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service cause relied on.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice Neither Party will incur any liability to the other party if its performance of any obligation under this Agreement is prevented or delayed by causes beyond its control and shall attempt to cure promptly without the cause for such suspension fault or negligence of either Party. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events Causes beyond the a Party's control of the parties, including may include, but are not limited to, acts of God God or war, strikes changes in controlling law, lockouts regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, epidemics and quarantines, general strikes throughout the trade, and freight embargoes. A Party shall notify the other Party orally within five (5) days and in writing within fifteen (15) days of the date on which the Party becomes aware, or other industrial disturbances should have reasonably become aware, riots that such causes would prevent or delay its performance. Such notification shall (i) describe fully such cause(s) and its effect on performance, epidemics (ii) state whether performance under the Agreement is prevented or delayed, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal (iii) if performance is delayed, state or local governmental authority, whether or not a reasonable estimate of the same class or kind, reasonably beyond duration of the control delay. After receipt of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition notification, the Contractor shall inform Party receiving notification may elect either to cancel the Department of Contract or to extend the problem at time for performance as reasonably necessary to compensate for the earliest practical time and present a plan for return to normal service other Party's delay.

Appears in 3 contracts

Samples: Agreement (Vivid Learning Systems, Inc.), Agreement (Vivid Learning Systems, Inc.), Agreement (Vivid Learning Systems, Inc.)

Force Majeure. Except Any delay in the performance of any of the obligations of either party (except for the payment of money due, neither party money) shall not be considered a breach of this AGREEMENT and the time required for performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms period of such delay, provided that such delay has been caused by or is the result of (including without limitation in relation to third party contractors and conditions suppliers) any act of God, acts of the Contract and public enemy; insurrections; riots; embargoes; labor disputes such as strikes, lockouts or boycotts; fires; explosions; floods; earthquakes; mudslides; or other unforeseeable causes beyond the failure is caused by, or is in connection with, force majeure control of the party so affected. The party suspending performance so affected shall give prompt notice to the other party of such cause, and shall attempt take whatever reasonable steps are necessary to cure promptly relieve the effect of such cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon rapidly as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service reasonable.

Appears in 3 contracts

Samples: Supply Agreement (Biomira CORP), Quality Agreement (Biomira Inc), Security Agreement (Biomira Inc)

Force Majeure. Except for If by reason of force majeure either the payment of money due, neither party Issuer or the Company shall be deemed rendered unable wholly or in breach or default part to carry out its obligations under this Agreement, and if such party gives notice and full particulars of this Contract such force majeure in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt within a reasonable time after failure to cure promptly carry out its obligations under this Agreement, such obligations (other than the cause for such suspension. Upon cessation obligations of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by Company specified in the parties. Notwithstanding any other provision last sentence of this contract Section 11.1) of the parties agree that the settlement of strikes party giving such notice, lockouts or other industrial disturbances so far as they are affected by such force majeure, shall be entirely within suspended during the discretion continuance of the particular party involved inability then claimed, including a reasonable time for removal of the effect thereof. For purposes of this Contract, the The term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, lockouts or other industrial disturbances , acts of the public enemy, orders of any kind of the Government of the United States, or of any state thereof, or any civil or military authority, insurrections, riots, epidemics, landslides, floods lightning, earthquakes, fires, hurricanes, tornadoes, storms, floods, washouts, arrests droughts, arrests, restraining of government and restraints people, civil disturbances, explosions, breakage of or accidents to pipe lines machinery, transmission pipes or canals, partial or entire failure of equipment or utilities, compliance with acts shortages of labor, orders material, regulations supplies or requests of transportation, or any federal, state or local governmental authority, whether or other cause not reasonably within the control of the same class or kind, party claiming such inability. The requirement that any force majeure shall be reasonably beyond the control of either the party and which shall be deemed to be fulfilled even though the existing or impending strike, lockout or other industrial disturbance may not be settled but could have been settled by exercise acceding to the demand of due diligence, such party is unable to overcome the opposing Person or Persons. In the The occurrence of any event a of force majeure condition exists shall not suspend or otherwise abate, or and the potential exists for such condition Company shall not be relieved from, the Contractor shall inform obligation to pay the Department of the problem Loan Payments and to pay any other payments required to be made by it under this Agreement at the earliest practical time and present a plan for return to normal service times required.

Appears in 3 contracts

Samples: Loan Agreement (Cleco Corp), Loan Agreement (Cleco Corp), Loan Agreement (Cleco Power LLC)

Force Majeure. Except for the performance of any monetary payment obligations hereunder, the duties of money due, neither party Sublessor or Sublessee to observe or perform any of the provisions of this Sublease on its part to be performed or observed shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant excused for a period equal to the terms and conditions period of the Contract and the failure is caused by prevention, delay or is in connection with, force majeure. The party suspending performance shall give prompt notice stoppage due to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control of the parties affected party, including by reason of strikes, civil riots, shortages of materials (except in the event materials of like kind or quality are available), war, invasion, fire or other casualty, labor unrest (unless such labor unrest solely affects the Premises and is not a result of Sublessee's acts, omission or negligence but not limited to is caused by the acts, acts omissions or negligence of Sublessor), actions of public utilities, Acts of God, strikes unforeseen or unknown conditions in, lockouts on or under the Premises, adverse environmental conditions or contamination, adverse seasonal or weather conditions beyond those normally experienced in the Portsmouth area, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not events beyond the reasonable control of the same class or kind affected party, reasonably beyond provided that (a) the control affected party has taken steps that are reasonable under the circumstances to mitigate the effects of either such Force Majeure situation, and (b) the affected party and which, by exercise notifies the other party in writing of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or of Force Majeure within five (5) days after the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service occurrence thereof.

Appears in 3 contracts

Samples: And Attornment Agreement (Cabletron Systems Inc), Supplemental Agreement (Aprisma Management Technologies Inc), And Attornment Agreement (Aprisma Management Technologies Inc)

Force Majeure. Except for The term “force majeure,” as used herein, shall mean an unforeseen event or occurrence beyond the payment of money due, neither party shall be deemed in breach reasonable control or default of this Contract in without the event that either party fails to perform pursuant to the terms and conditions fault or negligence of the Contract and the failure is caused by, or is in connection with, force majeure. The affected party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God earthquakes, inclement weather, fire, explosions, malicious mischief, insurrection, riot, strikes, lockouts lock-outs, boycotts, picketing, labor disputes or disturbances (excluding strikes, lock-outs, boycotts, pickets, labor disputes or disturbances or other industrial disturbances disputes or action involving the Member or TTMS or its Affiliates, riots their employees, epidemics subcontractors or vendors of any of their employees), landslides acts of the public enemy, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of war (declared or accidents to pipe lines, failure of equipment or, undeclared) compliance with acts, orders, regulations any order or requests directive of any federal, state governmental agencies or local governmental authorities or representatives of any government acting under claim or color of authority, whether or not loss of transportation facilities ordinarily available to and used by a party in the performance of the same class obligations imposed by this Agreement; where such event, occurrence or kind compliance would render the affected Party’s performance illegal or physically impossible. Neither Member nor TTMS or its Affiliate shall be under any obligations or subject to any liability for failure to carry out respectively the terms and provisions of this Contract during the time and to the extent that such failures due solely to force majeure. The Party affected by force majeure must give notice stating the time of occurrence and full particulars of the force majeure in writing, reasonably beyond to the control other party as soon as possible after the occurrence of the force majeure. The obligation of the party giving notice of force majeure shall be suspended during the continuance of the force majeure event. Nothing in this clause regarding force majeure shall be construed to relieve either party and which, by exercise of its obligation to pay monies due diligence, such party is unable to overcome. In under the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Contract.

Appears in 3 contracts

Samples: www.cleangulfassoc.com, www.cleangulfassoc.com, www.cleangulfassoc.com

Force Majeure. Except for the payment Any delay or failure of money due, neither performance of either party to these terms and conditions shall be deemed in not constitute a breach or default of this Contract in the event that either party fails to perform pursuant to the these terms and conditions of or any Service order, or give rise to any claims for damages, if and to the Contract and the extent that such delay or failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events an occurrence beyond the control of the parties party affected, including, but not limited to, acts of governmental authorities, acts of God , the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or other industrial disturbances changes in laws, riots regulations, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome ordinances. In the event that a party intends to invoke this force majeure condition exists provision, or that party shall provide prompt notice to the potential exists for such condition, other party as soon as possible after the Contractor shall inform the Department occurrence of the problem at event giving rise to the earliest practical time and present a plan for return to normal service claim of force majeure.

Appears in 3 contracts

Samples: globalforwarding.com, www.globalforwarding.com, globalforwarding.com

Force Majeure. Except Subject to the party’s compliance with the notice requirements as set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to causes beyond the control and without the fault of the party claiming an extension of time to perform, which may include the following: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, acts or omissions of the other party, or acts or failures to act of any public or governmental entity (except that the acts or failure to act of the City or Authority shall not excuse performance of the City or Authority hereunder). An extension of the time for any such cause shall be for the payment of money due, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions period of the Contract enforced delay and shall commence to run from the failure time of the commencement of the cause, if notice by the party claiming such extension is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice sent to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within thirty (30) days of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion commencement of the particular party involved cause. For purposes Inability to obtain financing for the acquisition or operation of this Contract, the term "force majeure" Property shall mean acts or events not constitute an event beyond the control of the parties, including, but not limited to, acts Developer for purposes of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service this Section 403.

