Common use of Force Majeure Clause in Contracts

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 220 contracts

Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Rights Agreement (On Track Innovations LTD), Rights Agreement (Talbots Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent neither party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, difficulties or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

Appears in 109 contracts

Samples: Agency and Service Agreement (Nuveen Ohio Dividend Advantage Municipal Fund 2), Agency and Service Agreement (Nuveen Pennsylvania Dividend Advantage Municipal Fund 2), Agency and Service Agreement (Nuveen Insured Tax Free Advantage Municipal Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 89 contracts

Samples: Warrant Agreement (Oculus Innovative Sciences, Inc.), Warrant Agreement (Opexa Therapeutics, Inc.), Warrant Agreement (Arch Coal Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 71 contracts

Samples: Agreement (Invesco Quality Municipal Income Trust), Agreement (Ivy High Income Opportunities Fund), Agency and Service Agreement (StoneCastle Financial Corp.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 59 contracts

Samples: Rights Agreement (Medifast Inc), Rights Agreement (Barry R G Corp /Oh/), Section 382 Rights Agreement (Cohen & Co Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 51 contracts

Samples: Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Neomagic Corp), Rights Agreement (Hospira Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 51 contracts

Samples: Agent Agreement (Rivernorth Opportunities Fund, Inc.), Dutch Tender Depositary Agreement (Firsthand Technology Value Fund, Inc.), Agency and Service Agreement (Fiduciary/Claymore MLP Opportunity Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 49 contracts

Samples: The Rights Agreement (Bearingpoint Inc), Second Amendment (Trizetto Group Inc), Rights Agreement (W-H Energy Services Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depositary will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 48 contracts

Samples: Deposit Agreement (Capital One Financial Corp), Deposit Agreement (Allstate Corp), Deposit Agreement (Astoria Financial Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , terrorist acts , shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 43 contracts

Samples: Agency and Service Agreement (Tekla World Healthcare Fund), Agency and Service Agreement (Blackrock Global Floating Rate Income Trust), Agreement (BlackRock Municipal Target Term Trust)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 42 contracts

Samples: Warrant Agreement (Bluerock Residential Growth REIT, Inc.), Warrant Agreement (Cardium Therapeutics, Inc.), Warrant Agency Agreement (T3 Motion, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depository will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 18 contracts

Samples: Deposit Agreement (TriState Capital Holdings, Inc.), Deposit Agreement (Iberiabank Corp), Deposit Agreement (Merchants Bancorp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 16 contracts

Samples: Shareholder Rights Protection Agreement (Pier 1 Imports Inc/De), Rights Agreement (BMC Software Inc), Rights Agreement (Autoscope Technologies Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 14 contracts

Samples: Rights Agreement (Hudson Global, Inc.), Rights Agreement (Actuate Corp), Rights Agreement (Star Equity Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 14 contracts

Samples: Rights Agreement (Town Sports International Holdings Inc), Tax Asset Protection Rights Agreement (Aceto Corp), Asset Protection Rights Agreement (Cambium Learning Group, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 12 contracts

Samples: Rights Agreement (Avid Technology, Inc.), Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Section 382 Rights Agreement (Pulte Homes Inc/Mi/)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions disruptions in public utilities, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, pandemics, epidemics or civil unrest.

Appears in 11 contracts

Samples: Warrant Agreement (FTS International, Inc.), Warrant Agreement (Whiting Petroleum Corp), Warrant Agreement (Civitas Resources, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not neither party hereto will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 10 contracts

Samples: Common Stock Series a Warrant Agreement (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , pandemics, epidemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 9 contracts

Samples: Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Biofrontera Inc.), Warrant Agent Agreement (Biofrontera Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Plan, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 8 contracts

Samples: Tax Benefit Preservation Plan (Remark Media, Inc.), Tax Benefit Preservation Plan (Capstone Therapeutics Corp.), Tax Benefit Preservation Plan (Digirad Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights neither Agent nor Georgeson shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 8 contracts

Samples: Depositary and Information Agent Agreement (Delaware Enhanced Global Dividend & Income Fund), Depositary and Information Agent Agreement (Delaware Enhanced Global Dividend & Income Fund), Depositary and Information Agent Agreement (Nuveen Mortgage Opportunity Term Fund 2)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 8 contracts

Samples: Rights Agreement (Agile Software Corp), Preferred Stock Rights Agreement (Avanex Corp), Preferred Shares Rights Agreement (Aspect Communications Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Agreement, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 8 contracts

