Common use of Force Majeure Clause in Contracts

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 763 contracts

Samples: Vendor Agreement, Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Contract, then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 44 contracts

Samples: Price Agreement, Price Agreement, Price Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 35 contracts

Samples: Purchasing Agreement, Cooperative Purchasing Agreement, Vendor Agreement

Force Majeure. If by reason In the event of Force Majeure either Party being rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, except payment of money, it is agreed that upon such party shall give Party giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by telegraph, telefax, or telephone followed by written confirmation to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 8 contracts

Samples: Agreement, Measurement and Control Facilities Operating Agreement, Measurement and Control Facilities Operating Agreement

Force Majeure. If A. In the event of either party being rendered unable, wholly or in part, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part force majeure to carry out its obligations under this any Storage or Transportation Service Agreement then (other than the obligation to make payment of amounts due hereunder), it is agreed that such party shall give notice and fully reasonably full particulars of Force Majeure such force majeure, in writing or by facsimile, to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as possible, be remedied with all reasonable dispatch.

Appears in 7 contracts

Samples: Storage Agreement (Energysouth Inc), Storage Service Agreement (Energysouth Inc), Storage Service Agreement (Energysouth Inc)

Force Majeure. If In the event either Party hereto is rendered unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out its obligations under this Agreement then Agreement, upon such party shall give Party giving written notice and fully particulars of such Force Majeure in writing to the other party within a reasonable time Party as soon as possible after the occurrence of the event or cause relied upon on, and the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure, shall (except as otherwise provided in Article 13) be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as reasonably possible, be remedied with all reasonable dispatch.

Appears in 6 contracts

Samples: Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Note (Siouxland Ethanol, LLC), Take Agreement (Advanced BioEnergy, LLC)

Force Majeure. If If, by reason of Force Majeure force majeure, either party hereto shall be is rendered unable wholly unable, in whole or in part part, to carry out its obligations under this Agreement then such Agreement, the party shall whose performance is so affected must give notice and fully the full particulars of Force Majeure in writing such force majeure to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as will, to the extent it is affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period , and such . The party shall claiming force majeure must endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 5 contracts

Samples: Development and Consent Agreement, Development and Consent Agreement, Development and Consent Agreement

Force Majeure. If by reason of Force Majeure, In the event either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure, to carry out its obligations under this Agreement Contract, other than to make payments due hereunder, then on such party shall give party's giving notice and fully reasonable full particulars of Force Majeure such force majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during during, but only during, the continuance of the any inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. so caused. The term "

Appears in 4 contracts

Samples: Purchase Contract (Penn Octane Corp), Purchase Contract (Rio Vista Energy Partners Lp), Purchase Contract (Rio Vista Energy Partners Lp)

Force Majeure. A. If by reason of Force Majeure, either party hereto shall be rendered unable wholly unable, in whole or in part part, to carry out its obligations under this Agreement Agreement, then such and in that event, said party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence thereafter giving the full particulars of the event or cause relied upon, and the obligation such Force Majeure. The obligations of the party giving such notice, so far as it is affected by such Force Majeure, shall be thereupon suspended and such suspension shall continue during the continuance of the period in which such inability then claimed, except as hereinafter continues; provided, but for no longer period however, and such the disabled party shall endeavor with all reasonable dispatch to remove or overcome such inability with all reasonable dispatch an inability.

Appears in 4 contracts

Samples: Long Savannah Development Agreement, Long Savannah Development Agreement, Development Agreement

Force Majeure. If by reason In the event of Force Majeure any Party hereto being rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than to make payments due hereunder, it is agreed that on such party shall give Party giving notice and fully full particulars of such Force Majeure in writing or by facsimile to the other party within a reasonable time Parties as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so as far as it is they are affected by such Force Majeure, shall be suspended from the commencement of and during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 3 contracts

Samples: Master Agreement (Gateway Energy Corp/Ne), Treating Agreement (Gateway Energy Corp/Ne), Master Agreement (Geopetro Resources Co)

Force Majeure. If by reason Except with regard to Buyer's and Seller's obligations to make payments due under this Agreement, in the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of such Force Majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 3 contracts

Samples: Gas Purchase and Sale Agreement, Purchase and Sale Agreement, Master Natural Gas Purchase and Sale Agreement

Force Majeure. 18.1 If by any reason of Force Majeure, force majeure either party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement Agreement, other than the obligation of the Customer to make payments required under the terms hereof, then if such party parties shall give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed , except as hereinafter provided , but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 3 contracts

Samples: An Agreement, An Agreement, An Agreement

Force Majeure. If by reason of Force Majeure Buyer or Seller is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out perform its obligations under this Agreement hereunder (except the obligation to pay money which arose prior the force majeure event or the obligation to make the Termination payment per Section 5.6), then upon such party shall give party’s giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing writing, or by telex, by facsimile, by e-mail, or other equivalent means, to the other party either Buyer or Seller within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation obligations of the party parties giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 3 contracts

Samples: Product Sale and Purchase Contract (Resolute Energy Partners, LP), Product Sale and Purchase Contract (Resolute Energy Corp), Product Sale and Purchase Contract (Resolute Energy Corp)

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, to carry out perform its obligations under this Agreement (other than to make payments due hereunder) due to force majeure, defined herein as any cause or causes beyond its control, then in any such event, it is agreed that the affected party shall give prompt notice and fully full particulars of Force Majeure in writing such force majeure to the other party within a reasonable time after occurrence party. The obligations of the event or affected party shall be suspended for the duration of such inability to perform but for no longer period and such cause relied upon, and the obligation of the party giving such notice shall, so far as it is affected by such Force Majeure possible, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: All Star Gas Corp, Empire Gas Corp/New