Appears in 3 contracts

Samples: Affordable Housing Agreement, Affordable Housing Agreement, Affordable Housing Agreement

Force Majeure. Except for the payment of money due, neither 12.1. Either party shall be deemed in breach or default entitled to suspend performance of this its obligations under the Contract in the event that either party fails to perform pursuant to the terms and conditions extent that such performance is impeded or made unreasonably onerous by Force Majeure, meaning any of the Contract following circumstances: industrial disputes and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events circumstance beyond the control of the parties, parties including, but not limited to without limitation, acts fire, war, extensive military mobilization, insurrection, requisition, seizure, embargo, restrictions in the use of God power, strikes, lockouts, or other industrial disturbances, riots currency and export restrictions, epidemics, landslides natural disasters, floods extreme natural events, fires, washouts, arrests terrorist acts and restraints, civil disturbances, explosions, breakage of defects or accidents delays in deliveries by sub-contractors caused by any such circumstance referred to pipe lines, failure of equipment or, compliance with acts, orders, regulations in this Clause. A circumstance referred to in this Clause whether occurring prior to or requests of any federal, state or local governmental authority, whether or not after the formation of the same class or kind, reasonably beyond Contract shall give a right to suspension only if its effect on the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department performance of the problem Contract could not be foreseen at the earliest practical time and present a plan for return to normal service of the formation of the Contract.

Appears in 3 contracts

Samples: www.renk-ag.com, www.renk-ag.com, www.renk-group.com

Force Majeure. Except for Subject to the payment of money due party’s compliance with the notice requirements as set forth below, neither performance by a party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be deemed in breach extended, where delays or default of this Contract in the event that either party fails defaults are due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control and without the fault of the parties party claiming an extension of time to perform, including which may include, but not limited to without limitation, the following: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, strikes, lockouts, or other industrial disturbances, riots acts of the public enemy, epidemics, landslides quarantine restrictions, floods freight embargoes, fires lack of transportation, washouts governmental restrictions or priority, arrests and restraints litigation, civil disturbances unusually severe weather, explosions inability to secure necessary labor, breakage materials or tools, acts or omissions of the other party, or accidents acts or failures to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests act of any federal, state public or local governmental authority, whether entity (except that City’s acts or failures to act shall not excuse performance of City hereunder). An extension of the same class or kind, reasonably beyond time for any such cause shall be for the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department period of the problem at enforced delay and shall commence to run from the earliest practical time and present a plan for return of the commencement of the cause, if notice by the party claiming such extension is sent to normal service the other party within thirty (30) days of the commencement of the cause.

Appears in 3 contracts

Samples: Major Maintenance Agreement, Facility Management Agreement, Facility Management Agreement

Force Majeure. Except for the payment In case by reason of money due force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, neither then except as otherwise expressly provided in this Agreement, if such party shall be deemed give notice and full particulars of such force majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice, other than the obligation of the Borrower to make the payments required under the terms hereof or of the Note, so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed which shall include a reasonable time for suspension the removal of the effect thereof, performance but for no longer period, and such parties shall resume ( endeavor to remove or commence) overcome such inability with all reasonable dispatch. The term “force majeure”, as soon as reasonably practicable employed herein, unless otherwise agreed to by means acts of God, strikes, lockouts or other industrial disturbances, acts of the parties. Notwithstanding public enemy, orders of any kind of the Government of the United States, of the State or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, volcanoes, fires, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, restraining of government and people, civil disturbances, explosions, partial or entire failure of utilities, shortages of labor, material, supplies or transportation, or any other provision similar or different cause not reasonably within the control of this contract the parties agree party claiming such inability. It is understood and agreed that the settlement of existing or impending strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, having the term " difficulty and that the above requirements that any force majeure" majeure shall mean acts or events be reasonably beyond the control of the parties, including, but not limited to, acts of God, party and shall be remedied with all reasonable dispatch shall be deemed to be fulfilled even though such existing or impending strikes, lockouts, or lockouts and other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests disturbances may not be settled and restraints, civil disturbances, explosions, breakage of or accidents could have been settled by acceding to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not the demands of the same class opposing person or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service persons.

Appears in 3 contracts

Samples: Loan Agreement (Connecticut Water Service Inc / Ct), Loan Agreement (Connecticut Water Service Inc / Ct), Loan Agreement (Connecticut Water Service Inc / Ct)

Force Majeure. Except In the event the DEVELOPER'S or COUNTY'S performance of this DA is prevented or interrupted by consequent act of God, or of the public enemy, or national emergency, or a governmental restriction upon the use or availability of labor or materials, or civil insurrection, riot, racial or civil rights disorders or demonstration, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, sinkholes, earthquake, or other casualty, disaster, or catastrophe, or judgment, or a restraining order or injunction of any court, the DEVELOPER or COUNTY shall not be liable for such nonperformance, and the time of performance shall be extended for the payment number of money due, neither party shall be deemed in breach days that the force majeure event prevents or default interrupts the DEVELOPER'S or COUNTY'S performance of this Contract in DA as reasonably determined by the other party. This paragraph shall not apply to force majeure events caused by the DEVELOPER or under the DEVELOPER'S control, or caused by the COUNTY or under the COUNTY'S control, as applicable. In the event that either party fails to perform pursuant to performance by the terms and conditions DEVELOPER or COUNTY of the Contract commitments set forth in this DA shall be interrupted or delayed in connection with acquisition of necessary governmental permits or approvals for the construction of the Pipeline Projects and the failure which interruption or delay is caused by through no fault of the party with a delayed performance, or is in connection with, force majeure. The then the party suspending with a delayed performance shall give prompt notice submit documentation to the other party regarding such event for review and concurrence. If such documentation shows that such event(s) have taken place, then the party with a delayed performance shall attempt to cure promptly the cause be excused from such performance for such suspension period of time as is reasonably necessary after such occurrence to remedy the effects thereof, provided, however, in no event shall any such extension exceed three (3) months. Upon cessation of the cause for suspension, performance shall resume Any requested extensions beyond such three ( or commence 3) as soon as reasonably practicable, unless otherwise agreed month period may only be accomplished by an amendment to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service DA.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Except for Any delay in the performance of any of the obligations of either party hereto (except the payment of money due, neither party owed) shall not be considered a breach of this Agreement and the time required for performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms and conditions period of such delay, provided that such delay is due to: acts of God, weather, fire, explosion; invasion, riot or other civil unrest; governmental laws, orders, restrictions, actions, embargoes or blockades; national or regional emergency, injunction, strikes, lock-outs, labor trouble or other industrial disturbances; inability to obtain or interruption of materials, labor, containers, fuel or transportation; or any other cause beyond the control of the Contract and the failure is caused by, or is in connection with, force majeure affected party. The party suspending performance so affected shall give prompt notice to the other party of such cause and shall attempt use its reasonable efforts to cure promptly relieve the effect of such cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon rapidly as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service possible.

Appears in 3 contracts

Samples: Agreement (King Pharmaceuticals Inc), Agreement (King Pharmaceuticals Inc), Agreement (Novavax Inc)

Force Majeure. Except for the payment of money due, neither party Neither Contractor nor TDA shall be deemed in breach liable to the other for any delay in, or default failure of this Contract performance of, any requirement included in the contract caused by an event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The existence of an event of force majeure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party suspending performance shall give prompt notice exercises all reasonable due diligence to the other party and shall attempt to cure promptly the cause for such suspension perform. Upon cessation of the cause for suspension, performance shall resume Force majeure is defined as: ( or commence A) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, acts or failure of government or governmental authorities, war, fires, explosions, destruction of property, hurricanes, tornadoes, floods, extreme weather, strikes , lockouts, or other industrial disturbances , riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of disturbance or accidents to pipe lines unrest, failure of equipment or transportation, compliance with or disruption(s) of supply chain(s); or (B) acts, orders causes, regulations or requests of any federal circumstances, state or local governmental authority events and matters related to public health, whether local, state, regional, national or worldwide, including, without limitation, disease, epidemic, pandemic, viral or bacterial outbreaks, or contamination of or disruption to food or water supply. To constitute an event of force majeure, the act, cause, circumstance, event or matter must: (i) directly result in damage, loss, harm, destruction, disruption or calamity to the party declaring an event of force majeure of such magnitude that a reasonably competent and prepared entity or individual could not be expected to continue operations or perform services under such circumstances; (ii) be beyond the reasonable control of the same class or kind party declaring an event of force majeure; and (iii) be of such a nature that by exercise of due foresight the party declaring an event of force majeure could not reasonably have been expected to avoid, reasonably beyond the control of either party and which, by the exercise of all reasonable due diligence, such party is unable to overcome. In The party declaring an event of force majeure shall provide at least seven days written notice to the nondeclaring party of the event a of force majeure condition exists, and the actions or the potential exists for such condition, the Contractor shall inform the Department remedies it is taking as a result of the problem at event of force majeure. If either party is unable to continue operations or provide services as a result of an event of force majeure, only after providing notice of an event of force majeure as required by this section and making a legitimate effort to continue operations and/or provide services, such party may terminate this Contract by providing written notice as required by this section. If this Contract is terminated because of an event of force majeure, TDA shall be responsible for payment of only reasonable and customary charges for necessary services actually provided by Contractor up to the earliest practical time and present a plan for return to normal service date of termination.

