Delays; Force Majeure. In the event of delays from causes beyond the reasonable control of Seller (such as, but not limited to, acts of God, strikes, work stoppages, unavailability of or delay in receiving labor or materials or undue and/or excess expense in receiving the same, defaults by contractors or subcontractors, inability to obtain necessary governmental permits or approvals, including, without limitation, building permits, weather conditions, terrorism, pandemics, epidemics, strikes, inability to obtain materials, or fire or other casualty, or any legal proceedings, orders or judgments commenced or secured by a third party that could impair the development or use of the Project or the Resort for their respective intended purposes, and any other conditions or events legally recognized in the State of Colorado as frustrating or rendering impossible performance of contracts) (each, a "Force Majeure Delay"), then the time for Seller's performance under this Agreement will be extended for a period or periods of time equal to the length of each Force Majeure Delay.
Delays; Force Majeure. A Party shall not be deemed in default of any of its obligations under this Agreement other than an obligation to make payment if, and to the extent that, performance of such obligation is prevented or delayed by acts of God or public enemy, civil war, insurrection or riot, fire, flood, explosion, earthquake, labour dispute causing cessation slowdown or interruption of work, national emergency, act or omission of any governing authority or agency thereof, inability after reasonable endeavours to procure equipment, data or materials from suppliers, pandemic, epidemic or widespread infectious disease or any other circumstances beyond its reasonable control (Event of Force Majeure), provided that such Event of Force Majeure is not caused by the negligence of that Party, and that Party has notified the other in writing of the Event of Force Majeure. The Party notifying an Event of Force Majeure shall use all reasonable endeavours to avoid or minimise the effects of an Event of Force Majeure. Upon the occurrence of an Event of Force Majeure, the time for performance shall be extended for the period of delay or inability to perform due to such occurrence, but if an Event of Force Majeure continues for a continuous period of more than one month the other Party shall be entitled to terminate this Agreement.
Delays; Force Majeure. 24 In the event any party hereto shall be delayed in the performance of its initial construction, or 25 maintenance and/or repair obligations, by reasons of strikes; lockouts; labor disputes; Acts of God; 26 inability to procure labor, materials, or reasonable substitutes therefor; or shall at any time be so delayed 27 by reason of the diminution of power or power failure(s); restrictive governmental laws or controls; 28 judicial orders; enemy or hostile governmental action; civil commotion; fire or other casualty, or reasons 29 of a similar nature not the fault of the party delayed in performing work or doing acts required under the 30 terms of this Lease, then performance of such act shall be excused for the period of the delay and the 31 period for the performance of any such act shall be extended for a period equivalent to the period of such 32 delay; provided, however, that the time for performance shall in no event be extended due to financial or 33 economic problems of either party, their architects, contractors, agents or employees, or delay caused by 34 the inability of architects, contractors, suppliers or other employees and agents to meet deadlines, delivery 35 or contract dates (unless such inability is caused by Acts of God, war, civil disobedience or strike). 36 Notwithstanding anything to the contrary, the occurrence of any of the events of force majeure herein 37 described shall not excuse Tenant's obligations to pay Minimum Annual Rental, Percentage Rental and 38 Additional Rent (unless the provisions of Article XVII or Article XVIII apply) or excuse such obligations 39 as this Lease may otherwise impose on the party to obey, remedy or avoid such event; moreover should 40 the work performed by Xxxxxx or Xxxxxx's contractor result in a strike, lockout and/or labor dispute, such 41 strike, lockout and/or labor dispute shall not excuse Xxxxxx's performance. Further, Landlord's reduction 42 of heat, light, air conditioning, or any other services whatsoever to the Park/Plaza Development because 43 of any similar or dissimilar event constituting a cause for excusable delay hereunder shall not relieve 44 Tenant from its obligations pursuant to Article VII of this Lease. It shall be a condition of Tenant's right 45 to claim an extension of time as a result hereof that Tenant notify Landlord in writing within ten (10) 46 calendar days after the first occurrence of any such event, and the cause, specifying the nature thereof and 47 the period of ti...
Delays; Force Majeure. In the event either party is delayed in the performance of any obligation required by this Agreement, such performance shall be excused (unless the specific provision otherwise provides) for the period of the delay and performance of any such obligation shall be extended for a period equal to the delay, if and only if the delay is by reason of “force majeure”, which used herein shall mean fire, earthquake, hurricane, flood and a similar act of God constituting a natural disaster, explosion, terrorist action, war, executive order of government or similar causes not within the control of the entity being delayed. However, the time for Concessionaire’s performance of any obligation shall not be extended due to any lack of funds, financial or economic problems of either Concessionaire or Concessionaire’s architects, contractors, suppliers, agents, consultants and/or employees. If Concessionaire shall claim a delay due to force majeure, Concessionaire must notify the Director in writing for receipt by the City within 15 days of the first occurrence of an event of force majeure. Such notice must specify in reasonable detail the cause or basis for claiming force majeure and the anticipated delay in Concessionaire’s performance. In no event shall any delay extend Concessionaire’s performance beyond a 75 day period without the specific written approval of the Director. Under no circumstances shall any such condition or delay (unless the specific provision provides for abatement of Rentals), whether such condition or delay is claimed by the City or Concessionaire, excuse or delay Concessionaire’s payment of any Rentals and other charges due hereunder. Further, the City’s reasonable reduction of heat, light, air conditioning or any other services whatsoever to the Terminal, the Airport or the Premises shall not relieve or excuse Concessionaire from any of its obligations hereunder.