Force Majeure. 17.1. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by force majeur to carry out perform its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the Contract, other party within a reasonable time after occurrence of the event or cause relied upon, and than the obligation to make payments then or thereafter due, it is agreed that performance of the party giving such notice obligations by such party, so far as it is they are affected by such Force Majeure force rnajeure, shall be suspended during excused from the continuance inception of the any such inability then claimed, except as hereinafter provided to perform until it is corrected, but for no longer period . The party claiming an inability to perform shall, immediately after the occurrence of the force majeure event, notify the other party orally of the nature, date of inception and expected duration of the force majeure and the extent to which it will prevent the party giving such notice from performing its obligations under this Contract. The party giving notice shall endeavor confirm such notification in writing as soon as practicable. The party claiming inability to remove or overcome perform shall promptly correct such inability with all to the extent it may be corrected through the exercise of reasonable dispatch diligence.

Appears in 2 contracts

Samples: Services Agreement (Novint Technologies Inc), Services Agreement (Novint Technologies Inc)

Force Majeure. If either party is unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out any of its obligations under this Agreement then on such party shall give giving notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and such obligations shall be suspended. “Force Majeure” shall include causes that are not reasonably within the obligation control of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch affected.

Appears in 2 contracts

Samples: General Terms, General Terms and Conditions of Service

Force Majeure. 7.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure (defined below) or other causes herein specified, to carry out its obligations under this Agreement then other than the obligation to make payment of amounts due hereunder, it is agreed that on such party shall give party's promptly giving notice and fully reasonably full particulars of such Force Majeure in writing or facsimile or by email to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is such obligations are affected by such Force Majeure Majeure or other causes herein specified, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then agreement, it is agreed that on such party shall give giving notice and fully full particulars of Force Majeure such force majeure in writing or by telegraph to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, from its inception, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, but so caused by for no longer period, and such party cause shall endeavor to remove or overcome such inability be as far as possible remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Gas Purchase Contract (Hiland Partners, LP), Gas Purchase Contract (Hiland Partners, LP)

Force Majeure. If by reason of Force Majeure force majeure either Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then (except as to an obligation to pay money), and if such party shall give Party gives notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by facsimile to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable in damages during the continuance of the any inability then claimed, except as hereinafter so caused; provided, but for no longer period, and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Gathering System Operating Services Agreement (Hs Resources Inc), Transmission System Operating Services Agreement (Hs Resources Inc)

Force Majeure. If by reason 11.1 In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than to make payments due hereunder, it is agreed that on such party shall give giving notice and fully full particulars of such Force Majeure in writing or by facsimile to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so as far as it is they are affected by such Force Majeure, shall be suspended from the commencement of and during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Treating Agreement (Gateway Energy Corp/Ne), Madisonville Field Development Agreement (Geopetro Resources Co)

Force Majeure. If by reason In the event of Force Majeure any Party being rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, except payment of money, it is agreed that upon such party shall give Party giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by telegraph, telefax, or telephone followed by written confirmation to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Interconnect and Operating Agreement, Interconnect and Operating Agreement

Force Majeure. If by reason of Force Majeure, either any party hereto shall be is rendered unable wholly or in part partially unable by Force Majeure to carry out its obligations under this Agreement then such (with the exception of payment obligations), and if that party shall give gives prompt notice and fully full particulars of such Force Majeure in writing to the other party, the notifying party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended excused from performance of its obligations hereunder during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period . Such cause shall be remedied by the notifying party as far as possible with reasonable speed and effort, and but such party shall endeavor to remove or overcome such inability with all reasonable dispatch. have no obligation to

Appears in 2 contracts

Samples: Foundry Agreement (Pixelplus Co., Ltd.), Foundry Agreement (Pixelplus Co., Ltd.)

Force Majeure. 14.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part by Force Majeure, to carry out its obligations under this Agreement Agreement, then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon affected party, and the obligation of the party giving such notice except for payment due, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period . Such cause shall, and such party shall endeavor to remove or overcome such inability the extent possible, be remedied with all reasonable dispatch . The affected party shall give notice and full particulars of such Force Majeure in writing by mail or telecopy or other electronic facility to the other party as soon as practicable after the occurrence of the cause relied on.

Appears in 2 contracts

Samples: Gas Gathering Agreement (Markwest Hydrocarbon Inc), Gas Gathering Agreement (Markwest Energy Partners L P)

Force Majeure. If by reason of Force Majeure, force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then if such party shall give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch . If the event results in an insurance claim and settlement is authorized, the settlement proceeds shall be in the name of the City and the name of the Township. The City and Township shall mutually determine if the City, the Township, or both shall be entitled to a share of the insurance proceeds. Force Majeure shall not relieve the Township of its obligations to make payments to the City in accordance with this Agreement.

Appears in 2 contracts

Samples: Intergovernmental Retail Water Service Agreement, Retail Water Service Agreement

Force Majeure. If by reason (a) In the event of Force Majeure either Contractor or Citizens being rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, except payment of money, it is agreed that upon such party shall give giving notice and fully reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch . No event of Force Majeure shall cause the extension or have the effect of extending the term of this Agreement, and either party may give written notice of termination pursuant to Article 8 notwithstanding any event of Force Majeure.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Force Majeure. If by reason of Force Majeure, force majeure either party hereto shall be is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement then Agreement, it is agreed that if such party shall give gives notice and fully in full particulars of Force Majeure such force majeure in writing or by telecopy to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable for damages during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch . Transporter shall not be liable for damages to Shipper other than for acts of gross negligence or willful misconduct, and only in circumstances in which conditions of force majeure do not exist.