Appears in 3 contracts

Samples: squaremeals.org, squaremeals.org, squaremeals.org

Force Majeure. Except Neither party shall be liable for the failure of performance, except for payment of money due hereunder, neither party shall be deemed in breach if it is occasioned by Force Majeure such as wars, fire, explosion, flood, strike, lockout, embargo, Acts of God or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, government or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events cause beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not provided that either of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable parties has executed all reasonable efforts to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service remedy said circumstances.

Appears in 3 contracts

Samples: Distribution and Sale Agreement (Caraco Pharmaceutical Laboratories LTD), Agreement (Caraco Pharmaceutical Laboratories LTD), Agreement (Caraco Pharmaceutical Laboratories LTD)

Force Majeure. Except for The performance of the payment of money due, neither Contract by either party shall be deemed in breach or default of this Contract in the event that either party fails subject to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, war, government regulation, natural disaster, strikes, lockouts civil disorder, curtailment of transportation or supply facilities or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests emergency beyond the control and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control making of either party and which party, by exercise of due diligence, such party is unable making it impossible to overcome perform the obligations set forth in the Contract in accordance therewith. In the event a force majeure condition exists such circumstances occur, or if performance is totally impossible, either party may terminate the potential exists Contract without liability therefore. If partial performance is possible under the Contract, reasonable extensions of time for such condition, the Contractor said performance shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service be allowed.

Appears in 3 contracts

Samples: Master Contract General Conditions Agreement, Master Contract General Conditions Agreement, Master Contract General Conditions Agreement

Force Majeure. Except for the payment of money due, neither party Neither City nor Consultant shall be deemed considered in breach default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or default of this Contract in negligence on the event that either party fails to perform pursuant to the terms and conditions part of the Contract and parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractors or supplies due to such cause; provided that the failure is caused by parties so disenabled shall within ten days from the beginning of such delay, or is in connection with, force majeure. The party suspending performance shall give prompt notice to notify the other party and shall attempt to cure promptly in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such suspension. Upon a cause of delay or default and shall, upon cessation of the cause for suspension cause, diligently pursue performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by of its obligation under the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service Agreement.

Appears in 3 contracts

Samples: Draft Professional Services Agreement, Consultant of Record Professional Services Agreement, Draft Professional Services Agreement

Force Majeure. Except for Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money due, neither party money) shall not be considered a breach of this Agreement and the time required for performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms and conditions period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the Contract and the failure is caused by public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or is in connection with, force majeure boycotts; fires; explosions; floods; shortages of material or energy; or other 8 unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The party suspending performance so affected shall give prompt notice to the other party of such cause, and shall attempt take whatever reasonable steps are necessary to cure promptly relieve the effect of such cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon rapidly as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service possible.

Appears in 3 contracts

Samples: Supply Agreement (Iomed Inc), Supply Agreement (Iomed Inc), Supply Agreement (Iomed Inc)

Force Majeure. Except for If LBSV should be delayed in or prevented from performing any of the payment of money due terms, neither party shall be deemed in breach covenants or default conditions of this Contract in the event that either party fails to perform pursuant to the terms and conditions Agreement by reason of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the a cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties LSV, including whether or not foreseeable, but not limited to including fires, floods, earthquakes, subsidence, ground collapse or landslides, interruptions or delays in transportation or power supplies, strikes, lockouts, wars, acts of God, strikes native title claims, lockouts inability to obtain required governmental permits or approvals in a timely manner, government regulation or other industrial disturbances interference (but excluding a lack of funds), riots then any such failure on the part of LBSV to so perform shall not be deemed to be a breach of this Agreement and the time within which LBSV is obliged to comply with any terms, epidemics, landslides, floods, fires, washouts, arrests covenants or conditions of this Agreement shall be extended by the period of all such delays. LBSV shall give notice in writing to AuEx forthwith and restraints, civil disturbances, explosions, breakage for each new cause of delay or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not prevention shall set out in such notice particulars of the cause, and the date on which the same class arose, and shall take all reasonable steps to remove the cause of such delay or kind prevention, reasonably beyond and shall also give notice immediately following the control of either party and which, by exercise of due diligence, date that such party is unable cause ceases to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service exist.

Appears in 3 contracts

Samples: Sublease and Agreement (Liberty Silver Corp), Exploration Earn in Agreement (Liberty Silver Corp), Exploration Earn in Agreement (Liberty Silver Corp)

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default a. Performance of this Contract in Agreement by the event that either party fails to perform pursuant parties hereto is subject to the terms and conditions occurrence of riots, strikes, destruction of the Contract facility, utility disruption, epidemics, acts or orders of public authorities, and acts of God. University will make the failure is caused by, or is in connection with, final determination of what constitutes force majeure. The Explicitly excluded from conditions of force majeure are instances where an event must be canceled or postponed because artists, presenters, participants or members of Facility User's organization are ill or unable to attend for any other reason. A party suspending performance shall give prompt notice desiring to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation avail itself of the cause for suspension right to cancel this Agreement because of the occurrence of any of the aforementioned conditions of force majeure shall, performance shall resume (or commence) as soon as reasonably practicable possible, unless otherwise agreed to notify the other party thereof by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome written notification. In the event a of such cancellation due to force majeure, each party shall be solely responsible for expenses each has incurred at the time of cancellation and shall not have any liability for any expenses of the other party. Penalties for cancellation for any reason other than force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service as defined in this paragraph are covered in section m below.

Appears in 2 contracts

Samples: Millar Chapel, Memorial Service Rental Agreement

Force Majeure. Except for Subject to the payment of money due party’s compliance with the notice requirements as set forth below, neither performance by a party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be deemed in breach extended, where delays or default of this Contract in the event that either party fails defaults are due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events causes beyond the control and without the fault of the parties party claiming an extension of time to perform, including which may include, but not limited to without limitation, the following: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, strikes, lockouts, or other industrial disturbances, riots acts of the public enemy, epidemics, landslides quarantine restrictions, floods freight embargoes, fires lack of transportation, washouts governmental restrictions or priority, arrests and restraints litigation, civil disturbances unusually severe weather, explosions inability to secure necessary labor, breakage materials or tools, acts or omissions of the other party, or accidents acts or failures to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests act of any federal public or governmental entity (except that Authority’s acts or failure to act shall not excuse performance of Authority hereunder). Subject to the timing and provisions of Section 3.10.1, state in no event shall Developer’s difficulty or local governmental authority, whether inability to obtain and secure the Primary Loan or not other financing become an event of force majeure. An extension of the same class or kind, reasonably beyond time for any such cause shall be for the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department period of the problem at enforced delay and shall commence to run from the earliest practical time and present a plan for return of the commencement of the cause, if notice by the party claiming such extension is sent to normal service the other party within thirty (30) days of the commencement of the cause.

Appears in 2 contracts

Samples: Affordable Housing Agreement, Affordable Housing Agreement

Force Majeure. Except for the payment of money due, neither party If either Manufacturer or Distributor shall be deemed unable, by reason of any event referred to herein as "force majeure," to carry out its obligations under this Agreement, either wholly or in breach part, the party so failing shall give notice and full particulars of such event or default of this Contract events in the event that either party fails to perform pursuant writing to the other party as soon as possible after the occurrence of any such event, and thereupon such obligation shall be suspended during the continuance of such cause which, however, shall be remedied or removed with all possible dispatch; and the obligations, terms and conditions of this Agreement shall be extended for such period as may be reasonably necessary for the Contract and purpose of making good any suspension so caused, provided that no claim for suspension shall be made by either party when the failure is period of suspension so caused by, or is in connection with, force majeure shall be less than ten (10) consecutive business days. The party suspending performance shall give prompt notice events referred to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) herein as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control include fire, casualty, unavoidable accident, failure of the parties usual sources of supply, including strikes, but not limited to labor conditions, lockouts, war, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests the enactment of any federal, state or local governmental municipal law or ordinance or the issuance of any executive or judicial order, whether federal, state or municipal, or of any other legally constituted authority, whether accidents to machinery or any other cause not of the same class or kind, reasonably beyond within the control of either the party claiming relief from any of the requirements of this Agreement and which that, by the exercise of due diligence, such the party is unable to prevent or overcome. In the Mere inability to make any payment of money required hereunder shall not constitute an event a of "force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service majeure. "

Appears in 2 contracts

Samples: Distributor Agreement (Lapis Technologies Inc), Distributor Agreement (Lapis Technologies Inc)

Force Majeure. Except for If Optionee should be delayed in or prevented from performing any of the payment of money due terms, neither party shall be deemed in breach covenants or default conditions of this Contract Agreement by reason of a cause beyond the control of Optionee, whether or not foreseeable, including fires, floods, earthquakes, subsidence, ground collapse or landslides, interruptions or delays in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by transportation or power supplies, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract labor disputes, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to wars, acts of God, strikes changes in laws, lockouts native title claims, inability to obtain required governmental permits or approvals in a timely manner, curtailment or suspension of activities to remedy or avoid an actual or alleged, present or prospective violation of Environmental Laws, government regulation or interference (but excluding a lack of funds), drought or other adverse weather condition, actions by citizen groups including but not limited to environmental organizations, or any other industrial disturbances cause whether similar or dissimilar to the foregoing (each an "Event of Force Majeure"), riots then any such failure on the part of Optionee to so perform shall not be deemed to be a breach of this Agreement and the time within which Optionee is obliged to comply with any terms, epidemics, landslides, floods, fires, washouts, arrests covenants or conditions of this Agreement shall be extended by the period of all such delays. Optionee shall give notice in writing to Optionor forthwith and restraints, civil disturbances, explosions, breakage for each Event of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not Force Majeure shall set out in such notice particulars of the cause, and the date on which the same class or kind arose, reasonably beyond and shall take all reasonable steps to remove the control cause of either party such Event of Force Majeure (although Optionee shall have no obligation to settle any labor dispute on terms other than those acceptable to it in its sole discretion), and which, by exercise of due diligence, shall also give notice immediately following the date that such party is unable cause ceases to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service exist.

