FORCE MAEJURE Sample Clauses

FORCE MAEJURE. Neither DAI nor Customer shall be in breach of these Standard Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Standard Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control, and in such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non- performance continues for six months the party not affected may terminate these Standard Terms by giving 14 days’ written notice to the other party.

FORCE MAEJURE. 1. An event of force majeure' means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services. 2. The party suffering the event of force majeure shall not be deemed to be in breach of this agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an event of force majeure. 3. If the event of force majeure in question prevails for a continuous period in excess of 3 months after the date on which it began, the other party may give notice to the party suffering the event of force majeure terminating this agreement. The notice to terminate must specify the termination date, which must be not less than 30 clear days after the date on which the notice to terminate is given. Once a notice to terminate has been validly given, this agreement will terminate on the termination date set out in the notice.

FORCE MAEJURE. Neither EFI nor IAR will be liable for loss caused directly or indirectly by government restrictions, exchange or market ruling, suspension of trading, war, strike, interruption of transportation, communications, or data processing services, or other conditions beyond their control.

FORCE MAEJURE. Neither party shall be in default if failure to perform any obligation hereunder is caused solely by supervening conditions (e.g., acts of God) beyond that party's control.

FORCE MAEJURE. In the event of riots, civil commotion or civil unrest, shipping or other transportation strikes within the ROC the deadlines for removal of the assets may be extended until a normal state of affairs is re-established. In the event of the imposition of export ban from Taiwan or import ban from the PRC the parties shall apply best efforts in good faith to establish an alterative arrangement, bearing the additional costs equally.

FORCE MAEJURE. The failure of a party to perform its obligations under this Agreement, shall be excused, in so far as it proves: (A) that the failure was due to an impediment beyond its reasonable control; (B) that it could not reasonably be expected to have taken into account the impediment or event and its effects upon the ability to perform at the time of the execution of this Agreement, and (C) that it could not reasonably have avoided or overcome its effects. (collectively "FORCE MAJEURE"). Force Majeure shall include, without limitation, terrorism, acts of God, fires, war, riots, labor disputes, sabotage, and unusually severe weather, but shall not include material shortages or inability to obtain equipment, components or supplies. The party whose performance is affected by Force Majeure shall give prompt notice to the other party of the date of commencement of the Force Majeure, the nature thereof, and the expected duration; use its best efforts to avoid or remove the Force Majeure to the extent that it is able so to do; and make up, continue on and complete performance when such cause is removed to the extent it is able so to do. In the case of Force Majeure, the contractual time provided for performance or delivery shall be extended for a number of days beyond the initial date of performance or delivery equal to the duration of the event of Force Majeure. In the event any such failure to perform under this Agreement as a result of Force Majeure continues for more than twenty (20) days, the party not affected thereby shall have the right to terminate this Agreement, with immediate effect by written notice sent to the other party pursuant to Section 14.

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FORCE MAEJURE. Either party shall be excused from its performance hereunder to the extent that its performance is prevented by fire, flood, acts of God, strikes or other causes beyond its reasonable control; provided that, the party claiming Force Maejure notifies the other in writing within five (5) days of the commencement of the condition preventing its performance and its intent to rely thereon to extend the time for its performance of this Agreement.

FORCE MAEJURE. In the event of the performance of any obligations by the Company being prevented, delayed or any way interfered with by any Act of God, fire, inclement or exceptional weather conditions, industrial action (whether at the Company’s premises or elsewhere), hostilities, breakdowns, accidents, explosions, shortage of labour, materials, power or other supplied, late delivery or performance or non-delivery or non-performance by suppliers or sub-contractors, governmental order or intervention (whether or not having the force or the law) or any other cause whatever beyond the Company’s control or of an unexpected or exceptional nature the Company may suspend or treat as impossible the performance of any obligation to the Customer without any liability for any loss.