Delay Caused by Force Majeure Sample Clauses

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 and continues to so comply, then:
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Delay Caused by Force Majeure. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 and continues to so comply then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the obligation to make any payment otherwise due hereunder) under or pursuant to this Agreement for so long as and to the extent that the performance of such obligations are affected by the Force Majeure Event; and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.
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Delay Caused by Force Majeure. Subject to Clauses 12.1.3 and 12.2, so long as the Party affected by a Force Majeure Event has complied with Clause 12.3, then (a) such Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under this Agreement during such Force Majeure Event and (b) any deadline for performance of any obligation of such Party under this Agreement shall be extended provided that such Party shall have no entitlement to any relief under this Clause 12.4 (including any such extension) to the extent that such failure or delay would have nevertheless been experienced by it had such Force Majeure Event not occurred.
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Delay Caused by Force Majeure. Should an event of Force Majeure occur that has the effect of delaying the Commercial Start Date, then the Commercial Start Date shall be postponed or delayed to fully address the effects of such event.
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Delay Caused by Force Majeure. Except as otherwise set forth below, neither Party shall be responsible or liable for or deemed in breach hereof because of any failure or delay in complying with its obligations (other than an obligation to make a payment) under or pursuant to this Agreement due to one or more events of Force Majeure or its or their effects or by any combination thereof, and the periods allowed or dates required (including the Required Commercial Operation Dates) for the performance by Parties of such obligation(s) shall be extended on a day-for-day basis to account for such event(s), effects or combination thereof; provided that no relief shall be granted to the Party claiming Force Majeure pursuant to this Article 17 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.
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Delay Caused by Force Majeure. To the extent the delay or suspension is caused by Force Majeure, as that term is defined in Article 24 (excepting for purposes of Subarticle 13.3.2), Contractor shall give Owner written Notice specifying the date of commencement of such delay or suspension within ten (10) Business Days after the date on which Contractor first becomes aware of the event or act constituting the Force Majeure. The Project Schedule shall be extended on a Day-for-Day basis from the Force Majeure Delay Date. To the extent that a Force Majeure event lasts more than five (5) consecutive Days, Contractor shall be entitled to an adjustment in the Contract Price as set forth in Subarticle 24.6.
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Delay Caused by Force Majeure a. So long as the affected Party has, at all times since the occurrence of the Force Majeure Event, complied with the obligations of Section 15.3 and continues so to comply, then:
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Delay Caused by Force Majeure. If, by reason of Force Majeure, either party hereto (the "Frustrated Party") is delayed or unable, in whole or in part, to perform or comply with any obligation or condition of this Agreement (other than an obligation to pay), then it shall be relieved of liability and shall suffer no prejudice for failing to perform or comply or for delaying such performance or compliance during the continuance and to the extent of the inability so caused from and after the happening of the event of Force Majeure, provided that it gives to the other party prompt notice of such inability as soon as practicable and reasonably full particulars of the cause thereof. If notice is not promptly given, taking into account the effects of the event of Force Majeure, then the Frustrated Party shall only be relieved from performance or compliance from and after the giving of such notice. The Frustrated Party shall use reasonable commercial efforts to remedy the situation and remove, so far as possible with reasonable dispatch, the cause of its inability to perform or comply, provided, however, that settlement of strikes, lockouts and other industrial disputes shall be within the discretion of the Frustrated Party. The Frustrated Party shall give prompt notice of the cessation of Force Majeure.
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Related to Delay Caused by Force Majeure

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

  • 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 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. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

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