Force Ma jeure. In the event of “force majeure” (as defined below), Agency may terminate this Agreement without liability to Client, provided Agency refunds all amounts which Client has theretofore paid to Consultant for Services not fully performed. For purposes of the Agreement, “force majeure” means circumstances or occurrences beyond Agency’s reasonable control, whether or not foreseeable at the time of signing this Agreement, in consequence of which Agency cannot reasonably be required to complete the Services or otherwise perform its obligations under this Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, and non-availability of any permits, licenses and/or authorizations required by governmental authority.
Force Ma jeure. Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including acts of the public enemy, civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommuni- cations line failures, electrical outages, network failures, govern- mental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or de- laying in the performance of this Agreement, for so long as such event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within five (5) business days of its occurrence.
Force Ma jeure. The Project Completion Date shall be extended by any enforced delay due to an unforeseeable cause beyond the Developer’s or Adeptus Parties’ control and without either the Developer’s or any Adeptus Party’s fault or negligence, including, but not limited to, weather-related acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, war, blockades, riots, earthquakes, fires, storms, floods, civil disturbances and unusually severe weather conditions not reasonably anticipatable (collectively the “Force Majeure Events”); provided, however, that such excused delay by any of the Force Majeure Events shall be deemed to exist only so long as the Developer or the Adeptus Parties promptly and specifically notify MPT in writing of such delay and exercise due diligence to remove or overcome such delay; and, provided further that such Force Majeure Events shall not excuse, defer or delay any obligation of the Developer or any Adeptus Party involving the payment of money.
Force Ma jeure. Each Party shall be excused from the performance of any of its obligations to the other where such nonperformance is occasioned by any event beyond its control which shall include, without limitation, any applicable order, rule or regulation of any federal, state or local body, agency or instrumentality with jurisdiction, work stoppage, accident, natural disaster, war, acts of terrorism or civil disorder, provided that the Party so excused shall use all reasonable efforts to minimize its nonperformance and overcome, remedy, cure or remove such event as soon as is reasonably practicable, and such performance shall be excused only for so long as, in any given case, the force or circumstances making performance impossible shall exist. Schedule A - Funds Available Under the Contracts, of the Agreement is hereby deleted in its entirety and replaced with the following: SCHEDULE A FUNDS AVAILABLE UNDER THE CONTRACTS AIM V.!. Aggressive Growth Fund AIM V.!. Balanced Fund AIM V.!. Basic Value Fund AIM V.!. Blue Chip Fund AIM V .!. Capital Appreciation Fund AIM V.!. Capital Development Fund AIM V.!. Core Equity Fund AIM V.!. Dent Demographic Trends Fund AIM V.!. Government Securities Fund AIM V.!. Growth Fund AIM V.!. High Yield Fund AIM V.!. International Growth Fund AIM V .I. Large Cap Growth Fund AIM V.!. Mid Cap Core Equity Fund AIM V .I. Money Market Fund AIM V.I. Premier Equity Fund AIM V.x. Real Estate Fund AIM V.I. Small Cap Equity Fund INVESCO VIF - Core Equity Fund INVESCO VIF - Dynamics Fund INVESCO VIF - Financial Services Fund INVESCO VIF - Health Sciences Fund INVESCO VIF - Leisure Fund INVESCO VIF - Small Company Growth Fund INVESCO VIF - Technology Fund INVESCO VIF - Total Return Fund INVESCO VIF - Utilities Fund
Force Ma jeure. The Company shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of the Company which by its nature could not have been foreseen by the Company or, if it could have been foreseen, was unavoidable. For the purposes of this clause this will include, but is not limited to, an act of God, war, strikes, lockouts or other industrial action, difficulties in obtaining labour or parts, government or other restrictions or regulations or other event beyond reasonable control of the Company.
Force Ma jeure. Neither party shall be deemed to be in default of this Agreement if such party is prevented from performing any obligation hereunder for any reason beyond its control, including but not limited to, Act,; of God, war, civil commotion, fire, flood or casualty, labor difficulties, shortages of or inability to obtain labor, materials or equipment, governmental regulations or restrictions, changes in applicable law, denial or loss of government certification, or unusually severe weather. In any such case, the parties agree to negotiate in good faith with the goal of preserving this Agreement and the respective rights and obligations of the parties hereunder, to the extent reasonably practicable. It is agreed that for purposes of this Agreement financial inability shall not be deemed to be a matter beyond a party's reasonable control.
Force Ma jeure. Norton shall not be liable for any delay or failure to carry out or make continuously available the services if such delay or failure is due to any cause beyond the control of Norton including, without limitation, restrictions of law or regulations, terrorism, threat of terrorism, labor disputes, acts of God, telecommunications, network or power failures or interruptions, or mechanical or electronic breakdowns.
Force Ma jeure. If YourMailingListProvider is unable to fulfil any of its obligations towards the User due to force majeure, his obligations shall be suspended during the force majeure situation. Events of force majeure are all circumstances external to YourMailingListProvider’s will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies, of telecommunication networks or of communication systems and viruses.
Force Ma jeure. The Company shall not be liable to the Customer for any failure to carry out its obligations or for any loss or damage suffered by the Customer where such failure or such loss or damage is caused by mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not), any act, regulation or restriction imposed by Government, riot or civil commotion, any act or omission of the Customer, its servants, subcontractors or agents, or any cause beyond the control of the Company.
Force Ma jeure. Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including acts of the public enemy, civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommuni- cations line failures, electrical outages, network failures, govern- mental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or de- laying in the performance of this Agreement, for so long as such event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within five (5) business days of its occurrence. ARBITR ATION. To the fullest extent permitted by law, it is ex- pressly agreed that any controversy or claim arising out of or re- lating to this Agreement (except any claim by us for payment due from you) shall be settled by binding arbitration in Bridgeport, Connecticut, in accordance with the substantive laws of the State of Connecticut (excluding choice of law) and the Commercial Arbitration Rules of the American Arbitration Association. It is fur- ther expressly agreed that judgment upon any award rendered by a single arbitrator may be entered in any court of competent jurisdiction. GOVERNING L AW & VENUE . This Agreement will be gov- erned by and interpreted in accordance with the laws of the State of Connecticut, without giving effect to the principles of conflicts of law. Subject to Section 10, the Parties agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Bridgeport, Connecticut. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.
