Common use of CONDITIONS BEYOND CONTROL OF PARTIES Clause in Contracts

CONDITIONS BEYOND CONTROL OF PARTIES. Neither party shall be held liable for failure to comply with any of the terms of this Agreement when such failure has been caused solely by fire, labor dispute, strike, war, insurrection, government restrictions, force majeure, or act of God beyond the control and without fault on the part of the party involved, provided such party uses due diligence to remedy such default. Circumstances are likely to arise from time to time which may require that budgets be exceeded, and Capital shall not be liable for budget overruns.

Appears in 8 contracts

Samples: Management Agreement (Capital Senior Living Corp), Management Agreement (Capital Senior Living Corp), Management Agreement (Capital Senior Living Corp)

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CONDITIONS BEYOND CONTROL OF PARTIES. Neither party shall be held liable for a failure to comply with any of the terms of this Agreement when (other than payment defaults) to the extent such failure has been caused solely by fire, labor dispute, strike, war, insurrection, government restrictions, force majeure, majeure or act of God beyond the control and without fault on the part of the party involved, provided such party uses due diligence to remedy such default. Circumstances Without limiting the generality of the foregoing, it is understood that circumstances are likely to arise from time to time which may require that budgets be exceeded, and Capital LCS shall not be liable for budget overruns.

Appears in 1 contract

Samples: Management Agreement (North Oaks Partnership)

CONDITIONS BEYOND CONTROL OF PARTIES. Neither party shall be held liable for failure to comply with any of the terms of this Agreement when such failure has been caused solely by fire, labor dispute, strike, war, insurrection, government restrictions, force majeure, or act of God beyond the control and without fault on the part of the party involved, provided such party uses due diligence to remedy such default. Circumstances are likely to arise from time to time which may require that budgets be exceeded, and Capital Manager shall not be liable for budget overruns.

Appears in 1 contract

Samples: Management Agreement (Capital Senior Living Corp)

CONDITIONS BEYOND CONTROL OF PARTIES. Neither party shall be held liable for failure to comply with any of the terms of this Agreement when such failure has been caused solely by fire, labor dispute, strike, war, insurrection, government restrictions, force majeure, or act of God beyond the control and without fault on the part of the party involved, provided such party uses due diligence to remedy such default. Circumstances are likely to arise from time to time which may require that budgets be exceeded, and Capital Lack of funds shall not be liable for budget overrunsdeemed to excuse the performance by Owner or Capital of its obligations under this Agreement.

Appears in 1 contract

Samples: Management and Marketing Agreement (Capital Senior Living Corp)

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CONDITIONS BEYOND CONTROL OF PARTIES. Neither party shall be held liable for failure to comply with any of the terms of this Agreement when such failure has been caused solely by fire, labor dispute, strike, war, insurrection, government restrictions, force majeure, or act of God beyond the control and without fault on the part of the party involved, provided such party uses due diligence to remedy such default. Circumstances are likely failure to arise from time to time which may require that budgets be exceeded, and Capital shall not be liable for budget overrunscomply.

Appears in 1 contract

Samples: Services Agreement (Mills Corp)

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