Appears in 2 contracts

Samples: in Agreement (Altair International Corp.), In Agreement (Lithium Corp)

Force Majeure. Except for the payment of money due, neither party Neither Party shall be deemed liable for, or shall be considered to be in breach or default of the Terms and Conditions of this Contract in the event that either party fails Agreement on account of any delay or failure to perform pursuant as required herein as a result of any causes or conditions that are beyond such Party's reasonable control and that such Party is unable to overcome through the terms and conditions exercise of the Contract and the failure is caused by commercially reasonable efforts. If any force majeure event occurs (which shall include, without limitation, telecommunications, Internet or is in connection with Network failure, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation results of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to computer hacking, acts of God, fire, explosion, vandalism, storm or other natural occurrences, any conflicting order, direction, action or request of the United States government (including, without limitation, state and local governments) or of any regulatory department, agency, commission, court, bureau, corporation or other instrumentality, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages or other industrial disturbances such labor difficulties), riots the affected Party shall provide prompt written notice to the other Party and shall use commercially reasonable efforts to minimize the impact of such event. Notwithstanding the foregoing, epidemics, landslides, floods, fires, washouts, arrests the Parties' obligations to the other shall be excused and/or postponed during and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not only for the duration of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a applicable force majeure condition exists, or event and shall resume as soon as practicable after the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service force majeure event has ended.

Appears in 2 contracts

Samples: Master Publisher Agreement, Performance Based Ad Network Agreement

Force Majeure. Except for the payment of money due, neither party shall be deemed in breach or default of this Contract in In the event that either party fails to perform pursuant to the terms and of matters or conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, Bank including but not limited to to communication failure, failure of use of equipment, failure of electrical or network system or transmission link, online hacking, power outage or any other form of failure, fires, floods, other natural disasters, acts of elements, acts of God, acts of terrorism, war, accidents, epidemics, strikes, lockouts, labor disputes, demands or requirements by the government or any other industrial disturbances matters or circumstances that the Bank cannot be reasonably expected to avoid (hereinafter referred to as “Force Majeure”), riots which, epidemics at the Bank’s determination, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not results in the inability of the same class Bank to fulfill the partial or kind, reasonably beyond the control of either party entire obligations as set forth in these Terms and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, Conditions or the potential exists for such condition BizChannel@CIMB Terms and Conditions, the Contractor Bank shall inform be entitled to terminate, suspend or vary the Department whole or any part of the problem at Services without prior notice and the earliest practical Bank shall not be obliged to meet its obligations . The performance of the Bank’s obligations shall be excused for the duration of the Force Majeure event and a reasonable period of time thereafter and present a plan the Bank shall not be liable for return to normal service any delay, loss, damage, claim or inconvenience whatsoever and howsoever caused by or arising from or in connection with any of the Force Majeure events.

Appears in 2 contracts

Samples: Legally Binding Agreement, Legally Binding Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach liable or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice responsible to the other party and shall attempt for any delay, damage, loss, failure, inability to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to perform caused by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the "force majeure." The term "force majeure " ", as used in this agreement, shall mean acts or events beyond the control of the parties, including, but not limited to, acts an act of God, strikes strike, lockouts act of the public enemy, war, mines or other industrial disturbances items of ordinance, riots blockage, public rioting, lightning, fire, storm, flood, explosions, inability to obtain materials, supplies, labor permits, servitudes, rights of way, acts or restraints of any governmental authority, epidemics, landslides, lightning storms, earthquakes, floods, fires storms, washouts, arrests arrests, restraints of rulers and restraints peoples, civil disturbances, explosions, breakage or accident to machinery or lines of or accidents to pipe lines equipment, temporary failure of equipment, freezing of equipment or, compliance with acts, orders, regulations or requests of and any federal, state or local governmental authority, other cause whether or not of the same class kinds specifically enumerated above or kind, otherwise which are not reasonably beyond within the control of either party the parties hereto and which, which by the exercise of due diligence, diligence could not be reasonably prevented or overcome. Such causes or contingencies effecting the performance of this agreement by any party hereto shall not relieve such party is unable to overcome. In of liability in the event of its concurring negligence or in the event of its failure to remedy this situation if it is within its reasonable control or it could reasonably remove the cause which has prevented its performance. The parties shall use all reasonable dispatch to remove all contingencies effecting the performance of this agreement. This clause shall not relieve any party from its obligations to make payments of amounts then due for previous work; or obligations contemplated and performed hereunder. Furthermore, the party asserting this privilege shall give a full and complete notice of the facts which it considers to excuse its performance under this "force majeure" clause. The parties hereto agree in the event time limits are not met under this agreement as a result of "force majeure", to an extension of said time limit or deadline for the number of days for which the "force majeure" condition existed and after said force majeure condition exists, or the potential exists for such condition has expired, the Contractor contract shall inform continue under the Department of same operations and circumstances as existed prior to the problem at the earliest practical time and present a plan for return to normal service "force majeure" event.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Theinternetcorp Net Inc), Agreement and Plan of Reorganization (Theinternetcorp Net Inc)

Force Majeure. Except 49. Save and except for the payment obligations of money due the Lessee as set forth in this Lease to pay basic rent, neither additional rent and other monies to the Lessor, if either party shall fail to meet its obligations hereunder within the time prescribed, and such failure shall be deemed in breach caused or default materially contributed to by force majeure (and for the purpose of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with Lease, force majeure. The party suspending performance majeure shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation mean any Acts of the cause for suspension God, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion disturbances, Acts of the particular party involved. For purposes of this Contract Queens' enemies, the term "force majeure" shall mean acts or events beyond the control of the parties sabotage, including war, but not limited to blockades, acts of God, strikes, lockouts, or other industrial disturbances insurrections, riots, epidemics, landslides lightning, earthquakes, floods , storms, fires, washouts, arrests nuclear and restraints radiation activity or fallout, arrests, and restraints of rulers and people, civil disturbances, explosions, breakage of or accidents accident to pipe lines machinery, failure of equipment or inability to obtain materials or equipment, compliance with acts any legislative, orders, regulations administrative or requests of judicial action which has been resisted in good faith by all reasonable legal means any federal, state act omission or local governmental authority, event whether or not of the same class kind herein enumerated or kind, reasonably beyond otherwise not within the control of either party such party, and which, which by the exercise of due diligence diligence such party could not have prevented, but lack of funds on the part of such party shall be deemed not to be a force majeure), such failure shall be deemed not to be breach of the obligations of such party is unable to overcome. In hereunder and the event a time for the performance of such obligations shall be extended accordingly, PROVIDED HOWEVER, nothing contained in this Paragraph 50 shall extend or otherwise change the date of expiration of the term hereof, and PROVIDED FURTHER HOWEVER, that force majeure condition exists, or shall not have application for the potential exists for such condition, the Contractor shall inform the Department benefit of the problem at Lessee as regards the earliest practical time procurement and present a plan for return installation by the Lessee of its improvements, fixtures, furniture or equipment in the demised premises unless the services required to normal service be made available by the Lessor in connection therewith are also subject to force majeure.

Appears in 2 contracts

Samples: Lease Agreement (Capital Reserve Corp), Lease Agreement (Capital Reserve Corp)

Force Majeure. Except for the payment of money due The term “Force Majeure,” as used herein, neither party shall be deemed in breach and as applied to Peoples or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by Pool Operator, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to law including governmental bodies acting pursuant to law, acts of God, strikes, lockouts, lockouts or other industrial labor disturbances , acts of a public enemy, war, blockades, insurrections, riots, epidemics, landslides lightning, fires, floods, fires, washouts, arrests and restraints arrests, civil disturbances, explosions, breakage of or accidents to pipe lines machinery or lines of pipe, failure of equipment or freezing pipelines, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority other cause, whether or not of the same class kind enumerated or kind otherwise, not reasonably beyond within the control of either the affected party. The settlement of strikes, lockouts or labor disturbances by acceding to the demands of an opposing party and which, by exercise when such course is inadvisable is at the discretion or judgment of due diligence, such party is unable to overcome the affected party. In the event a force majeure Peoples or Pool Operator is rendered unable, wholly or in part, by Force Majeure, to carry out its obligations other than the obligation to make payment of amounts accrued and due under this Agreement, and after notice of the Force Majeure condition exists is given to the other party in writing or by facsimile, the obligation of both parties, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused and the Force Majeure condition shall be remedied with all reasonable dispatch. Neither Peoples nor Pool Operator shall be liable in damages to the other for any act, omission or circumstances occasioned by, or in consequence of, Force Majeure. Such causes or contingencies affecting the potential exists for performance of this Agreement by Peoples or the Pool Operator shall not relieve the affected party of liability unless such condition, party shall give notice and full particulars of such cause or contingency in writing or by facsimile to the Contractor shall inform other party as soon as reasonably practical after the Department occurrence of the problem at cause relied upon, nor shall such causes or contingencies affecting this Agreement by either party relieve it of liability in the earliest practical time and present a plan event of its concurring negligence, nor shall such causes or contingencies affecting the performance of this Agreement relieve either party from its obligations to make payments of amounts for return services rendered under the Agreement for gas already allocated to normal service Ratepayers.

