Common use of Delay Due to Force Majeure Event Clause in Contracts

Delay Due to Force Majeure Event. A delay in or failure of performance hereunder by either Party shall not constitute a default under this Agreement, nor shall either Party be liable for any loss or damage suffered by the other Party by reason of such delay or failure of performance, to the extent that such delay or failure of performance results from a Force Majeure Event. “Force Majeure Event” shall mean an event beyond the reasonable control of the affected Party, which event such Party could not reasonably have foreseen, prevented or limited the effects thereof utilizing all reasonable efforts under the circumstances, including, but not limited to (to the extent the foregoing requirements are met): an act of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or binding request of any governmental authority; action or inaction of governmental authorities; Changes in Law; labor disputes (but excluding strikes or other labor actions specific to the Gathering System, CONTRACTOR or any Subcontractor); acts of declared or undeclared war; public disorder, rebellion or sabotage (other than as provided below); revolution; epidemic; landslide; lightning; fire; hurricane; earthquake; flood; riot; explosion; shutdown required by any utility or governmental agency; or injunction or quarantine. Force Majeure Events include the failure of a Subcontractor or supplier to furnish labor, services, materials or equipment in accordance with its contractual obligations, but solely to the extent such failure is itself due to a Force Majeure Event. Force Majeure Events shall not include (a) a Party’s financial inability to perform under this Agreement; (b) a failure of equipment except if caused by a Force Majeure Event; (c) sabotage by employees or subcontractors of the Party claiming the Force Majeure Event; or (d) general market conditions.

Delay Due to Force Majeure Event. A delay in or failure of performance hereunder by either Party shall not constitute a default under this Agreement, nor shall either Party be liable for any loss or damage suffered by the other Party by reason of such delay or failure of performance, to the extent that such delay or failure of performance results from a Force Majeure Event. “Force Majeure Event” shall mean an event beyond the reasonable control of the affected Party, which event such Party could not reasonably have foreseen, prevented or limited the effects thereof utilizing all reasonable efforts under the circumstances, including, but not limited to (to the extent the foregoing requirements are met): an act of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or binding request of any governmental authority; action or inaction of governmental authorities; Changes in Law; labor disputes (but excluding strikes or other labor actions specific to the Gathering SystemTransmission Line, CONTRACTOR or any Subcontractor); acts of declared or undeclared war; public disorder, rebellion or sabotage (other than as provided below); revolution; epidemic; landslide; lightning; fire; hurricane; earthquake; flood; riot; explosion; shutdown required by any utility or governmental agency; or injunction or quarantine. Force Majeure Events include the failure of a Subcontractor subcontractor or supplier to furnish labor, services, materials or equipment in accordance with its contractual obligations, but solely to the extent such failure is itself due to a Force Majeure Event. Force Majeure Events shall not include (a) a Party’s financial inability to perform under this Agreement; (b) a failure of equipment except if caused by a Force Majeure Event; or (c) sabotage by employees or subcontractors of the Party claiming the Force Majeure Event; or (d) general market conditions.