Default and Force Majeure. The State reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the State, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. The Purchasing Entity reserves the right to cancel all or any part of any Orders placed under this Agreement without cost to the Purchasing Entity, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the Participating State and/or the Purchasing Entity due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the Order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the Participating State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the Participating State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. 8.1 If Lessee will be in default in performing any obligations (except the timely payment of royalties), Lessee shall lose no rights unless, within sixty (60) days following written notice from Lessor, given at the address herein specified, specifying such failure or breach, Lessee shall fail to make such payment or undertake to cure such default by commencement and follow through of appropriate performance, within a reasonable amount of time. Upon such failure, Lessor may terminate this Lease.
Default and Force Majeure. 19.1 The term “
Default and Force Majeure. 9.01 Provider Defaults • The developer will have defaulted on the PPA contract if it: o Breaches a material term (i.e., does not do something important called for in the PPA) and does not remedy that breach. o Goes bankrupt. o Does not provide the insurance required under the PPA o Does not produce electricity for more than 90 days in any year, unless the lack of production is caused by an action of the Town or an Act of God. • If the developer defaults, the Town may terminate the PPA and buy the solar array. • If the developer’s default might cause injury to anyone or to anyone’s property, the Town may intervene to remedy the situation.
Default and Force Majeure. The Contractor shall not be liable for any failure to perform obligations under this Agreement if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above.
Default and Force Majeure. The State reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the State, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.
Default and Force Majeure. Default and Force Majeure shall be addressed as proscribed in the DGS Standard Contract Provisions. See
Default and Force Majeure. 11 9.01 Provider Defaults 11 9.02 Customer Defaults 12 9.03 Force Majeure 13 9.04 LIMITATION ON LIABILITY 14 Article X. DISPUTE RESOLUTION. 14 10.01 Resolution by Parties 14 10.02 Binding Arbitration 14 10.03 Exceptions to Arbitration Obligation 14
Default and Force Majeure. 1 University will only be in default in respect of the fulfilment of an obligation under the agreement if it has been declared in default by the Client and after being granted a reasonable period for compliance with its obligation and after this reasonable period has expired without fulfilment of the obligation.