Appears in 2 contracts

Samples: Non Priority, Priority One/Firm Pooling Agreement

Force Majeure. Except for the payment In case by reason of money due force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, neither then except as otherwise expressly provided in this Agreement, if such party shall be deemed give notice and full particulars of such force majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice (other than (i) the obligations of the Lessee to make the Rental Payments required under the terms hereof, or (ii) the obligations of the Lessee to comply with Sections 5.1, 5.4, 8.1 or 8.2), so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed, which shall include a reasonable time for suspension the removal of the effect thereof, performance but for no longer period, and such party shall resume ( endeavor to remove or commence) as soon as reasonably practicable overcome such inability with all reasonable dispatch. The term “force majeure” shall mean acts of God, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to disturbances, acts of God the public enemy, strikes orders of any kind of the Government of the United States or of the State or any civil or military authority, lockouts, or other industrial disturbances insurrections, riots, epidemics, landslides, floods lightning, earthquakes, fires, hurricanes, storms, floods, washouts, arrests droughts, arrest, restraining of government and restraints people, war, terrorism, civil disturbances, explosions, breakage of partial or accidents to pipe lines, entire failure of equipment or utilities, compliance with acts shortages of labor, orders material, regulations supplies or requests of transportation, or any federal, state other act or local governmental authority, whether event so long as such act or event is not reasonably foreseeable and is not reasonably within the control of the same class party claiming such inability. Notwithstanding anything to the contrary herein, in no event shall the Lessee’s financial condition or kind, inability to obtain financing constitute a force majeure. It is understood and agreed that the requirements that any force majeure shall be reasonably beyond the control of either the party and which, by exercise of due diligence, such party is unable shall be remedied with all reasonable dispatch shall be deemed to overcome. In be satisfied in the event of a strike or other industrial disturbance even though existing or impending strikes or other industrial disturbances could have been settled by the party claiming a force majeure condition exists, or hereunder by acceding to the potential exists for such condition, the Contractor shall inform the Department demands of the problem at opposing person or persons. The Lessee shall promptly notify the earliest practical time Agency upon the occurrence of each force majeure, describing such force majeure and present a plan for return its effects in reasonable detail. The Lessee shall also promptly notify the Agency upon the termination of each such force majeure. The information set forth in any such notice shall not be binding upon the Agency, and the Agency shall be entitled to normal service dispute the existence of any force majeure and any of the contentions contained in any such notice received from the Lessee.

Appears in 2 contracts

Samples: Agency Lease Agreement, Agency Lease Agreement

Force Majeure. Except for Should any circumstance beyond the payment reasonable control of money due any party occur which delays or renders impossible the performance of its obligations under this Agreement on the date herein provided for, neither party such obligation shall be deemed in breach postponed for such time as such performance necessarily has had to be suspended or default delayed on account thereof. In either such event, all parties shall promptly meet to determine an equitable solution to the effects of this Contract in the event such event, provided that either any party who fails because of force majeure to perform pursuant to its obligations hereunder will upon the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension force majeure take all reasonable steps within its power to resume with the least possible delay compliance with its obligations. Events of force majeure shall include, performance shall resume (or commence) as soon as reasonably practicable without limitation, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes war, lockouts revolution, invasion, insurrection, riots, mob violence, sabotage or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to civil disorders, acts of God, strikes, lockouts, strikes or other industrial disturbances labor disputes, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders laws, regulations or requests rules of any federal, state government or local governmental authority, whether or not agency and any other circumstances beyond the reasonable control of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition party, the Contractor shall inform the Department obligations of the problem at the earliest practical time and present a plan for return to normal service whom are affected thereby.

Appears in 2 contracts

Samples: Partnership Agreement (Verizon Wireless Capital LLC), Formation Agreement (Crown Castle International Corp)

Force Majeure. Except for Any delay in the performance of any of the ------------- duties or obligations of either party hereto (except the payment of money due, neither party money) shall not be considered a breach of this Agreement and the time required for performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms and conditions period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the Contract and the failure is caused by public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or is in connection with, force majeure other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party suspending performance shall give prompt notice to the other party of such cause, and shall attempt take promptly whatever reasonable steps necessary to cure promptly relieve the cause for effect of such suspension cause. Upon cessation If Abbott becomes subject to an event of force majeure or problems are encountered which interfere with production of Product at Abbott's Lake County, Illinois plant, the cause for suspension parties shall agree mutually on implementation of an agreed upon action plan to transfer production to another Abbott plant. Parties shall meet, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by after the parties. Notwithstanding any other provision execution of this contract Agreement and at the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control request of either party party, to discuss and which, by exercise of due diligence, define such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service an action plan.

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Anesta Corp /De/), Sale and Purchase Agreement (Anesta Corp /De/)

Force Majeure. Except for the payment In case by reason of money due force majeure either party hereto shall be rendered unable wholly or partially to carry out its obligations under this Contract, neither then if such party shall be deemed give notice and full particulars of such force majeure in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation within a reasonable time after occurrence of the event or cause for suspension relied on, performance shall resume (or commence) the obligation of the party giving such notice, so far as soon as reasonably practicable it is affected by such force majeure, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within suspended during the discretion continuance of the particular inability then claimed, but for no longer period, and any such party involved shall endeavor to remove or overcome such inability with all reasonable dispatch. For purposes of this Contract The term “Force Majeure” as employed herein, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, acts of a public enemy, orders of any kind of the Government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, floods lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests droughts, arrests, restrain of government and restraints people, civil disturbances, explosions, breakage of or accidents to machinery, pipe lines lines or canals, partial or entire failure of equipment or water supply, compliance with acts, orders, regulations or requests inability on the part of the Authority to delivery water hereunder on account of any federal, state or local governmental authority, whether or other causes not of the same class or kind, reasonably beyond within the control of either party the Authority. It is understood and which agreed that the settlement of strikes and lockouts may be difficult, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by exercise of due diligence, such party is unable acceding to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department demands of the problem at opposing party or parties when such settlement is unfavorable to it in the earliest practical time and present a plan for return to normal service judgment of the party having the difficulty.

Appears in 2 contracts

Samples: stwa.org, www.stwa.org

Force Majeure. Except for Notwithstanding anything contained in this agreement, the payment obligation of money due, the Supplier to supply and deliver and the Purchaser to purchase and take delivery shall remain suspended and neither party of them shall be deemed in breach entitled to claim compensation from the other for any loss or default of this Contract in damage caused by such suspension, whether total or partial, if and to the event extent that either party fails the Supplier or the Purchaser is rendered unable to perform pursuant to the terms and conditions its obligations under this agreement by reasons of the Contract and the failure is caused by restraints by Govt., or is in connection with war, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension blockade, performance shall resume (or commence) as soon as reasonably practicable revolution, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of insurrection, strikes , lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to , acts of God, strikes, lockouts, plague or other industrial disturbances, riots, epidemics, landslides destruction of material by flood, floods fire or other natural calamity interfering with the production, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of loading or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not discharge. Provided that the Operation of the same class contract shall be resumed as soon as any such condition or kind circumstances have been removed. Provided further that at all times this clause shall not be construed as releasing the supplier and/or the purchaser from any liability in respect of willful refusal to effect or receive supplies or willful default or neglect in doing so. On the occurrence of Forcemajeure as above, reasonably beyond the control affected party shall give to the other, notice in writing of such occurrence with all details and supporting evidence thereof, within 15 days of such occurrence. In case of forcemajeure conditions prevail for the period in excess of 6 months either party and which, by exercise shall have option to cancel the contract without any liability to pay compensation to the other party on account of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service cancellation.

