Excuse of Performance. Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
Excuse of Performance. Seller shall not be liable for delays in performance or for non-performance due to acts of God; acts of Buyer; war; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances or any events or causes beyond Seller’s reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of any of the foregoing, but the balance of the agreement shall otherwise remain unaffected as a result of the foregoing. If Seller determines that its ability to supply the total demand for the Goods, or to obtain material used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Seller may allocate its available supply of the Goods or such material (without obligation to acquire other supplies of any such Goods or material) among [itself and] its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result therefrom.
Excuse of Performance. Grantor's and Licensee's performance (other than Licensee's obligation to pay for Products or other fees or monetary obligations in accordance herewith, which shall not be excused) hereunder shall be excused if (but only for so long as) any of the following conditions or events occur and are continuing: Labor conflicts, strikes, lock-outs, fires, explosions, war, civil disturbances, unforeseen military action, governmental action, requisitions or seizures, delays of subcontractors or vendors, unavailability of raw materials or transport facilities, acts of God or nature, or any other condition or event which is beyond the reasonable control of Grantor or Licensee, as the case may be.
Excuse of Performance. 10.1 The performance of this Agreement, except for the payment of money for services already rendered and such further services as are necessary for standby or to demobilize following suspension, may be suspended by either party in the event performance of this Agreement is prevented by a cause or causes beyond the reasonable control of either party or force majeure and not contemplated as a circumstance in which services hereunder are to be performed. Such causes shall include, but not be limited to, acts of God, acts of public enemies, war, rebellion, sabotage, riot, fire, explosion, unavoidable accident, or flood; Governmental laws, regulations, requirements, orders or actions; national defense requirements, injunctions or restraining orders, labor trouble, strike, lockout or injunction. In such event, the parties agree to use their Best Endeavors to eliminate the above referenced causes (provided that neither party shall be required to settle a labor dispute against its own best judgment).
Excuse of Performance. Each Party shall be excused from performance and shall not be considered to be in default (including Events of Default) with respect to any obligation hereunder, except the obligation to pay money in a timely manner, if and to the extent that its failure or delay in performance is due to an Uncontrollable Circumstance, provided that:
Excuse of Performance. Notwithstanding any other provision of this Agreement to the contrary, Developer shall be entitled to an adjustment in the time for or excuse of the performance of any duty or obligation of Developer under this Agreement for Force Majeure events, but only for the number of days due to and/or resulting as a consequence of such causes and only to the extent that such occurrences actually prevent or delay the performance of such duty or obligation or cause such performance to be commercially unreasonable.
Excuse of Performance. No party shall be liable for any failure to perform under this Agreement, other than any obligation to make any payment, due to an act of God, war, public enemy, any person engaged in subversive activity, sabotage, terrorism, hacking or other similar acts, fire, flood, storm, explosion, hurricane, tornado, earthquake or other natural disaster or catastrophe, epidemic or quarantine restriction, interruption of power supplies or hosting services or any other cause beyond the reasonable control of the party attempting to excuse its performance pursuant to this Article VIII.
Excuse of Performance. Seller shall not be liable for any nonperformance or any default or delay in performance if caused, directly or indirectly, by acts of God, acts of Buyer, war, fire, flood, weather, sabotage, riot, civil commotion, strikes, lock-outs, slow downs, picketing or other labor controversies, accidents, delay or default of or failure by carriers, shortages of labor, delay in obtaining or inability to obtain materials, equipment or parts from regular sources, action, request or regulation of or by any government or governmental authority, or any other happening or contingency beyond Seller's reasonable control, or without Seller's fault, whether similar or dissimilar to the foregoing. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of the foregoing, but the balance of this agreement shall otherwise remain unaffected as a result of the foregoing. If Seller determines that its ability to supply the total demand for the Goods, or to obtain material used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due to causes set forth herein, Seller may allocate its available supply of the Goods or such material (without obligation to acquire other supplies of any such Goods or materials) among itself and its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result therefrom.
Excuse of Performance. Any delay or failure of performance by Tosca shall not be a breach of these Terms if and to the extent such performance is prevented or delayed due to events beyond Tosca’s reasonable control, including (without limitation) compliance with law or government authority, military action, terrorism, riots, civil disorders, fires, severe weather conditions, accidents, labor strikes, lockouts and shortages, computer system failures, loss of electronic data, unavailability of materials, facility shutdowns, or delays in transportation. Tosca’s obligations shall be suspended, without liability, for so long as such event continues. Tosca may allocate and distribute RPCs among its customers in such proportion as Tosca determines in its sole discretion.
Excuse of Performance. If and to the extent DISPOSER and GENCORP have agreed pursuant to a Service Order to provide and accept Services, then and to the extent GENCORP has not tendered Waste Material to DISPOSER or DISPOSER has not taken possession of Waste Material from GENCORP, the obligation to so tender or take possession of Waste Material and provide to or accept Services with respect thereto may be suspended by either party in the event that such tender or possession is prevented by a cause or causes beyond the reasonable control of such party. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood, or sabotage; acts of governmental agencies or officials; injunctions or restraining orders; strike or lockouts. The party asserting a right to suspend such performance under this Section shall, within a reasonable time after it has knowledge that it must suspend such performance, notify the other party of the cause for suspension, the performance suspended, and the anticipated duration of suspension and shall use reasonable efforts to resume performance. In no event shall DISPOSER have any right to suspend any performance hereunder with respect to any Waste Material, which is in its possession or the possession of its employees, agents or delegatee. Upon GENCORP’s receipt of such notice advising of a suspension of performance of more than three (3) days, GENCORP may upon written notice to DISPOSER terminate any Service Order except that any such Service Order shall survive with respect to Waste Material in the possession of DISPOSER or any employee, agent or delegatee of DISPOSER. If the applicable Service Order has not been terminated, the party that suspended such performance shall promptly advise the other party when the suspending event has ended, and when performance will be resumed.