Appears in 2 contracts

Samples: National Fuel Gas Co, National Fuel Gas Co

Force Majeure. 14.1 If by reason of Force Majeure either Buyer or Seller is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out perform its obligations under this Agreement Agreement, other than the obligation to make payments then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence due for gas previously delivered, it is agreed that performance of the event or cause relied upon, and the obligation respective obligations of the party giving such notice parties hereto to deliver and receive gas, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during from the continuance inception of the any such inability then claimed, except as hereinafter provided, until it is corrected but for no longer period , and such . The party shall endeavor to remove or overcome claiming such inability with all shall give notice thereof to the other party as soon as practicable after the occurrence of the force majeure. If such notice is first given by telephone or facsimile communication, it shall be confirmed promptly in writing giving full particulars. The party claiming such inability shall promptly correct such inability to the extent it may be corrected through the exercise of reasonable dispatch diligence.

Appears in 2 contracts

Samples: Gas Purchase and Sales Agreement (Tengasco Inc), Gas Purchase and Sales Agreement (Tengasco Inc)

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of such Force Majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Mercury Montana Inc), Production and Delivery Agreement (Mercury Montana Inc)

Force Majeure. If by reason of a Force Majeure, Majeure Event either party hereto shall be is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement then Agreement, and if such party shall give gives notice and fully particulars the details of such Force Majeure in writing or by facsimile to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as it and to the extent that its performance is affected by such Force Majeure, shall be suspended Majeure Event and during the continuance of its inability to perform as a result of such Force Majeure Event, shall not be liable hereunder, including with respect to the inability then claimed obligations set forth in Article VI, except as hereinafter K; provided, but for no longer period however, and that the party claiming such party Force Majeure Event shall endeavor cause such Force Majeure Event to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Farmout Agreement (Black Raven Energy, Inc.)

Force Majeure. 7.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure (defined below) or other causes herein specified, to carry out its obligations under this Agreement then other than the obligation to make payment of amounts due hereunder, it is agreed that on such party shall give party’s promptly giving notice and fully reasonably full particulars of such Force Majeure in writing or facsimile or by email to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is such obligations are affected by such Force Majeure Majeure or other causes herein specified, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Service Agreement (Gastar Exploration LTD)

Force Majeure. If In case by reason of Force Majeure, force majeure either party hereto shall be rendered unable wholly or in part to of carry out its obligations under this Agreement Lease other than the obligation of Tenant to make the rental payments required under the terms hereof, then except as otherwise provided in this Lease, if such party shall give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after the occurrence of the event or a cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed , except as hereinafter provided , but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Ameristar Casinos Inc)

Force Majeure. If If, by reason of Force Majeure, either party hereto shall will be rendered unable wholly or in part to carry out its obligations under this Agreement Contract then such party shall will give notice and fully full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall will be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. only thirty

Appears in 1 contract

Samples: Professional Services Contract

Force Majeure. If by reason Except with regard to Buyer's obligations to make payments due under this Agreement, in the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of such Force Majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Master Crude Oil Purchase and Sale Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch reasonabledispatch.

Appears in 1 contract

Samples: Vendor Contract

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Contract, other than to make payment, such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time of the full particulars of such Force Majeure as soon as possible after the occurrence of such Force Majeure. Upon such occurrence, the event or cause relied upon, and the obligation obligations of the party giving such notice, so far insofar as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, period and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch dispatch to the extent possible, except that any labor disturbance may be settled solely at the discretion of the party directly affected thereby.

Appears in 1 contract

Samples: puc.sd.gov

Force Majeure. If by reason of Force Majeure force majeure either Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then Agreement, and if such party shall give Party gives notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by telegraph to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable for failure of performance hereof during the continuance of the any inability then claimed, except as hereinafter provided, but for no longer period, and so caused; provided such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Operator Resignation and Transition Agreement (Callon Petroleum Co)

Force Majeure. If by reason of Force Majeure Majeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either party Party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement then such party Party shall give notice and fully full particulars of the Force Majeure event, in writing writing, to the other party Party, within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party Party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Interlocal Participation Agreement

Force Majeure. If by reason of Force Majeure, (a) In the event either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, except the obligation to pay monies due hereunder, it is agreed that, on such party shall give party's giving notice and fully reasonably full SHEET NO. 7 particulars of Force Majeure such force majeure, in writing or by telecopy, to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as possible, be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Gorges Quik to Fix Foods Inc

Force Majeure. If by reason of Force Majeure Majeure either Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then Agreement, and if such party shall give Party gives notice and fully reasonably full particulars of such Force Majeure in writing or by facsimile to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable in damages during the continuance of the any inability then claimed, except as hereinafter so caused; provided, but for no longer period, and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Interconnection Agreement (LSP Batesville Funding Corp)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch . . TIPS VENDOR AGREEMENT Ver.10192017.rp

Appears in 1 contract

Samples: Vendor Agreement

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of such Force Majeure in writing or by telecopy to the other party within a reasonable time as soon possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Production and Delivery Agreement (KCS Energy Inc)