Appears in 2 contracts

Samples: (Agreement, www.vizagsteel.com

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach responsible for any failure to fulfil any term or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions condition of the Contract if and to the failure is caused by, extent that fulfilment has been delayed or is in connection with, force majeure. The prevented by a Force Majeure Event provided that the affected party suspending performance shall give prompt notice to notifies the other party on an ongoing basis of the nature, extent, effect and likely duration of the circumstances constituting the Force Majeure Event. The affected party shall use all reasonable endeavours to limit the effect of that delay or prevention on the other party. For the purpose of this Clause 21, “Force Majeure Event” means and shall attempt be limited to: (a) riot, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), acts of terrorism, civil war, rebellion, blockades by local communities, revolution, insurrection of military or usurped power; (b) earthquake, flood, fire, explosion and/or other natural physical disaster, but excluding weather conditions as such, regardless of severity; (c) strikes at a national or regional level or industrial disputes at a national or regional level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors (of any tier) or its suppliers and which affect a substantial or essential portion of the Work; and (d) any local or other governmental authority action or inaction affecting any licences, permits, temporary permits, authorisations or approvals required by Company for its operations, but in each case only to cure promptly the cause for extent such suspension events are: (i) not within the control of the party in question; (ii) unavoidable notwithstanding the reasonable care of, or the taking of reasonable steps by the party affected; and (iii) are not the result of any failure of the affected party to carry out any of its obligations under the Contract or any negligence of such party or, where Contractor is the affected party, of any Subcontractors. Following notification of a Force Majeure Event in accordance with this Clause21, the parties shall meet at appropriate intervals to agree on a mutually acceptable course of action to minimise the impact and effects of such Force Majeure Event on the parties. Upon cessation of a Force Majeure Event, the cause for suspension affected party shall forthwith resume full performance of its obligations under the Contract, performance taking into account Company’s operational requirements. Company shall resume ( have the right to terminate all or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion part of the particular party involved. For purposes of this Contract, Work or the term "force majeure" shall mean acts or events beyond Contract at any time by notice to Contractor in the control of the parties, including, but not limited to, acts of God, strikes, lockouts event any Force Majeure Event continues, or other industrial disturbances it is obvious that it will continue, riots for more than seven (7) days, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the provided that Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return not be entitled to normal service any payment in connection with any such termination.

Appears in 2 contracts

Samples: www.repsol.com, www.repsol.com

Force Majeure. Except Non-compliance by either the First Party or the Second Party owing to Force Majeure with any of the said obligations shall not lead to the termination of this agreement provided either the first party or the Second Party has, as soon as possible under the circumstances, notified the other party in a letter sent by registered mail, of the reason for the payment of money due noncompliance. Pursuant to this Clause, neither party Force Majeure shall be deemed in breach or default of this Contract in the to be any unforeseeable and irresistible event that either party fails to perform pursuant provoked by an external cause, which constitutes an obstacle to the terms and conditions performance of the Contract and the failure is caused by an obligation, such as foreign or is in connection with civil war, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to riots, acts of God public enemies, general strikes, lockouts sabotage, or other industrial disturbances piracy, riots fire, epidemics explosion, landslides, floods, fires, washouts, arrests natural disasters and restraints, civil disturbances, explosions, breakage act of or accidents local government and parliamentary authority. The parties agreed to pipe lines, failure interrupt the Agreement for the period of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of such event and until the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service activities resume normally.

Appears in 2 contracts

Samples: Joint Venture Agreement, Private Investment Agreement

Force Majeure. Except The time period specified in this Agreement for the payment performance of money due, neither party services shall be deemed in breach or default extended because of this Contract in the event that either party fails any delays due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events unforeseeable causes beyond the control and without the fault or negligence of the parties City or Contractor, including, but not limited restricted to, acts of God nature or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, lockouts freight embargoes, or other industrial disturbances wars, riots litigation, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests and/or acts of any federal governmental agency, state or local governmental authority including City, whether or not if the delaying party shall within ten (10) days of the same class or kind commencement of such delay notify the other party in writing of the causes of the delay. If Contractor is the delaying party, reasonably beyond City shall ascertain the control facts and the extent of either party delay, and which, by exercise extend the time for performing the services for the period of due diligence, the enforced delay when and if in the judgment of City such party delay is unable justified. City's determination shall be final and conclusive upon the parties to overcome this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the event a force majeure condition exists performance of this Agreement, or the potential exists for such condition, the Contractor however caused. Contractor's sole remedy shall inform the Department be extension of the problem at the earliest practical time and present a plan for return this Agreement pursuant to normal service this Section 3.15.

Appears in 2 contracts

Samples: Agreement for Contract Services, Agreement for Land Use and Contract Services

Force Majeure. Except for In the payment event of money due any act of God or force majeure, such as strikes, lock-outs, accidents, fires, delays of carriers, delays in delivery of materials, labor controversies, breakdowns in key equipment, government actions, war or any other causes beyond the control of the parties hereto, neither party shall be deemed responsible for delay in breach or default of this Contract in the event that either party fails to perform pursuant performance hereunder nor shall it incur liability to the terms and conditions other due to the resulting inability to perform; provided that the party relying on such events of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt majeure gives notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume and anticipated duration within thirty ( or commence 30) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion days of the particular party involved occurrence. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control If for any of the parties foregoing reasons, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party Allied is unable to overcome. In perform its obligations hereunder, Sofsource may obtain Product from other sources during the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return period Allied is unable to normal service perform.

Appears in 2 contracts

Samples: Exclusive Cd Manufacturing Agreement (Allied Digital Technologies Corp), Exclusive Cd Manufacturing Agreement (Allied Digital Technologies Corp)

Force Majeure. Except The time period specified in the Schedule of Performance for performance of the payment of money due, neither party Services rendered pursuant to this Agreement shall be deemed in breach or default extended because of this Contract in the event that either party fails any delays due to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events unforeseeable causes beyond the control and without the fault or negligence of the parties Contractor, including, but not limited restricted to, acts of God God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, lockouts freight embargoes, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests acts of any federal governmental agency other than City, state or local governmental authority and unusually severe weather, whether or not if Contractor shall within ten (10) days of the same class or kind, reasonably beyond commencement of such delay notify the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department Contract Officer in writing of the problem at causes of the earliest practical delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and present a plan for return if in his or her judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to normal service this Agreement.

Appears in 2 contracts

Samples: Contract Services Agreement, Contract Services Agreement

Force Majeure. A. Except for the payment of money due any payments due hereunder, neither party shall be deemed liable for delays or failure in breach performance hereunder caused by acts of God, acts of terrorism or default hostilities, war, strike, labor dispute, work stoppage, fire, act of this Contract government court order, or any other cause, whether similar or dissimilar, beyond the control of that party. The duties and obligations of the parties shall be suspended for the duration of the event preventing proper performance, provided, however, that if, in the event that of a work stoppage, such suspension shall continue in excess of thirty (30) days, the parties shall meet and attempt to arrive at a mutually acceptable compromise within the spirit and intent of this Agreement, failing which, either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt may terminate this Agreement on sixty (60) days' prior written notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service party.

Appears in 2 contracts

Samples: Share Agreement (Valujet Inc), Share Agreement (Airways Corp)

Force Majeure. Except Fidelity shall not be liable for the payment any loss, expense, error or delay, including but not limited to delays in processing of money due, neither party shall be deemed in breach data or default delivery of this Contract in the event that either party fails output or items to perform pursuant to the terms and conditions of the Contract and the failure is caused by Customer, or is in connection with any inability to provide Services hereunder, force majeure. The party suspending performance shall give prompt notice to the other party from any cause beyond its reasonable control and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume ( without its fault or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties negligence, including, but not limited to, acts of God, strikes acts of civil or military authority, lockouts government regulations, government agencies, delay or other industrial disturbances failure to receive any required government approvals, embargoes, epidemics, war, terrorist acts, riots, epidemics insurrections, landslides fires, explosions, earthquakes, nuclear accidents, floods, fires power blackouts affecting facilities, washouts unusually severe weather conditions, arrests and restraints inability to secure products or services of other persons or transportation facilities, civil disturbances, explosions, breakage or acts or omissions of transportation carriers or accidents omissions of third parties (including but not limited to pipe lines, failure of equipment or, compliance with acts, orders, regulations acts or requests omissions of any federal third party service provider or equipment vendor, state messenger service or local governmental authority telephone carrier). Upon the occurrence of a condition described in this Section 5, whether or not Fidelity shall give written notice to Customer describing the affected area of performance, and the same class or kind parties shall promptly confer, reasonably beyond in good faith, to agree upon equitable, reasonable action to minimize the control impact, on both parties, of either party such condition, including, without limitation, implementing disaster recovery services. Fidelity shall use commercially reasonable efforts to minimize the delay caused by force majeure events and which, recommence the performance of Services affected by exercise of due diligence, such party is unable to overcome the force majeure event. In the event a the delay caused by the force majeure condition exists, or the potential exists event lasts for such condition a period of more than thirty (30) days, the Contractor parties shall inform negotiate an equitable modification to this Agreement with respect to the Department Services affected by the force majeure event. If the parties are unable to agree upon an equitable modification within fifteen (15) days after the expiration of such thirty (30) day period, then Customer shall be entitled to serve thirty (30) days’ written notice of termination to Fidelity. If the force majeure event continues to affect performance of Services on the expiration of such thirty (30) day notice period, the portion of this Agreement relating to the affected Service shall, at Customer’s option, terminate. The remaining portion of this Agreement that does not involve the affected Service shall continue in full force and effect. In such event Fidelity shall be entitled to be paid for that portion of the problem at affected Service that Fidelity has completed or is in the earliest practical time and present a plan for return to normal service process of completing through the Termination Date.

Appears in 2 contracts

Samples: Information Technology Services Agreement (Placer Sierra Bancshares), Information Technology Services Agreement (Solera National Bancorp, Inc.)

