Common use of Force Majeure and Aboriginal Cultural Business Clause in Contracts

Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural Business. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHA. General Review and variation Where this NSHA is to be amended or varied, then this NSHA may only be amended or varied by a document in writing signed by each of the Parties to the agreed amendment or variation.

Appears in 32 contracts

Samples: www.dmp.wa.gov.au, www.dmp.wa.gov.au, dmp.wa.gov.au

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Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural Business. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHA. General Review and variation Where this NSHA is to be amended or varied, then this NSHA may only be amended or varied by a document in writing signed by each of the Parties to the agreed amendment or variation.

Appears in 12 contracts

Samples: Heritage Agreement, Heritage Agreement, Heritage Agreement

Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA PSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently fully describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural BusinessMajeure. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA PSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA PSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHAPSHA. General Review and variation Where this NSHA PSHA is to be amended or varied, then this NSHA PSHA may only be amended or varied by a document in writing signed by each of the Parties to the agreed amendment or variation.

Appears in 2 contracts

Samples: www.dmp.wa.gov.au, dmp.wa.gov.au

Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA NHALG as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural Business. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA NHALG shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA NHALG as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHANHALG. General Review and variation Where this NSHA NHALG is to be amended or varied, then this NSHA NHALG may only be amended or varied by a document in writing signed by each of the Parties to the agreed amendment or variation. Entire agreement Subject to clause 14, this NHALG constitutes the entire agreement between all of the Parties as to its subject matter and, in relation to that subject matter, supersedes any prior understanding or agreement between any of the Parties and any prior condition, warranty, indemnity or representation imposed, given or made by a Party. Governing law and jurisdiction This NHALG is governed by the law applicable in the State of Western Australia. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.

Appears in 1 contract

Samples: walga.asn.au

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Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA GSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently fully describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural BusinessMajeure. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA GSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA GSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHAGSHA. General Review and variation The State and the PBC acknowledge that this GSHA forms part of a framework (set out in the ILUA) for the way in which the State and the Government Parties will do business in the Determination Area after the Effective Date. The PBC acknowledges neither itself nor any individual Government Party is free to vary this GSHA. The State will consider variations to this GSHA as part of the broader review process under the ILUA. Notwithstanding clause 24.1(a), where the ILUA has been de-registered or terminated, the State and the PBC may reach an agreement to vary the terms of this GSHA if it continues under clause 3.2. Where subject to clause 24.1(a) this NSHA GSHA is to be amended or varied, then this NSHA GSHA may only be amended or varied by a document an agreement in writing signed by each of the Parties to the agreed amendment or variation.

Appears in 1 contract

Samples: Agreement

Force Majeure and Aboriginal Cultural Business. If a Party is prevented in whole or in part from carrying out its obligations under this NSHA PSHA as a result of an event of Force Majeure or Aboriginal Cultural Business, it must promptly notify the other Party accordingly. The notice must: specify the obligations it cannot perform; sufficiently fully describe the event of Force Majeure or Aboriginal Cultural Business; estimate the time during which the Force Majeure or Aboriginal Cultural Business will continue; and specify the measures proposed to be adopted to remedy or xxxxx the Force Majeure or the delay caused by the Aboriginal Cultural BusinessMajeure. Following this notice, and while the Force Majeure or Aboriginal Cultural Business continues, this NSHA PSHA shall nevertheless continue and remain in force and effect but the obligations which cannot be performed because of the Force Majeure or Aboriginal Cultural Business will be suspended, and any time limit for performance of those obligations will be extended by the period of the Force Majeure or Aboriginal Cultural Business. The Party that is prevented from carrying out its obligations under this NSHA PSHA as a result of an event of Force Majeure or Aboriginal Cultural Business must take all action reasonably practicable to mitigate any loss suffered by the other Party as a result of its failure to carry out its obligations under this NSHAPSHA. General Review and variation Where this NSHA PSHA is to be amended or varied, then this NSHA PSHA may only be amended or varied by a document in writing signed by each of the Parties to the agreed amendment or variation. Entire agreement This PSHA (together with the Proponent Acceptance Deed (if any)) constitutes the entire agreement between all of the Parties as to its subject matter and, in relation to that subject matter, supersedes any prior understanding or agreement between any of the Parties and any prior condition, warranty, indemnity or representation imposed, given or made by a Party. Governing law and jurisdiction This PSHA is governed by the law applicable in the State of Western Australia. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.

Appears in 1 contract

Samples: www.dmp.wa.gov.au

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