Force Majeure. If by reason of Force Majeure, either party Majeure any Party hereto shall will be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then if such party shall Party will give notice and fully full particulars of such Force Majeure in writing to the other party Parties within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party Party giving such notice, so far as it its performance is affected prevented by such Force Majeure, shall will be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall Party will endeavor to remove or overcome such inability with all reasonable dispatch . . The term “

Appears in 1 contract

Samples: Funding and Management Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then Agreementthen such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either In the event a party hereto shall be to this Agreement is rendered unable wholly or in part by an event of Force Majeure to carry out its obligations under incident to this Agreement then such party shall give Agreement, other than the payment of sums of money due, it is agreed that upon giving notice and fully full particulars of the event of Force Majeure Majeure, either by telephone and/or confirmed in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation of the party giving such notice, so far as it is they are affected by such event of Force Majeure Majeure from its inception, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period . Such event shall be, and such party shall endeavor to remove or overcome such inability as far as possible, remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Bryan North Performance Agreement

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered ------------- unable wholly or in part by force majeure to carry out its obligations ------------- under this Agreement then other than to make payments of amounts due hereunder, it is agreed that on such party shall give giving notice and fully full particulars of Force Majeure such force majeure in writing or by telegraph to the other party within a reasonable time as soon as ------------- possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, notice so far as it is they are affected by such Force Majeure force ----- majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so ------- caused but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as possible, be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Amarillo Supply Agreement (Mesa Inc)

Force Majeure. 16.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure (defined below) or other causes herein specified, to carry out its obligations under this the Service Agreement then and any applicable Confirmation, other than the obligation to make payment of amounts due hereunder, it is agreed that on such party shall give party’s promptly giving notice and fully reasonably full particulars of such Force Majeure in writing or facsimile or by email to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is such obligations are affected by such Force Majeure Majeure or other causes herein specified, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transportation Service Agreement (Altus Midstream Co)

Force Majeure. If If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then such party shall give notice and fully full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Agreement (Micro Media Solutions Inc)

Force Majeure. If A. In the event of a party being rendered unable, wholly or in part, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part force majeure to carry out its obligations under this Agreement then (other than the obligation to make payment of amounts due hereunder), it is agreed that such party shall give notice and fully reasonably full particulars of Force Majeure such force majeure, in writing writing, by telegraph, facsimile, or other electronic means to the other party parties within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as possible, be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Gas Transportation Agreement (PRB GasTransportation, Inc.)

Force Majeure. If by reason of Force Majeure In the event either Party is hereto rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement due to force majeure, other than an obligation to make payments of money due hereunder, then as soon as possible such party Party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence Party notice thereof (to be confirmed in writing) and full particulars of such force majeure event. The obligations of the event or cause relied upon, and the obligation of the party Party giving such notice, so far as it is they are affected by such Force Majeure force majeure event, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Lease of Offshore Platform Space

Force Majeure. If by reason 19.1 In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than to make payments due hereunder, it is agreed that on such party shall give giving notice and fully full particulars of such Force Majeure in writing or by facsimile to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so as far as it is they are affected by such Force Majeure, shall be suspended from the commencement of and during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Master Agreement (Geopetro Resources Co)

Force Majeure. 12.1 If by reason of Force Majeure, either party hereto shall is or will be rendered unable by force majeure, as defined in Section 12.2 below, to perform wholly or in part to carry out its obligations any obligation under this Agreement then such party Agreement, it shall give notice and fully particulars of Force Majeure in writing to the other party party, as soon as possible, but in any event within a reasonable time five (5) days after occurrence becoming aware of the event or cause relied upon such force majeure, written notice of such force majeure with full particulars thereof and the probable extent to which it will be unable to perform or be delayed in performing such obligation whereupon, except for the obligation to pay monies due under this Agreement, such obligation of the party giving such notice, notice shall be suspended so far and so long as it is affected by such Force Majeure force majeure. The party giving the notice shall use its best endeavors to mitigate the effects of such force majeure and shall keep the other party informed of all developments in relation thereto and, shall be suspended during the continuance in particular, give immediate notice of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch cessation of the event of force majeure.

Appears in 1 contract

Samples: Epcm Services Supply Agreement (Apex Silver Mines LTD)

Force Majeure. 17.1 If by reason of Force Majeure force majeure any Party hereto is rendered unable, either party hereto shall be rendered unable wholly in whole or in part part, to carry out its obligations under this Agreement then Lease, and if such party shall give Party gives notice and fully reasonably full particulars of Force Majeure such force majeure in writing writing, by telegram, facsimile, or E-mail to the other party Party or Parties, as appropriate, within a reasonable period of time after the occurrence of the event or cause relied upon force majeure event, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure event, shall be suspended relieved of its performance obligations under this Lease and shall not be liable in damages during the continuance of the inability then claimed, except as hereinafter to perform so caused; provided, but for no longer period however, and that such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Facilities Lease Agreement (Allegheny Energy Inc)

Force Majeure. 11.1 If by reason of Force Majeure any party to this Agreement is prevented or delayed, either party hereto shall be rendered unable wholly or in part part, by Force Majeure (as defined in clause 11.2) to carry out its obligations under this Agreement then Agreement, other than the obligation to make payment of monies due, upon such party shall give giving notice and fully reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during but no longer than the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, so caused and such party further period thereafter as shall endeavor to remove or overcome such inability be reasonable in the circumstances provided always that the cause of the Force Majeure as far as possible shall be remedied with all reasonable dispatch dispatch by the party whose performance hereunder is adversely affected.