Force Majeure. Except for Subject to the payment provisions of money due Paragraphs 15 and 16 of this ------------- Lease, neither party Landlord nor Tenant shall be deemed in breach or default of their respective obligations under this Contract in Lease if performance thereof is delayed or becomes impossible because the event that either party fails to perform pursuant to the terms and conditions fault or neglect of the Contract and the failure is caused by other party, or is in connection with because of acts of God, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation war (whether declared or undeclared), earthquake, fire, labor dispute, strike, acts of the cause for suspension public agencies, performance shall resume (or commence) as soon as reasonably practicable embargoes, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes rainy, lockouts stormy or other industrial disturbances shall be entirely within the discretion adverse weather, riot, civil commotion, insurrection, blockade, inability to obtain materials, supplies or fuels, acts and delays of the particular party involved. For purposes of this Contract subcontractors or contractors, the term "force majeure" shall mean acts or events and such other contingencies beyond the control of the parties performing party. Upon such an event, including the time for performance shall be reasonably extended, but in no event shall such extension be longer than sixty (60) days beyond the original date for performance, in which case the party to whom the obligation is owed may terminate this Lease by giving notice to the other party. This Paragraph 36 shall not limited to, acts be applicable to the payment of God, strikes, lockouts, Rent or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service monetary sums under this Lease.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

Force Majeure. Except for the payment Delay in performance or non-performance of money due, neither party any obligation contained herein shall be deemed excused to the extent such failure or non-performance is caused by circumstances beyond the reasonable control of either party to the Agreement, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in breach or default of this Contract existence as well as those enacted in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to future), acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints acts of war, civil disturbances disobedience or terrorism, explosions and delays or failure in obtaining raw materials or transportation. A party affected by force majeure shall promptly provide notice to the other, breakage explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome being remedied. In the event of a force majeure condition exists situation, performance of Services, acceptance of Services or payment for services, which have been suspended, shall not be required to be made up on the potential exists for such condition, resumption of performance to the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service extent impracticable.

Appears in 2 contracts

Samples: Market Brokerage Services Agreement (Ch2m Hill Companies LTD), Ch2m Hill Companies Internal Market Brokerage Services Agreement (Ch2m Hill Companies LTD)

Force Majeure. Except for Should any circumstance beyond the payment reasonable ------------- control of money due any party occur which delays or renders impossible the performance of its obligations under this Agreement on the date herein provided for, neither party such obligation shall be deemed in breach postponed for such time as such performance necessarily has had to be suspended or default delayed on account thereof. In either such event, all parties shall promptly meet to determine an equitable solution to the effects of this Contract in the event such event, provided that either any party who fails because of force majeure to perform pursuant to its obligations hereunder will upon the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension force majeure take all reasonable steps within its power to resume with the least possible delay compliance with its obligations. Events of force majeure shall include, performance shall resume (or commence) as soon as reasonably practicable without limitation, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes war, lockouts revolution, invasion, insurrection, riots, mob violence, sabotage or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to civil disorders, acts of God, strikes, lockouts, strikes or other industrial disturbances labor disputes, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders laws, regulations or requests rules of any federal, state government or local governmental authority, whether or not agency and any other circumstances beyond the reasonable control of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition party, the Contractor shall inform the Department obligations of the problem at the earliest practical time and present a plan for return to normal service whom are affected thereby.

Appears in 2 contracts

Samples: Investment Agreement (Bell Atlantic Corp), Formation Agreement (Crown Castle International Corp)

Force Majeure. Except as otherwise provided, the obligation of Carrier to -------------- furnish the Transportation Services provided for the payment of money due, neither party in this Agreement shall be deemed temporarily suspended during any period(s) in breach or default which either of the parties is unable to comply with the requirements of this Contract in Agreement by reason of the event that either party fails to perform pursuant acts of God or the public enemy, fire, flood, labor disorder, civil commotion, closing of the public's highway(s), government interference or regulations, or their contingencies similar or dissimilar to the terms and conditions foregoing beyond reasonable control of the Contract and affected party; provided that written notice of such delay (including the failure is caused by, or is in connection with, force majeure. The party suspending performance anticipated duration of the delay) shall give prompt notice be given to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service 10 days.

Appears in 2 contracts

Samples: Contract for Motor (United Road Services Inc), Contract for Motor (United Road Services Inc)

Force Majeure. Except for Delays or failures of either party in the performance of its obligations hereunder, except those obligations relating to the payment of money due monies, neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is excused if caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events circumstances beyond the reasonable control of the parties party affected, including, including but not limited to, acts of God, labor strikes, lockouts fire, flood, windstorm, explosion, riot, war, sabotage, any act of terrorism, action or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage request of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not accident, provided that reasonable notice of delay is given considering the totality of the same class or kind, reasonably beyond circumstances. If such circumstances prevent the control performance of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists Services for such condition sixty (60) days, the Contractor Agreement shall inform be deemed to be terminated and the Department provisions of the problem at the earliest practical time and present a plan for return to normal service Article 20 shall apply.

Appears in 2 contracts

Samples: General Services Agreement (W2 Energy Inc), General Services Agreement (W2 Energy Inc)

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice responsible for any resulting loss to the other party and shall attempt to cure promptly if the cause for such suspension. Upon cessation fulfillment of any of the cause for suspension, performance shall resume ( terms or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision provisions of this contract the parties agree that the settlement of Agreement is delayed or prevented by strikes, lockouts or work stoppages and labor unrest (other industrial disturbances shall be entirely within than with respect to strikes, work stoppages and labor unrest that occurs at the discretion Plant at any time after six (6) months after the date hereof), transportation stoppages, ingredient shortages not the fault of the particular party involved. For purposes Supplier, riots, wars, acts of this Contract enemies, the term "force majeure" shall mean acts or events beyond the control of the parties national emergency, including floods, but not limited to fires, acts of God, strikes, lockouts, or by any other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or cause not of the same class or kind, reasonably beyond within the control of either the party and whose performance is interfered with or which, by the exercise of due reasonable diligence, such party is unable to overcome prevent (individually and collectively, a "Force Majeure Event"). In Upon the event occurrence of a Force Majeure Event, the party claiming force majeure condition exists, shall notify the other party forthwith and both parties shall use their reasonable best efforts to mitigate or the potential exists for eliminate any adverse effects of such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service event.

Appears in 2 contracts

Samples: Bakery Product Supply Agreement (Au Bon Pain Co Inc), Bakery Product Supply Agreement (Au Bon Pain Co Inc)

Force Majeure. Except If for any reason of “force majeure” any of the payment of money due, neither party Parties hereto shall be deemed rendered unable, wholly or in breach or default part, to carry out its obligations under this Agreement, other than the obligation of a Participating Public Entity to make the payments required under the terms of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract Agreement, then if such Party shall give notice and the failure is caused by, or is full particulars of such reasons in connection with, force majeure. The party suspending performance shall give prompt notice writing to the other party and shall attempt to cure promptly Party within a reasonable time after the cause for such suspension. Upon cessation occurrence of the event or cause for suspension relied on; the obligation of the Party giving such notice, performance shall resume (or commence) so far as soon as reasonably practicable, unless otherwise agreed to it is affected by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances such “force majeure,” shall be entirely within suspended during the discretion continuance of the particular party involved inability then claimed, but for no longer period, and such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. For purposes of this Contract, the The term " force majeure " ” as employed herein shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or actions of any kind of the Government of the United States or of the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, floods lightning, earthquakes, fires, hurricanes, storms, floods, washouts, arrests droughts, restraints of government and restraints people, civil disturbances, explosions, breakage of or accidents accident to pipe lines dams, failure of equipment or machinery, compliance with acts pipelines, orders or canals or other structures or machinery, regulations or requests on account of any federal, state or local governmental authority, whether or other cause not of the same class or kind, reasonably beyond within the control of either the party claiming such inability. It is understood and which, by exercise agreed that the settlement of due diligence, such party is unable to overcome. In strikes and lockouts shall be entirely within the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department discretion of the problem at Party having the earliest practical time difficulty, and present a plan for return that the above requirement that any “force majeure” shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to normal service the demand of the opposing parties when such settlement is unfavorable to it in the judgment of the Party having the difficulty.

Appears in 2 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure. The party suspending performance shall give prompt notice liable to the other party and shall attempt for any damages for any failure to cure promptly the cause perform or for such suspension. Upon cessation any delays or interruptions beyond that party’s reasonable control in performing any of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed its obligations under this Agreement due to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes fires, lockouts floods, or other industrial disturbances earthquakes, riots, epidemics war, landslides, floods, fires, washouts, arrests and restraints acts of terrorism, civil disturbances insurrection, explosions acts of the public enemy, breakage or acts or failures to act of civil or accidents military authority, unless the time to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests perform is expressly guaranteed. Contractor shall advise Company immediately of any federal anticipated and actual failure, state delay, or local governmental authority interruption and the cause and estimated duration of such event. Any such failure, whether delay, or not interruption, even though existing on the date of this Agreement or on the date of the same class or kind start of the Work, reasonably beyond shall require Contractor to within five (5) days submit a recovery plan detailing the control of either party and which manner in which the failure, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists delay, or interruption shall be remedied and the potential exists for such condition, the revised schedule. Contractor shall inform diligently proceed with the Department Work notwithstanding the occurrence thereof. This Article shall apply only to the part of the problem at Work directly affected by the earliest practical time particular failure, delay, or interruption, and present shall not apply to the Work as a plan for return to normal service whole or any other unaffected part thereof.

