EXCUSES FOR NONPERFORMANCE. Either Seller or Buyer will be excused from the obligations of this Contract to the extent that performance is delayed or prevented by any circumstance (except financial) reasonably beyond its control or by fire, explosion, mechanical breakdown, strikes or other labor trouble, plant shutdown, unavailability of or interference with the usual means of transporting the Product or compliance with any law, regulation, order, recommendation or request of any governmental authority. [***] [Confidential Treatment Requested]
EXCUSES FOR NONPERFORMANCE. Seller shall not be responsible for nonperformance or delays in performance due to causes beyond Seller's control, including but not limited to the acts or omissions of Buyer, acts of God, strikes or other labor disputes, acts of terror, war, plant shutdowns, voluntary or involuntary compliance with any law, order, regulation, recommendation or request of any governmental authority, inability to obtain fuel, material or parts, delays or unavailability of transportation, breakdowns of machinery or equipment, fires, explosions or accidents. In addition, Seller shall be excused in the event of its inability to obtain raw materials (on a commercially reasonable basis) necessary for manufacturing the Product. Should any such event occur, Seller shall have the right to allocate remaining production and/or supply among its customers as it determines, and Buyer hereby releases Seller from liability for any resulting incomplete fulfillment of any order.
EXCUSES FOR NONPERFORMANCE. Either Shell or Buyer will be excused from its obligations under this Contract (except financial) to the extent that performance is delayed or prevented by any circumstances reasonably beyond its control; or by fire, explosion, mechanical breakdown, strikes or other labor trouble, plant shutdown, riots or other civil disturbances, or voluntary or involuntary compliance with any law, regulation or request of any governmental authority; or by unavailability of or interference with Shell's usual sources of the Product or crude oils or other constituent materials, or the usual means of transporting any of the same, or that shell cannot reasonably acquire access to railroad delivery equipment to deliver Product at Buyer's designation(s). If, due to any of the foregoing reasons, there should be a shortage of any Product from any source, Shell will not be obligated to purchase supplies from any other than its usual sources or to divert supplies in order to perform this Contract and may apportion its available supplies among its contract and non-contract customers and its own internal uses in such manner as it finds fair and reasonable. Quantities of Product consequentially undelivered will be deducted from the applicable remaining quantity obligation unless the parties agree otherwise in writing.
EXCUSES FOR NONPERFORMANCE. Either party hereto shall be excused from its obligations hereunder if its performance thereof is delayed or prevented by any circumstances reasonably beyond such party's control, including, but not limited to, acts of God, fire, explosion, riots, strikes, labor disputes, voluntary or involuntary compliance with any law, order, regulation, recommendation or request of governmental authority.
EXCUSES FOR NONPERFORMANCE. If the manufacture, transportation, delivery or receipt by either party of any material covered hereby is prevented, restricted or interfered with by reason of any event or cause whatsoever beyond the reasonable control of the party so affected, such party shall be excused from making or taking deliveries hereunder to the extent of such prevention, restriction or interference. Except for CUSTOMER’s obligation to make payments for Product delivered hereunder, neither party shall be liable for any failure, or delay in performance caused by circumstances beyond the control of the party affected, including, but not limited to, acts of God, fire, flood, war, accident, labor trouble, shortage of or inability to obtain raw material feed stocks, fuel or energy to manufacture products, shortage of or inability to obtain materials, equipment, or transportation, or compliance with any regulation, direction or request made by governmental authority or person purporting to act thereunder. If, by reason of any such causes, supplies of Product deliverable hereunder or of raw materials or other products from which it is derived from any of Seller’s then-existing sources of supply, are curtailed or cut off, Seller’s obligation hereunder during such curtailment or cessation shall at its option be reduced to the extent necessary in Seller’s judgment to apportion fairly among its customers, whether under contract or not, such Product then in storage and such quantities as may be produced or received in the ordinary course of business from any other source of supply for Seller’s business, and Seller shall not be required to increase its taking from such sources of supply or to purchase such Product or raw materials or other products from which it is derived to replace the supplies so curtailed or cut off. Deficiencies in deliveries hereunder due to any such cause shall be canceled from the Sales Contract with no liability to either party therefore. Deficiencies in deliveries due to any such cause may, at the option of either party, be canceled from the Contract with no liability to either party therefore. Each party agrees to notify the other within ninety (90) days or such shorter period as may be dictated by the relevant circumstances in writing of any decision to terminate, suspend deliveries, or apportion supplies for reasons specified in this paragraph.
EXCUSES FOR NONPERFORMANCE. 10.1 No liability shall result from the delay in performance or nonperformance (other than the obligation to pay for Products shipped) caused by force majeure or circumstances beyond the reasonable control of the party affected, including, but not limited to, Acts of God, fire, flood, war, embargo, any United States or foreign government regulation, direction or request, accident, labor trouble, or shortage of, or inability to obtain material, equipment, or transport.
EXCUSES FOR NONPERFORMANCE. Either Seller or Buyer will be excused from the obligations of this Contract to the extent that performance is delayed or prevented by any circumstance (except financial) reasonably beyond its control or by fire, explosion, mechanical breakdown, strikes or other labor trouble, plant shutdown, unavailability of or interference with the usual means of transporting the Product or compliance with any law, regulation, order, recommendation or request of any governmental authority. In addition, Seller will be so excused in the event it is unable to acquire from its usual sources and on terms it deems to be reasonable, any material necessary for manufacturing the Product. If, because of such circumstances, there should be a shortage of Product from any of Seller’s sources, Shell will not be obligated to purchase Product in order to perform this Contract and may apportion its available Product among all its customers and its own internal uses in such manner as Seller finds fair and reasonable; provided, however, that Seller will not be obligated to apportion or otherwise make available to Buyer Product which Shell obtains by purchase or exchange for their own internal uses. Quantities of Product consequently not shipped will be deducted from the applicable remaining quantity obligation unless the Parties agree otherwise.
EXCUSES FOR NONPERFORMANCE. If Subcontractor is prevented from performing any of its obligations under this Contract by reason of fire, flood, windstorm, earthquake, other acts of God, civil disturbance, riots, order of any court or administrative body (not due to the fault of Subcontractor), or any other cause beyond the control of Subcontractor which is not due to the fault of Subcontractor, Subcontractor may make a claim for extension by notifying Prime’s Representative in writing within twenty-four (24) hours after the beginning of such period of delay. If Prime agrees, in its reasonable discretion, that such cause for delay is beyond Subcontractor’s reasonable control, the time allotted by the Contract for performance of the prevented obligations will be extended one (1) day for each day of delay.
EXCUSES FOR NONPERFORMANCE. Consultant's obligation to perform Services hereunder shall be excused without liability when prevented by strike, act of God, governmental action, accident or any other condition beyond its reasonable control. Consultant agrees to resume performance of Services as soon as practicable following cessation of such condition.
EXCUSES FOR NONPERFORMANCE