Delays; Force Majeure. If Contractor is delayed in the performance of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access the Premises; concealed or unknown conditions encountered at the Premises that materially differ from the conditions otherwise reasonably expected or known to Contractor; a Force Majeure Event (as defined below); or a failure by MPS to perform its obligations under this Contract, Contractor shall provide written notice to MPS of the existence, extent of, and reason for such delays and impacts, and Contractor shall not be held responsible to MPS for damages, loss, injury, or delay caused by such conditions. Under such circumstances, the parties shall negotiate an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee. As used herein, the term “
Delays; Force Majeure. For the purposes of any of the provisions of this Agreement, neither the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations hereunder in the event of any enforced delay in the performance of such obligations due to or arising from causes beyond its reasonable control and without its fault or negligence, including, but not restricted to (i) acts of God, acts of public enemies, acts or omissions of the other parties (including litigation by third parties), fires, floods, epidemics, quarantine restrictions, strikes, freight, energy shortages, embargoes, unusual or severe weather, or (ii) delays of subcontractors due to actions or inactions by any federal, state or local governmental or quasi-governmental authority with respect to any required governmental approvals for the development of the Redevelopment Project (excluding, without limitation, a failure of the City to perform in accordance with the terms of this Agreement). It is the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or the Redeveloper shall be extended for the period of the enforced delay.
Delays; Force Majeure. Except for payment obligations, neither party will be liable to the other for any failure to meet its obligations due to any cause beyond the non-performing party's reasonable control. If the inability to perform continues for longer than 90 days, either party may terminate this Agreement by providing written notice to the other party and Buyer will pay Honeywell for products delivered and services performed prior to termination. Force majeure events may include but are not limited to: (1) government embargoes, (2) blockades, (3) seizure or freeze of assets, (4) delays or refusals to grant an export license or the suspension or revocation thereof, (5) any other acts of any government that would limit the ability for contract performance, (6) fires, earthquakes, floods, severe weather conditions, (7) any other acts of God, (8) quarantines or regional medical crises, (9) labor strikes or lockouts, (10) riots, strife, insurrection, civil disobedience, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property), (11) shortages or inability to obtain materials or components and (12) inability or refusal by Xxxxx's directed third party suppliers to provide Honeywell parts, services, manuals, or other information necessary to the goods or services to be provided by Honeywell under this Agreement. Order Adjustment. If a force majeure event causes a delay,then the date of performance will be extended by the period of time that the non-performing party is actually delayed or for any other period as the parties may agree in writing. INSPECTION AND ACCEPTANCE Unless other acceptance criteria has been agreed to by the Parties under this Agreement the Buyer will inspect Equipment within a reasonable period after delivery not to exceed 30 calendar days. Equipment will be presumed accepted unless Xxxxxxxxx receives written notice of rejection explaining the basis for rejection within the same timeframe. Honeywell will have a reasonable opportunity to repair or replace rejected Equipment, at its option. Honeywell assumes shipping costs in an amount not to exceed normal surface shipping charges to Honeywell's designated facility for the return of properly rejected Equipment. Following initial delivery, the party initiating shipment will bear the risk of loss or damage to Equipment in transit. If Honeywell reasonably determines that rejection was improper, X...
Delays; Force Majeure. Purchaser may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such Goods at the direction of Purchaser and shall deliver them when the cause affecting the delay has been removed. Purchaser shall be responsible only for Seller’s reasonable direct additional costs in holding the Goods or delaying performance of this Purchase Order at Purchaser’s request.
Delays; Force Majeure. MI-TECH shall provide the professional services in a timely fashion, but in no event shall be held to any specific deadlines in the performance of the Services. Neither party shall be deemed in default for the Agreement or any work order hereunder to the extent that any delay or failure in the performance of its obligations (other than payment) results, without the fault or negligence of such party, from any cause beyond its reasonable control including, without limitation, acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes, or lock-outs.
Delays; Force Majeure. ALOM shall not be liable for any delay in the performance of Orders or Services, or in the delivery or shipment of goods, or for any damages suffered by Customer by reason of such delay, to the extent that such delay is, directly or indirectly, caused by Customer or arises from fires, floods, accidents, acts of God, pandemic, governmental interference or requirements, labor difficulties or strikes, transportation delays, shortages of fuel, power, materials or supplies, or similar causes beyond the reasonable control of ALOM.