Samples: Preferred Shares Rights Agreement (China Biologic Products, Inc.), Preferred Shares Rights Agreement (Pacific Sands Inc), Preferred Shares Rights Agreement (Netflix Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 7 contracts

Samples: Rights Agreement, Rights Agreement (Universal Technical Institute Inc), Section 382 Rights Agreement (Gannett Co., Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 7 contracts

Samples: Warrant Agreement (Foresight Energy LP), Warrant Agreement (LGL Group Inc), Warrant Agreement (Louisiana-Pacific Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . [The remainder of this page is intentionally left blank. ]

Appears in 7 contracts

Samples: Rights Agreement (Scientific Games Corp), Rights Agreement (Scientific Games Corp), Rights Agreement (Hertz Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent no party shall not be liable to any other party for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 6 contracts

Samples: Transfer Agency and Service Agreement (Tortoise Energy Independence Fund, Inc.), Transfer Agency and Service Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Agreement (Tortoise MLP Fund, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Securities Purchase Agreement (McDermott International Inc), Warrant Agreement (McDermott International Inc), Warrant Agreement (McDermott International Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement (Comstock Oil & Gas, LP), Warrant Agreement (Comstock Oil & Gas, LP), Warrant Agreement (Hercules Offshore, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . [Signature Page Follows]

Appears in 5 contracts

Samples: Rights Agreement (Hollysys Automation Technologies, Ltd.), Rights Agreement (Hollysys Automation Technologies, Ltd.), Rights Agreement (Pride SpinCo, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent no party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement (Cooper-Standard Holdings Inc.), Warrant Agreement (C&J Energy Services Ltd.), Warrant Agreement (Bonanza Creek Energy, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts of any act, duty, obligation or responsibility by reason of any occurrence beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Shareholders Rights Agreement (Seanergy Maritime Holdings Corp.), Stockholders Rights Agreement (Castor Maritime Inc.), Stockholders Rights Agreement (Castor Maritime Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 5 contracts

Samples: Plan and Rights Agreement (Mathstar Inc), Rights Agreement (Consol Energy Inc), Tax Benefit Preservation Plan (Ford Motor Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions disruptions in public utilities, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement (Ultra Petroleum Corp), Warrant Agreement (Denbury Inc), Warrant Agreement (Ultra Petroleum Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 5 contracts

Samples: Ldi Contingent Value Rights Agreement, Ldi Contingent Value Rights Agreement (Capstone Therapeutics Corp.), Contingent Value Rights Agreement (Acelrx Pharmaceuticals Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . [The remainder of this page has been left intentionally blank. ]

Appears in 5 contracts

Samples: Warrant Agreement (Seattle Genetics Inc /Wa), Warrant Agreement (Immunomedics Inc), Warrant Agreement (Immunomedics Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . . (Signature Page Follows)

Appears in 4 contracts

Samples: Rights Agreement (Catalyst Pharmaceutical Partners, Inc.), Rights Agreement (Retail Ventures Inc), Tax Benefit Preservation Plan (Rentech Inc /Co/)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war epidemics, pandemics, war or civil unrest . This provision has no effect on the Company’s liability for the performance of its obligations under the Warrants.

Appears in 4 contracts

Samples: Warrant Agent Agreement (Cresud Inc), Warrant Agent Agreement (Irsa Investments & Representations Inc), Warrant Agent Agreement (Cresud Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, the Parent or any of its Subsidiaries will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Pineapple Holdings, Inc.), Contingent Value Rights Agreement (Communications Systems Inc), Contingent Value Rights Agreement (Communications Systems Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including Including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Agency and Service Agreement (Guggenheim Taxable Municipal Managed Duration Trust), Transfer Agency and Service Agreement (Advent Claymore Convertible Securities & Income Fund), The Transfer Agency and Service Agreement (Guggenheim Active Allocation Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Depositary, any Depositary’s Agent, any Transfer Agent shall and any Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Deposit Agreement (Hartford Financial Services Group Inc/De), Deposit Agreement (AXA Equitable Holdings, Inc.), Deposit Agreement (Metlife Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depositary will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , pandemics, epidemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Deposit Agreement (Regions Financial Corp), Deposit Agreement (Cullen/Frost Bankers, Inc.), Deposit Agreement (Regions Financial Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, epidemics, pandemics, government orders, shortage of supply, breakdowns or malfunctions disruptions in public utilities, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Warrant Agreement, Warrant Agreement (Lonestar Resources US Inc.), Warrant Agreement

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts , pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Section 382 Rights Agreement (Chesapeake Energy Corp), Section 382 Rights Agreement (Whiting Petroleum Corp), Section 382 Rights Agreement (Tenneco Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . . [Signature Page Follows]

Appears in 4 contracts

Samples: Stockholders Rights Agreement (Box Ships Inc.), Rights Agreement, Rights Agreement (Safeway Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . This provision has no effect on the Company’s liability for the performance of its obligations under the Warrants.

