Exception for Failure by Either Party Sample Clauses

Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 10.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances.
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Exception for Failure by Either Party. Neither party will be entitled to the benefits of the provisions of Section 13.1 if and to the extent that its inability to duly perform any obligation hereunder was caused or contributed to by its failure to act in a reasonable and prudent manner under the circumstances. Other Aspects of Force Majeure The obligations of the party relying on Section 13.1 shall be suspended during any period of force majeure. The performance of this Agreement shall be resumed as soon as practicable after force majeure has ceased.
Exception for Failure by Either Party. WCMRC will pay the full charter rate as set out in paragraph (a) of the Charter Rates Schedule for the day the Breakdown occurs. However, if the Vessel is not put in Operating Condition during the day of the Breakdown and the Voyage Charter is not terminated by WCMRC in accordance with Section 11.1, the Vessel Owner will be paid the standby rate as set out in paragraph (b) of the Charter Rates Schedule following the day of the Breakdown until the Vessel is returned to its Home Port. The Vessel Owner is not entitled to any further payments under this Agreement while the Vessel is not in Operating Condition.

Related to Exception for Failure by Either Party

  • Termination by Either Party This Agreement may be terminated upon 60 days written notice without cause or penalty by either the Company (acting through the Conflicts Committee) or the Advisor. The provisions of Articles 1, 10, 12, 13, 15 and 16 shall survive termination of this Agreement.

  • Termination for Material Breach A party may terminate this Agreement immediately upon notice to the other parties if any of the other parties materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party that served the notice may choose to terminate only the affected Services.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement:

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