DELAYED PERFORMANCE. The Supplier shall deliver the Supplies in the quantities and to the Specification and delivery schedule specified in this Order. The Supplier shall observe delivery requirements strictly. If (1) circumstances, events or causes in the nature of force majeure (as defined in § 9 of these Terms) or other cause beyond the Supplier's reasonable control cause the Supplier to delay performance, (2) the Supplier gives Buyer written notice of this circumstance, event or cause immediately, and (3) Buyer gives its written consent, the time for the Supplier's performance will be extended by a period equal to the resulting delay. If the Supplier fails to perform this Order for any other reason, after 15 days from such failure Buyer may retain or obtain any Supplies wholly or partially completed by the Supplier, obtain materials from others to complete the Order, and either (1) deduct the cost of completing the Order from any monies due the Supplier (whether or not under this Order), or (2) recover those additional costs from the Supplier. This right is in addition to any other right or remedy available to Buyer at law or otherwise. In addition to the aforementioned rights or remedies Buyer may terminate the Contract.
DELAYED PERFORMANCE. 12.1 The beneficiary shall inform the Commission, without delay and with full details, of any event that is liable to prejudice or delay the performance of the project. The parties concerned shall agree together on the measures to be taken.
DELAYED PERFORMANCE. Except as expressly provided otherwise in this Agreement, dates and times by which XE is required to render performance under this Agreement shall be postponed automatically to the extent and for the period of time that XE is prevented from meeting them by reason of any cause beyond its reasonable control.
DELAYED PERFORMANCE. Neither party shall be liable for a failure to ------------------- perform under this Agreement for any cause beyond such party's reasonable control, which may include acts of God, acts of a public enemy, acts of Governments of any state or political subdivision or any department or regulatory agency thereof or entity created thereby, quotas, embargoes, acts of any person engaged in subversive activity or sabotage, fires, floods, explosions, or other catastrophes, epidemics, or quarantine restrictions, strikes or other labor stoppages, slowdowns or disputes. Each party shall: (a) promptly notify the other of any such event or threatened event; and (b) use due diligence and all reasonable efforts to cure any such cause preventing or threatening to prevent its performance and to resume performance.
DELAYED PERFORMANCE. If Xxxxxxxx’x performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Xxxxxxxx shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
DELAYED PERFORMANCE. Except for the obligation to make payments when due hereunder, all other obligations under this Agreement shall be suspended for so long as one or both Parties hereto are prevented from performing hereunder by acts of God/nature, the elements, acts of federal, state or local governments, agencies or courts, damage to or destruction or unavoidable shutdown of necessary facilities, or other matters beyond their reasonable control; provided, however, that any party so prevented from complying with its obligations hereunder shall promptly notify the other party thereof and shall exercise due diligence to remove and overcome the cause of such inability to perform as soon as practicable.
DELAYED PERFORMANCE. If performance of this Agreement is prevented, restricted or interfered with by reason of acts of God, wars, revolution, civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, or any other circumstances beyond the reasonable control and not involving any fault or negligence of the party affected, the party affected, upon giving prompt notice to the other party, shall be excused from such performance on a day-to-day basis during the continuance of such prevention, restriction, or interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis during the same period), provided, however, that the party so affected shall use its best reasonable efforts to avoid or remove such causes of nonperformance and both parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease. If force majeure condition continues for more than 30 days, then the party affected may terminate this Agreement upon 15 calendar days notice to the other.
DELAYED PERFORMANCE. Force Majeure Neither party shall be liable in any way because of any delay in performance hereunder which is due to unforeseen circumstances or causes beyond its control. including, but not limited to, strike; lockout; riot; war; fire; flood; changing in national regulations which can prevent from implementation of this Agreement.
DELAYED PERFORMANCE. Neither Party shall make any claim against the other Party for damages or other for any delay (including a deferral, suspension or postpone ment) in the performance of any of its obligations under this Agreement.
DELAYED PERFORMANCE. Neither party will be liable for any loss or damage resulting from any delay, error or failure in performance of its obligations under this Agreement, if such delay, error or failure is due to any cause beyond the reasonable control of the party, including, without limitation, (i) war, civil commotion, disaster, labour disturbances, (ii) equipment, systems, communications facility or transmission disruption, failure, malfunction or error, and (iii) any mea sure taken by any actual or purported government, regulatory or other authority which prohibits, restricts, confiscates, withholds or otherwise interferes in whole or in part with a Transaction which Customer has instructed CIBC FirstCaribbean, in writing, to process.