Appears in 4 contracts

Samples: Warrant Agent Agreement (Medigus Ltd.), Warrant Agent Agreement (Medigus Ltd.), Warrant Agent Agreement (Cellect Biotechnology Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest ; provided, however, that this Section 8.16 shall not affect any of the Company’s obligations to the Holders under the Pre-Funded Warrants and Common Warrants.

Appears in 4 contracts

Samples: Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Autobytel Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Agreement, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation including fires, floods, natural disasters, acts of God, terrorist acts, shortage of supply , legal restrictions, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (E2open Inc), Preferred Stock Rights Agreement (KBS Fashion Group LTD), Preferred Stock Rights Agreement (Woodward, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest. "

Appears in 4 contracts

Samples: Agency and Service Agreement (BlackRock Resources & Commodities Strategy Trust), VRDP Shares Purchase Agreement (Blackrock Muniholdings New Jersey Quality Fund, Inc.), Agency and Service Agreement (Blackrock Debt Strategies Fund, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 4 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, facilities or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (News Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest ; provided, however, that this provision shall not affect or limit in any way the obligations of the Company to the Holders under the Global Warrants or the Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agency Agreement (Ascent Solar Technologies, Inc.), Warrant Agency Agreement (Lexaria Bioscience Corp.), Warrant Agency Agreement (Ascent Solar Technologies, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Plan, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation including fires, floods, natural disasters, acts of God, terrorist acts, shortage of supply , legal restrictions, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Fluidigm Corp), Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Echelon Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Warrant Agency Agreement (Agora Digital Holdings, Inc.), Warrant Agency Agreement (Creative Medical Technology Holdings, Inc.), Warrant Agency Agreement (Creative Medical Technology Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . [Signature page follows]

Appears in 4 contracts

Samples: Shareholders Rights Agreement (Baltic Trading LTD), Shareholders Rights Agreement (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Baltic Trading LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable incur any liability for not performing, or a delay in the performance of, any delays act, duty, obligation or failures in performance resulting from acts responsibility by reason of any occurrence beyond its the reasonable control of the Rights Agent (including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of malfunctions or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest ).

Appears in 3 contracts

Samples: Rights Agreement (Iron Mountain Inc), Tax Benefits Preservation Plan (Fidelity Southern Corp), Tax Benefits Preservation Plan (Fidelity Southern Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent Neither party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Unit Subscription Agreement (Flux Power Holdings, Inc.), Security Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , pandemics, epidemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Nn Inc), Rights Agreement (Office Depot Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest. "

Appears in 3 contracts

Samples: Rights Agreement (Conductus Inc), Rights Agreement (Newell Rubbermaid Inc), Rights Agreement (Bombay Company Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . (Signature Page Follows)

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Maxar Technologies Inc.), Tax Benefit Preservation Plan (Bebe Stores, Inc.), Sale Agreement (B. Riley Financial, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of malfunctions or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Itron Inc /Wa/), Shareholder Rights Plan (Synovus Financial Corp), Shareholder Rights Plan (Synovus Financial Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Vivus Inc), Rights Agreement (Legacy Education Alliance, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depositary, any Depositary’s Agent, Transfer Agent, or Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Deposit Agreement (Wesco International Inc), Deposit Agreement (Washington Federal Inc), Deposit Agreement (Synchrony Financial)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God , pandemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with difficulties, information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Tribune Publishing Co), Rights Agreement (Tribune Publishing Co), Rights Agreement (FTS International, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depositary will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply , pandemics or epidemics, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Deposit Agreement (Argo Group International Holdings, Ltd.), Deposit Agreement (Wintrust Financial Corp), Deposit Agreement (CMS Energy Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither Warrant Agent nor the Rights Agent Company shall not be liable for for, or considered to be in breach of or default under this Agreement (including Section 13) on account of any delays delay or failures in performance resulting from acts failure to perform its obligations hereunder due to causes beyond its such party’s reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Warrant Agent Agreement (NeuroMetrix, Inc.), Warrant Agent Agreement (NeuroMetrix, Inc.), Warrant Agent Agreement (AMEDICA Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Digimarc CORP), Rights Agreement, Rights Agreement (DMRC Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Value Rights Agreement (Prosensa Holding N.V.), Contingent Value Rights Agreement (Biomarin Pharmaceutical Inc), Rights Agreement (Biomarin Pharmaceutical Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Zoetis Inc.), Rights Agreement (Live Nation Entertainment, Inc.), Rights Agreement (Baxalta Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . [This space intentionally left blank. ]

Appears in 3 contracts

Samples: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Asyst Technologies Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest .

Appears in 3 contracts

Samples: Rights Agreement (Kaiser Aluminum Corp), Rights Agreement (Lone Pine Resources Inc.), I Rights Agreement (Lone Pine Resources Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent neither party hereto shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 3 contracts

Samples: Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, the Company or any of its Subsidiaries will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Contingent Value Rights Agreement (Unum Therapeutics Inc.), Agreement and Plan of Merger (Unum Therapeutics Inc.), Agreement and Plan of Merger (Miragen Therapeutics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . . Signature Page to Rights Agreement

Appears in 2 contracts

Samples: Rights Agreement (Interphase Corp), Rights Agreement (Interphase Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . [Remainder of page intentionally left blank. Signature page follows. ]

Appears in 2 contracts

Samples: Rights Agreement (Walter Investment Management Corp), Rights Agreement (Nn Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent parties hereto shall not be liable for any delays or failures in performance resulting from acts beyond its their reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement, Rights Agreement (Real Industry, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Company and the Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its their reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Nexmed Inc, Apricus Biosciences, Inc.

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Depositary, any Depositary’s Agent, any Transfer Agent shall and any Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts , pandemics, epidemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Deposit Agreement (Equitable Holdings, Inc.), Deposit Agreement (Equitable Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither the Rights Agent nor the Company shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights neither Paying Agent nor Collateral Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Agency Agreement (Roi Land Investments LTD), Agency Agreement (Roi Land Investments LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , epidemics, pandemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . [The remainder of this page is intentionally left blank. ]

Appears in 2 contracts

Samples: Rights Agreement (Dave & Buster's Entertainment, Inc.), Rights Agreement (Commvault Systems Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither the Company nor the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest. "

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Third Wave Technologies Inc /Wi), Preferred Stock Rights Agreement (Third Wave Technologies Inc /Wi)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, epidemics, pandemics, or civil unrest.

Appears in 2 contracts

Samples: Benefits Preservation Plan (Immersion Corp), Benefits Preservation Plan (Immersion Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . . 42

Appears in 2 contracts

Samples: Rights Agreement (Management Network Group Inc), Rights Agreement (Discovery Communications, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Lance Inc), Rights Agreement (Artisan Components Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent DTAC shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, blockchain forks, interruptions, disruptions of blockchain or smart-contract-related failures, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Form of Transfer Agency and Service Agreement (Arca U.S. Treasury Fund), Transfer Agency and Service Agreement (Arca U.S. Treasury Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . Signatures on the Following Page

Appears in 2 contracts

Samples: Rights Agreement (Capitol Bancorp LTD), Rights Agreement (Michigan Commerce Bancorp LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in the performance of any act, duty, obligation or responsibility resulting from acts beyond its reasonable control including, without limitation, including acts of God , epidemics, pandemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Cel Sci Corp), Shareholder Rights Agreement

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Warrant Agreement (Tejon Ranch Co), Warrant Agreement (Tejon Ranch Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions interruption or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Benefit Preservation Plan (Ambac Financial Group Inc), Century Aluminum Co

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest . . [Signature page follows]

Appears in 2 contracts

Samples: Termination Agreement (Alpharma Inc), Alpharma Inc

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, Parent or any of its Subsidiaries will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Aratana Therapeutics, Inc.), Agreement and Plan of Merger (Elanco Animal Health Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Right Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, pandemics, epidemics or civil unrest.

Appears in 2 contracts

Samples: Warrant Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with difficulties, information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Williams Companies, Inc.), Rights Agreement (Spirit Airlines, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God nature, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Amtech Systems Inc), Rights Agreement (Amtech Systems Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Alexanders J Corp), Rights Agreement (Craftmade International Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, epidemics, pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (F-Star Therapeutics, Inc.), Contingent Value Rights Agreement (F-Star Therapeutics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, Aspire or any of its Subsidiaries (except as it relates to the obligations of the Company under Article 3) will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (Aduro Biotech, Inc.), Contingent Value Rights Agreement (Chinook Therapeutics, Inc.)