Appears in 2 contracts

Samples: General Services Agreement, Terms and Conditions

Force Majeure. Except Any delay in the performance of any of the duties or obligations of either party hereto shall not be considered a breach of this Agreement and the time required for the payment of money due, neither party performance shall be deemed in breach or default of this Contract in the event that either party fails to perform pursuant extended for a period equal to the terms and conditions period of such delay; provided that such delay has been caused by or is the result of any acts of God, acts of the Contract and the failure is caused by public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, or is in connection with boycotts, force majeure fires, explosions, floods, shortages of material or energy or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The party suspending performance so affected shall give prompt notice to the other party of such cause, and shall attempt take whatever reasonable steps are necessary to cure promptly relive the effect of such cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon rapidly as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service possible.

Appears in 2 contracts

Samples: Exclusive Distributorship Agreement (Nanoasia Ltd.), Exclusive Distributorship Agreement (Delcath Systems Inc)

Force Majeure. Except as provided in this Paragraph 17 and without prejudice to the risk of loss, release and indemnity obligations under this Contract, each party to this Contract shall be excused from complying with the terms of this Contract, except for the payment of money monies when due, neither party if and for so long as such compliance is hindered or prevented by a Force Majeure Event, up to a maximum payment of $120,000, or fifteen (15) days, after which the parties agree to renegotiate the Force Majeure Rate based on the estimated time it will take to resolve the Force Majeure Event. As used in this Contract, "Force Majeure Event" includes: acts of God, action of the elements, wars (declared or undeclared), insurrection, revolution, rebellions or civil strife, piracy, civil war or hostile action, terrorist acts, riots, strikes, differences with workmen, acts of public enemies, federal or state laws, rules, regulations dispositions or orders of any governmental authorities having jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), inability to procure material, equipment, fuel or necessary labor in the open market, acute and unusual labor or material, equipment or fuel shortages, or any other causes (except financial) beyond the control of either party. Neither Operator nor Contractor shall be deemed required against its will to adjust any labor or similar disputes except in breach or default of this Contract in accordance with applicable law. In the event that either party fails hereto is rendered unable, wholly or in part, by any of these causes to perform pursuant to the terms and conditions of the Contract and the failure carry out its obligation under this Contract, it is caused by, or is in connection with, force majeure. The agreed that such party suspending performance shall give prompt notice and details of Force Majeure in writing to the other party and shall attempt to cure as promptly as possible after its occurrence. In such cases, the cause for such suspension. Upon cessation obligations of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by party giving the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances notice shall be entirely within suspended during the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests continuance of any federal, state or local governmental authority, whether or not of inability so caused except that Operator shall be obligated to pay to Contractor the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists Force Majeure Rate provided for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service in Subparagraph 4.7 above.

Appears in 2 contracts

Samples: Nevada Geothermal Power Inc, Nevada Geothermal Power Inc

Force Majeure. Except for If the payment District or the Developer is rendered unable, in whole or in part, by force majeure to carry out any of money due its obligations under this Agreement, neither party then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to remedy such inability and to resume performance at the earliest practicable time, shall be deemed in breach or default suspended during the continuance of this Contract in the event that either party fails to perform pursuant any inability so caused to the terms and conditions of the Contract and the failure is caused by, or is in connection with, force majeure extent provided but for no longer period. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure " ", as used herein, shall mean acts or events beyond the control of the parties include, including, but not limited to without limitation, acts of God , ; strikes, lockouts, or other industrial disturbances , ; acts of public enemy; order of any kind of the Government of the United States or the State of Texas or any civil or military authority; insurrections; riots , ; epidemics , ; landslides , ; lightning; earthquakes; fires; hurricanes; storms; floods , fires, ; washouts , arrests ; droughts; arrests; restraint of government and restraints, people; civil disturbances , ; explosions , ; breakage of or accidents to pipe lines, machinery; pipelines or canals; partial or total failure of equipment or water supply and inability to provide water necessary for operation of the sewer system, compliance with acts, orders, regulations or requests to receive waste; and any other inabilities of any federal, state or local governmental authority the party, whether similar to those enumerated or otherwise, which are not of the same class or kind, reasonably beyond within the control of either the party, which the party and which, could not have avoided by the exercise of due diligence diligence and care. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of such party, such party is unable to overcome. In and that the event a above requirement that any force majeure condition exists, or shall be remedied with all reasonable dispatch shall not require the potential exists for such condition, settlement of strikes and lockouts by acceding to the Contractor shall inform the Department demand of the problem at opposing party or parties when such settlement is unfavorable to it in the earliest practical time and present a plan for return to normal service judgment of such party.

Appears in 2 contracts

Samples: Agreement, Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach liable for any failure to perform, or default of this Contract any delay in the event that either party fails to perform pursuant performance of, any of its obligations under this Agreement to the terms and conditions extent, but only to the extent, that such party’s performance is prevented by the occurrence of the Contract and the failure is caused by, or is in connection with, an event of force majeure . The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved . For purposes of this Contract Section 16.2, the term " an event of force majeure" majeure shall mean and include, war, civil war, insurrection, rebellion, civil unrest, fire, flood, earthquake, adverse weather conditions, strike, lockout, labor unrest, unavailability of supplies, materials or transportation, acts or events beyond the control of the parties public enemy, acts of terrorism, acts of government authorities (including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not the refusal of the same class competent government agencies to issue required Regulatory Approvals), and, in general, any other cause or kind, reasonably condition beyond the reasonable control of either the party and which, by exercise of due diligence, such party whose performance is unable to overcome affected thereby. In the event that a party’s performance is affected by the occurrence of any event of force majeure condition exists majeure, or that party shall furnish immediate written notice thereof to the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service other party hereto.

Appears in 2 contracts

Samples: Aeterna Zentaris Inc., Aeterna Zentaris Inc.

Force Majeure. Except If the SELLER and/or the BUYER be prevented from discharging its or their obligation under this agreement by reasons of arrests or restraints of privacy of rules, Government or people, War, Blockade, Revolution, Insurrection, Mobilisation, Strikes, Riots, Civil Commotions, Lockouts, Accidents, Acts of God, plague, or other epidemics, destruction of the materials by fire or flood or other natural calamity or on account of any other cause interfering with the production and/or delivery of the materials as herein above contemplated, the time for the payment of money due, neither party delivery shall be deemed in breach postponed by the time or default of this Contract time during which production and/or delivery is prevented by any such causes as herein above mentioned, provided that in the event that either of such delay exceeding ninety days, the party fails to perform pursuant to other than the terms and conditions of party which invokes the Contract and the failure is caused by force majeure may at their option, or is in connection with, force majeure. The party suspending performance shall give prompt notice cancel this agreement by Notice in-writing to the other party in respect of the undelivered quantity of the materials without, however, any right against or being responsible to the other party for such cancellation. The party invoking force-majeure shall within 15 days of the occurrence of force-majeure causes, put the other party on notice supported by certificate from the Chamber of Commerce or concerned governmental authority and shall attempt likewise intimate the cessation of such causes. If the force- majeure condition continues beyond a period of six months the SELLER or the BUYER may at his option cancel this agreement by notice in writing to cure promptly other party in respect of the cause undelivered quantity of the materials without, however, any right against or being responsible to the other party for such suspension. Upon cessation of the cause for suspension, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome. In the event a force majeure condition exists, or the potential exists for such condition, the Contractor shall inform the Department of the problem at the earliest practical time and present a plan for return to normal service cancellation.

Appears in 2 contracts

Samples: Terms and Conditions for Agreement, Terms and Conditions for Agreement

Force Majeure. Except for the payment of money due, neither Neither party shall be deemed in breach or default of this Contract Agreement to the extent that any delay or failure in the event that either party fails to perform pursuant to performance of an obligation, other than the terms payment of money, results from any causes beyond its reasonable control and conditions without its fault or negligence. For this purpose, such acts or events shall include, without limitation, storms, floods, unusually severe weather, acts of the Contract and the failure is caused by God, epidemics, protest demonstrations, war, terrorism or is in connection with terrorist acts, force majeure. The party suspending performance shall give prompt notice to the other party and shall attempt to cure promptly the cause for such suspension. Upon cessation of the cause for suspension riot, performance shall resume (or commence) as soon as reasonably practicable, unless otherwise agreed to by the parties. Notwithstanding any other provision of this contract the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the particular party involved. For purposes of this Contract, the term "force majeure" shall mean acts or events beyond the control of the parties, including, but not limited to, acts of God, strikes, lockouts, or other industrial disturbances, riots, epidemics, landslides, floods, fires, washouts, arrests and restraints, civil disturbances, explosions, breakage of or accidents to pipe lines, failure of equipment or, compliance with acts, orders, regulations or requests of any federal, state or local governmental authority, whether or not of the same class or kind, reasonably beyond the control of either party and which, by exercise of due diligence, such party is unable to overcome unanticipated site conditions. In the event a force majeure condition exists that such acts or events do occur, or both Parties shall attempt to overcome all difficulties arising and to resume as soon as reasonably possible the potential exists for such condition, the Contractor shall inform the Department normal pursuit and schedule of the problem at Services set forth in this Agreement. The time for performance of Services and the earliest practical time and present Estimated Completion Date set forth in Section 3.0 shall be extended for a plan for return period equal to normal service the delay thereof caused by any such act or event that comes within this Subsection.

Appears in 2 contracts

Samples: Following Agreement for Professional Surveying Services, Following Agreement for Professional Surveying Services