Appears in 1 contract

Samples: Indirect Participation Interest Agreement (Interoil Corp)

Force Majeure. If by reason of Force Majeure either Operator or the Joint Venture is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, it is agreed that on such party shall give party’s giving notice and fully reasonable full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is to the extent that they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Joint Venture Agreement (Parallel Petroleum Corp)

Force Majeure. If 22.12.1. Except for payment of sums due, neither party shall be liable to the other or deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure, force majeure. If either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such is delayed by force majeure, said party shall give notice and fully particulars of Force Majeure in writing provide written notification to the other party within a reasonable time after occurrence party. The notification shall provide evidence of the event or cause relied upon, force majeure and commercially reasonable efforts to mitigate the obligation effects to the satisfaction of the party giving such notice, so far other party. Such delay shall cease as it is affected by such Force Majeure, soon as practicable and written notification of same shall be suspended during provided. The time of completion shall be extended by contract modification for the continuance period of the delay or inability then claimed, except as hereinafter provided, but for no longer period, and to perform due to such party shall endeavor to remove or overcome such inability with all reasonable dispatch occurrences.

Appears in 1 contract

Samples: omwbe.wa.gov

Force Majeure. 12.1 If by reason of Force Majeure any party to this Agreement is prevented or delayed, either party hereto shall be rendered unable wholly or in part to carry part, by Force Majeure (as defined in clause 12.2) from carrying out its obligations under this Agreement then Agreement, other than the obligation to make payment of monies due, upon such party shall give giving notice and fully reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during but no longer than the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, so caused and such party further period thereafter as shall endeavor to remove or overcome such inability be reasonable in the circumstances provided always that the cause of the Force Majeure as far as possible shall be remedied with all reasonable dispatch dispatch by the party whose performance hereunder is adversely affected.

Appears in 1 contract

Samples: Drilling Participation Agreement (Interoil Corp)

Force Majeure. If either party is unable at any time whether wholly or in part by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out all or any of its obligations under this Agreement then such Contract, that party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence prompt written notice to that effect, giving full particulars of such Force Majeure as is claimed to exist and to have occurred and thereupon the event or cause relied upon, and the obligation obligations under this Contract of the party giving such notice that notice shall, so far as it is to the extent that they are affected by such Force Majeure, shall be suspended during but not longer than the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such Force Majeure. The party so claiming Force Majeure shall endeavor immediately take all reasonable steps within its power to remove or overcome such inability with all reasonable dispatch the effects of that Force Majeure.

Appears in 1 contract

Samples: Agreement (Geovic Mining Corp.)

Force Majeure. If by reason of Force Majeure In the event either Seller or Buyer is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out its obligations under this Agreement then Contract, on such party shall give party's giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by facsimile to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is and to the extent that they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Gas Purchase Contract (Tremisis Energy Acquisition Corp)

Force Majeure. 11.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part by "force majeure" to carry out its obligations under this Agreement then Agreement, it is agreed that upon such party shall give party's giving written notice and fully full particulars of Force Majeure in writing such "force majeure" to the other party within a reasonable time after occurrence of party, then the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, "force majeure," shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and provided that such party shall endeavor to remove or overcome such inability cause is, as far as possible, remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Machined Valve Products Supply Agreement (Secom General Corp)

Force Majeure. If by reason 18.1 In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then (other than any obligation to make payment of any amount when due and payable hereunder), it is agreed that on such party shall give giving notice and fully reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Sterling Chemical Inc

Force Majeure. If If, by reason of Force Majeure force majeure, either party hereto shall be rendered unable wholly unable, in whole or in part part, to carry out its obligations under this Agreement then Agreement, and if such party shall give notice and fully particulars of Force Majeure full details in writing of such force majeure to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is affected by such Force Majeure, force majeure shall be suspended during the continuance of the inability then claimed , except as hereinafter provided , but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Agreement

Force Majeure. If by reason of Force Majeure Majeure any Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then Transition Agreement, and if such party shall give Party gives notice and fully reasonably full particulars of such Force Majeure in writing or by facsimile transmission to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure, shall not be suspended liable for failure of performance hereof during the continuance of the any inability then claimed, except as hereinafter provided, but for no longer period, and so caused; provided such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transition Services Agreement (Rosetta Resources Inc.)

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by a Force Majeure event to carry out its obligations Obligations under this Agreement then Agreement, other than to make payment for amounts accrued, it is agreed that upon such party shall give giving notice and fully reasonably full particulars of such Force Majeure event in writing to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure Majeure event, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, period and such party shall endeavor to remove or overcome such inability cause shall, as far as possible, be remedied with all reasonable dispatch . Force Majeure events shall also include in those instances where either party hereto is required to obtain permits or licenses from any governmental body to enable such party to perform hereunder, the inability of such party to acquire, or the delays on the part of such party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such permits or licenses.

