Effect on Performance Sample Clauses
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Effect on Performance. Neither Party will be liable for any failure to fulfill any term or condition of this Agreement, nor will such failure constitute a breach of or default under this Agreement, if fulfillment has been delayed, hindered or prevented by an event of force majeure, including, without limitation, any war, riot, strike, lock-out or other industrial dispute, acts of the elements, acts of any government or agency hereof (including the enactment of any new laws, rules or regulations), sabotage or industrial accident, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any similar circumstances beyond its reasonable control.
Effect on Performance. This agreement is a basic agreement with no legally binding force, concluded in order for the Company to give consideration to inheriting the relevant business. At this point, there has been no decision to inherit the relevant business.
Effect on Performance. Neither Party shall be liable in any manner for any delays or failures in its performance under this Agreement to the extent such failures or delays are caused by conditions, acts, or events of Force Majeure. Except as otherwise expressly provided for in this Agreement, the existence of an event of Force Majeure shall not relieve the Parties of their obligations under this Agreement to the extent that performance of such obligations is not affected by the event of Force Majeure.
Effect on Performance. In the event Vendor believes that such change in terms required due to a changed funding source will have a material effect on Vendor’s performance of its obligations under the Agreement and will cause Vendor substantial economic hardship, the Vendor may notify the PBC, if at all, within thirty (30) days of the date of the PBC’s notice of such change, and request the PBC to review the Agreement. Upon such request, if the Director of Procurement in his or her sole discretion agrees that Vendor will suffer substantial economic hardship, the PBC may elect to (i) change the funding source or otherwise modify or exempt Vendor from the application of the requirement at issue (if possible), (ii) provide equitable adjustment in the Agreement for only the effect of the changes due to the changed funding source, or (iii) terminate the Agreement.
Effect on Performance. The Arbitrator shall have authority to extend Delivery Dates or Acceptance Dates only to the extent that matters are in dispute that adversely impact any party's ability to deliver or accept the relevant Release. Both parties shall be obligated to continue to perform unless and until the Arbitrator rules that they are not obligated to do so. Failure to perform without such a ruling by the Arbitrator shall be at the risk of the non-performing party. If the Arbitrator recognizes or permits a delay caused by escalation or arbitration which affects the development process, the Release Delivery Dates shall be extended for the period of such delay. If the Arbitrator recognizes or permits such a delay which affects Acceptance Testing, the Partnership shall segregate the disputed issue and continue with all other Acceptance Testing, including Regression Testing, to the extent practicable. If such segregation is not practicable, the Arbitrator shall determine the amount of necessary delay in the Acceptance Dates set forth in Paragraph 13(a). The parties mutually agree that any such delay should be kept to a minimum.
Effect on Performance. In the event Tenant shall be delayed, hindered, or prevented from the performance of any act required under this Lease, by reason of war, civil commotion, acts of God, governmental restrictions, or any other causes beyond its reasonable control, the performance of such act shall be excused for the period of delay, and the period for the performance of any such act shall be extended for the period necessary to complete performance after the end of the period of such delay. The party claiming such delay shall advise the other party in writing as soon as the cause for the delay is reasonably known to it, and such notice shall estimate the period of the delay.
Effect on Performance. Unless directed otherwise in writing, Contractor shall not cease or delay performance of its obligations under this Agreement during the existence of any dispute or the pendency of any proceeding to resolve it, and Owner shall pay to Contractor all amounts owing and not subject to dispute or offset.