Appears in 1 contract

Samples: Landfill Gas Purchase and Sale Agreement (Siouxland Ethanol, LLC)

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, then, upon such party shall give party's giving notice and fully particulars of such Force Majeure in writing to the other party within a reasonable time promptly after the occurrence of or discovery thereof, the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Balancing Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch . . For avoidance of doubt, “

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure In the event that any party is rendered unable, either party hereto shall be rendered unable wholly in whole or in part part, by force majeure to carry out its obligations under this Agreement then (other than the obligation to make payments of money due), upon such party shall give giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period , ; and such party the cause of the force majeure as far as possible shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch . . The term "

Appears in 1 contract

Samples: Exploration Agreement (Cheniere Energy Inc)

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of Force Majeure such force majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch . . -8-

Appears in 1 contract

Samples: And Delivery Agreement (Vaalco Energy Inc /De/)

Force Majeure. If by reason Ifbyreason of Force Majeure, either party hereto shall be rendered unable wholly or in part eitherpartyhereto shallbe renderedunable whollyorinpart to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure force majeure any party is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under Sections 4.2, 4.3 or 4.4 of this Agreement then Agreement, and if such party shall give gives notice and fully containing reasonably full particulars of Force Majeure in writing such force majeure to the each other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable in damages or otherwise during the continuance of any inability so caused; provided that the inability then claimed, except as hereinafter provided, but for no longer period, party whose performance is affected uses reasonable efforts to remedy the situation and such party shall endeavor to remove or overcome such inability the cause with all reasonable dispatch.

Appears in 1 contract

Samples: Operating Agreement (National Fuel Gas Co)

Force Majeure. If by reason (a) In the event of Force Majeure any party being rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, it is agreed that on such party shall give party's giving notice and fully full particulars of such Force Majeure in writing or by telecopy to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: And Delivery Agreement (KCS Energy Inc)

Force Majeure. If If, by reason reasons of Force Majeure, either any party hereto shall will be rendered unable wholly or in part partially unable to carry out its obligations under this Agreement after its effective date, then such party shall will give written notice and fully of the particulars of such Force Majeure in writing to the other party or parties within a reasonable time after the occurrence of the event or cause relied upon, and the obligation such event. The obligations of the party giving such notice, so far as it is to the extent affected by such Force Majeure, shall will be suspended during the continuance of the inability then claimed, except as hereinafter provided, but claimed and for no longer period, and any such party shall endeavor will in good faith exercise its best efforts to remove or and overcome such inability with all reasonable dispatch inability.

Appears in 1 contract

Samples: Interlocal Agreement

Force Majeure. If by reason of Force Majeure, 11.1. In the event either party hereto shall be experience Force Majeure and is thereby rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement Contract (other than the obligation to make payments then or thereafter due) it is agreed that such party's obligations so affected shall be excused from the inception of, and during the continuance of, any inability so caused, provided that such party shall give notice and fully particulars of claiming Force Majeure in writing gives notice to the other party within a reasonable time after occurrence and of the full particulars of such event or cause relied upon, and as soon as practicable after the obligation of occurrence thereof. As used herein the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. term "

Appears in 1 contract

Samples: Gas Purchase Contract (Energy Corp of America)

Force Majeure. If by reason of Force Majeure Majeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either party Party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this the Agreement then such party Party shall give notice and fully full particulars of the Force Majeure event, in writing writing, to the other party Party, within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party Party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Internet Service Agreement Terms and Conditions

Force Majeure. If If, by reason of Force Majeure force majeure, either any party hereto shall be rendered unable to wholly or in part to carry out its obligations under this Agreement Contract, other than the obligation of Culleoka to make the payments required under Section 8 of this Contract which is not relieved in the event of force majeure, then if such party shall give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation force majeure event. The obligations of the party giving such notice, so far as it is affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided claimed inability, but for no longer period, and such the affected party shall endeavor to remove or overcome such inability with all reasonable dispatch. inability

Appears in 1 contract

Samples: legistarweb-production.s3.amazonaws.com

Force Majeure. If by reason 1. In the event of Force Majeure, either party hereto shall be being rendered unable wholly or in part pan by force majeure to carry out its obligations under this Agreement then contract, other than to make payments due hereunder, it is agreed that on such party shall give giving notice and fully full particulars of Force Majeure such force majeure in writing or by telegraph to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party puny giving such notice, so far as it is they arc affected by such Force Majeure force majeurc, shall be suspended during the continuance continuous of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, perioa and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch . . The term

Appears in 1 contract

Samples: Service Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, it is agreed that upon such party shall give notice and fully giving notice, including reasonably full particulars of such Force Majeure Majeure, in writing to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon of Force Majeure, and then the obligation obligations of the party giving such notice, other than the obligation to make any payment when due hereunder, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided to carry out its obligations hereunder, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, as far as possible, be remedied with all reasonable dispatch . . It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, and that the foregoing requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE XIII

Appears in 1 contract

Samples: Purchase and Sale Agreement (Montauk Renewables, Inc.)

Force Majeure. If by reason of Force Majeure force majeure, either party hereto shall will be rendered unable wholly or in part to carry out its obligations under this Agreement Lease then such party shall will give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure force majeure, shall will be suspended for only thirty (30) days during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor will try to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Equipment Lease Agreement

Force Majeure. If by reason of Force Majeure either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure or other causes herein specified, to carry out its obligations under this Agreement then other than the obligation to make payments due hereunder, it is agreed that on such party shall give Party’s giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by facsimile to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure force majeure or other causes herein specified, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transportation Agreement (Xto Energy Inc)

Force Majeure. If by reason In the event of Force Majeure either Party being rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, except payment of money, it is agreed that upon such party shall give Party giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by telegraph, telefax, or telephone followed by written confirmation to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Delivery Point Construction and Operations Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure, to carry out perform its obligations under this Agreement then Agreement, the performance of such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving obligations by such notice party, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during excused from the continuance inception of the any such inability then claimed, except as hereinafter provided until it is corrected, but for no longer period . The party claiming an inability to perform shall immediately after the occurrence of the force majeure, notify the other party verbally of the nature, date of inception, and expected duration of the force majeure, and the extent to which it will prevent the party giving such notice from performing its obligations under this Agreement. The party giving notice shall endeavor confirm such notification in writing as soon as practicable. The party claiming inability to remove or overcome perform shall promptly correct such inability with all to the extent it may be corrected through the exercise of reasonable dispatch diligence. The term “force majeure” shall mean any act, event, cause, or occurrence rendering a party unable to perform its obligations which is not within the reasonable control of such party, excluding any act, event, cause, or occurrence caused by a party’s own financial condition or negligence.

Appears in 1 contract

Samples: Framework Agreement

Force Majeure. If (a) If, by reason reasons of Force Majeure, either any party hereto shall will be rendered unable wholly or in part partially unable to carry out its obligations under this Agreement after its effective date, then such party shall will give written notice and fully of the particulars of such Force Majeure in writing to the other party or parties within a reasonable time after the occurrence of it. They will suspend the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but claimed and for no longer period, and any such party shall endeavor will in good faith exercise its best efforts to remove or and overcome such inability with all reasonable dispatch inability.

Appears in 1 contract

Samples: Wastewater Pump and Haul Agreement

Force Majeure. If by reason of Force Majeure In the event a party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by force majeure, to carry out any of its obligations under this Agreement then Agreement, it is agreed that on such party shall give party’s giving notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon, and then the obligation obligations of the party giving such notice, so far as to the extent it is affected by such Force Majeure force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the inability then claimed, except as hereinafter extent provided, but for no longer period , and such party . Such cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Development Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure or other causes herein specified, to carry out its obligations under this Agreement then other than the obligation to make payment of amounts due hereunder, it is agreed that on such party shall give party's giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by tele­graph to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure or other causes herein specified, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transportation Agreement

Force Majeure. If by reason of Force Majeure A. Except with regard to a party's obligation to make payments due under this Agreement, in the event either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, it is agreed that upon such party shall give party's giving notice and fully full particulars of Force Majeure such force majeure as soon as reasonably possible, such notice to be confirmed in writing or by facsimile to the other party within a reasonable time party, after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far insofar as it is they are affected by such Force Majeure force majeure, from its inception, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period , and such party shall endeavor to remove or overcome such inability with all reasonable dispatch .

Appears in 1 contract

Samples: Firm Gas Purchase Agreement

Force Majeure. If either party shall be prevented from performing any obligation hereunder (other than an obligation for the payment of money) by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall not be deemed to be in default hereunder by reason of its failure to perform such obligation; provided, that (i) the party which is so prevented from performing shall give prompt notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after of the occurrence of the such event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, as to the cause for such circumstance, the expected duration of such condition and the steps which it is taking to correct such circumstance and (ii) if such condition shall be suspended during continue for a period of more than 150 days, the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such other party shall endeavor have the right to remove or overcome such inability with all reasonable dispatch terminate this Agreement. 16 16.

Appears in 1 contract

Samples: Contract Brewing and Packaging Agreement (American Craft Brewing International LTD)

Force Majeure. If In case by reason of Force Majeure, force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then except as otherwise expressly provided in this Agreement, if such party shall give notice and fully full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice notice (other than the obligations of the Lessee to make the rental payments or other payments required under the terms hereof, or to comply with Sections 4.5 or 6.2 hereof), so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided claimed which shall include a reasonable time for the removal of the effect thereof, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch . . The term "

Appears in 1 contract

Samples: Lease Agreement (Technology Flavors & Fragrances Inc)

Force Majeure. If by reason of Force Majeure 12.1 In the event either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then Agreement, other than the obligation to make payment of money due hereunder, it is agreed that upon such party shall give Party's giving notice and fully reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Party after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is and to the extent that they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch . This Agreement shall not be terminated by reason of any such cause, but shall remain in full force and effect, and this Agreement shall not be extended regardless of such curtailment or cessation.

Appears in 1 contract

Samples: Liquids Purchase Agreement (Dynegy Energy Partners Lp)

Force Majeure. If by reason of Force Majeure, Majeure either party Party hereto shall be 29 rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then such party 30 Party shall give notice and fully full particulars of such Force Majeure in writing to the other party Party 31 within a reasonable time after occurrence of the event or cause relied upon on, and the obligation of the party such 32 Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended 1 during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party Party 2 shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Agreement

Force Majeure. If 14.01 In case, by reason of Force Majeure FORCE MAJEURE, either party hereto shall be rendered unable to wholly or in part to carry out its obligations under this Agreement then Lease, other than the obligation of the Lessee to make the rental payments required under the terms hereof, then, except as otherwise provided in this Lease, if such party shall give notice and fully full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed , except as hereinafter provided , but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch . . The term "

Appears in 1 contract

Samples: Contract of Lease and Rent (General Housing Inc)

Force Majeure. If by reason of Force Majeure force majeure any party to this Agreement is rendered unable, either party hereto shall be rendered unable wholly or in part part, to perform or carry out its obligations under this Agreement then Agreement, other than to make payments when due, and if such party shall give gives notice and fully reasonably full particulars of Force Majeure such force majeure in writing or by telecopy to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable during the continuance of the any inability then claimed, except as hereinafter provided, but for no longer period, and such party so caused. The Party claiming force majeure shall endeavor use due diligence to remove or overcome such inability remedy its nonperformance with all reasonable dispatch.

Appears in 1 contract

Samples: Construction, Operation and Maintenance Management Agreement (MCN Corp)

Force Majeure. If Except for payment obligations, if by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason 27.1 It is agreed that in the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part by Force Majeure, to carry out its obligations under this Agreement CONTRACT, then on such party shall give party’s giving notice and fully full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, as far as possible be remedied with all reasonable dispatch . The provisions of this Force Majeure clause shall not apply, however, to obligations of COMPANY to make payments of money or otherwise for liabilities and obligations actually incurred under the terms hereof.

Appears in 1 contract

Samples: Kikeh Area Development (Murphy Oil Corp /De)

Force Majeure. If by reason of Force Majeure force majeure any Party is unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then Agreement, and if such party shall give Party gives notice and fully reasonably full particulars of Force Majeure such force majeure in writing writing, or by electronic communication, to the other party Party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation of the party giving such notice Party in a force majeure situation, so far as and to the extent that it is affected by such Force Majeure force majeure, shall not be suspended liable for failure of performance hereof during the continuance of the any such inability then claimed, except as hereinafter so caused; provided, but for no longer period, and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch ; and provided further, such cause shall not relieve any Party from its obligation to make payments hereunder which were due prior to such force majeure.

Appears in 1 contract

Samples: Electronic Monitoring Equipment (Tc Pipelines Lp)

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure to carry out its obligations under this Agreement hereunder (except obligation herein to pay the Demand Fee as set forth in Section 13 of Part I, and except obligations to pay money which have already been incurred), then upon such party shall give party's giving notice and fully reasonably full particulars of Force Majeure such force majeure in writing writing, or by telex, or by facsimile or other equivalent means, to the other party within a reasonable time after the occurrence of the event or cause relied upon on, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transportation Agreement (Kinder Morgan Energy Partners L P)

Force Majeure. If (a) If, by reason reasons of Force Majeure, either any party hereto shall will be rendered unable wholly or in part partially unable to carry out its obligations under this Agreement after its effective date, then such party shall will give written notice and fully of the particulars of such Force Majeure in writing to the other othe r party or parties within a reasonable time after the occurrence of it. They will suspend the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but claimed and for no longer period, and any such party shall endeavor will in good faith exercise its best efforts to remove or and overcome such inability with all reasonable dispatch inability.

Appears in 1 contract

Samples: Wastewater Pump and Haul Agreement

Force Majeure. If by reason of Force Majeure, In the event either party hereto shall be is rendered unable unable, wholly or in part part, by force majeure to carry out its obligations under this Agreement then Agreement, other than the payment of monies due, it is agreed that on such party shall give giving notice and fully full particulars of Force Majeure such force majeure, in writing writing, or by telephone (promptly confirmed in writing) to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch . Notwithstanding an event of force majeure, PLANT OPERATOR shall take all necessary action to reduce loss or damage to persons or property which may occur from such event to the extent that it is reasonable to do so.

Appears in 1 contract

Samples: Construction, Ownership and Operation Agreement (National Fuel Gas Co)

Force Majeure. If 19.11.1. Except for payment of sums due, neither party shall be liable to the other or deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure, force majeure. If either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such is delayed by force majeure, said party shall give notice and fully particulars of Force Majeure in writing provide written notification to the other party within a reasonable time after occurrence party. The notification shall provide evidence of the event or cause relied upon, force majeure and commercially reasonable efforts to mitigate the obligation effects to the satisfaction of the party giving such notice, so far other party. Such delay shall cease as it is affected by such Force Majeure, soon as practicable and written notification of same shall be suspended during provided. The time of completion shall be extended by contract modification for the continuance period of the delay or inability then claimed, except as hereinafter provided, but for no longer period, and to perform due to such party shall endeavor to remove or overcome such inability with all reasonable dispatch occurrences.

Appears in 1 contract

Samples: esdorchardstorage.blob.core.windows.net

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by a Force Majeure event to carry out its obligations Obligations under this Agreement then Agreement, other than to make payment for amounts accrued, it is agreed that upon such party shall give giving notice and fully reasonably full particulars of such Force Majeure event in writing to the other party within a reasonable time as soon as possible after the occurrence of the event or cause relied upon on, and then the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure Majeure event, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, period and such party shall endeavor to remove or overcome such inability cause shall, as far as possible, be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Landfill Gas Purchase and Sale Agreement (Great Plains Ethanol LLC)

Force Majeure. If by reason In the event of Force Majeure, either party hereto shall be being rendered unable unable, wholly or in part part, by force majeure to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing Agreement, other than to make payments due hereunder, it is agreed that the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure force majeure, shall be suspended during the continuance continuation of the any inability then claimed, except as hereinafter provided, so caused but for no longer period , ; and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch ; provided, however, that no party hereto shall be required against its will to adjust any labor dispute.

Appears in 1 contract

Samples: Gas Sales Agreement (Mississippi Chemical Corp /MS/)

Force Majeure. If In the event that either party is unable, wholly or in ------------- part, by reason of an event of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then (other than obligations to pay money hereunder), it is agreed that on such party shall give party's giving prompt written notice and fully full particulars of such event of Force Majeure in writing to the other party within a reasonable time as soon as practical after the occurrence of the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such reason of an event of Force Majeure, shall be suspended during until the continuance of the inability then claimed, except as hereinafter provided, but cause for no longer period, such suspension has been removed. Owner and such party shall endeavor Operator each agrees to use due diligence to remove or overcome the cause for such inability with all reasonable dispatch suspension.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Environmental Power Corp)