FORCE MAJEURE AND EXCUSABLE DELAY Sample Clauses

FORCE MAJEURE AND EXCUSABLE DELAY. The Parties hereto, respectively, shall not be in default of this Agreement if either is unable to fulfill or is delayed in fulfilling, any of its respective obligations hereunder, or is prevented or delayed from fulfilling its obligations, in spite of its employment of best efforts and due diligence, as a result of natural disasters, unusually severe weather, transportation delays, catastrophic events, casualties to persons or properties, war, governmental preemption in a national emergency, enactment of law, rule or regulation or change in existing laws, rules or national emergency, enactment of law, rule or regulation or change in existing laws, rules or regulations which prevent or adversely affect any Party's ability to perform its respective obligations under this Agreement, or actions by other persons beyond the exclusive control of the Party claiming hindrance or delay, including employees of the other Party, except for the Customer’s obligation to make payments when due. If a Party believes that a hindrance or delay has occurred, it shall give prompt written notice to the other Party of the nature of such hindrance or delay, its effect upon such Party's performance under this Agreement, the action needed to avoid the continuation of such hindrance or delay, and the adverse effects that such hindrance or delay then has or may have in the future on such Party's performance. Notwithstanding notification of a claim of hindrance or delay by one Party, such request shall not affect, impair or excuse the other Party hereto from the performance of its obligations hereunder unless its performance is impossible, impractical or unduly burdensome or expensive in accordance with the terms of this Agreement as set forth in Section 23(c), above, due to unforeseen conditions as determined by the agreement of the Parties including subsurface conditions, or cannot effectively be accomplished without the cooperation of the Party claiming delay or hindrance. The occurrence of such a hindrance or delay may constitute a change in the scope of service, and may result in the need to adjust the Contract Cost in accordance with the terms of this Agreement. In that event, the Agreement must be amended and approved in accordance with Section 19(b) herein. Any decision by the Customer to close or change the use of the facilities or ECMs at the Property shall not constitute a Force Majeure excusing Customer's performance under this Agreement.
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FORCE MAJEURE AND EXCUSABLE DELAY. 120. NASA shall perform the requirements of this Consent Order in the manner and within the time limits set forth herein, unless the performance is prevented or delayed by events which constitute a force majeure. NASA shall have the burden of proving such a force majeure. A force majeure is defined as any event arising from causes beyond the control of NASA, that delays or prevents the performance of any obligation under this Consent Order despite NASA’s best efforts to fulfill the obligation. The requirement that NASA exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force majeure event: (1) as it is occurring, and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. Such events do not include increased costs of performance, changed economic circumstances, reasonably foreseeable weather conditions or weather conditions which could have been overcome by due diligence, or failure to obtain federal, state, or local permits. 121. NASA shall notify EPA, in writing, within seven (7) days after it becomes or should have become aware of any event which NASA claims constitutes a force majeure. Such notice shall
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FORCE MAJEURE AND EXCUSABLE DELAY. 110. “Force majeure and excusable delay,” for purposes of this CAFO, is defined as any event arising from causes beyond the control of Respondent, of any entity controlled by Respondent, or of Respondent’s contractors, that delays or prevents the performance of any obligation under this Consent Agreement despite Respondent’s best efforts to fulfill the obligation. Excusable delay in this CAFO specifically occurs in reference to supply chain issues or lack of product availability in connection with the SEP when Respondent has ordered the emergency equipment within the sixty (60) day time frame from the Effective Date specified in appendix A. The requirement that Respondent exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential force majeure or excusable delay event and best efforts to address the effects of any potential force majeure or excusable delay event (a) as it is occurring and (b) following the potential force majeure or excusable delay, such that the delay and any adverse effects of the delay are minimized. “Force majeure or excusable delay” does not include Respondent’s financial inability to perform any obligation under this Consent Agreement.
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FORCE MAJEURE AND EXCUSABLE DELAY. Aviat Networks shall be excused from performance under this Agreement and not be liable to Customer for delay in performance attributable in whole or in part to any cause beyond its reasonable control (a “Force Majeure event”), including but not limited to, fire, explosion, power blackout, earthquake, flood, lightning strikes, severe weather conditions, strike, embargo, labor disputes, acts of civil or military authority, war, civil disturbance, insurrection, sabotage, terrorism, acts of God, acts of the public enemy, acts of regulatory or governmental agencies, failure or delay in delivery by Aviat Networks’ suppliers or subcontractors, transportation difficulties, shortage of energy, materials, labor or equipment, accident, Customer's fault or negligence or other causes beyond its reasonable control, whether or not similarly to the foregoing. In the event of a Force Majeure event, Aviat Networks shall make reasonable efforts to notify Customer of the nature and extent of such a delay and Aviat Networks (i) will be entitled to a schedule extension on at least a day-for-day basis, (ii) in the event of Customer's fault or negligence, will be also entitled to an equitable adjustment in the price of this contract.
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FORCE MAJEURE AND EXCUSABLE DELAY. 1. NASA shall perform the requirements of this Consent Agreement in the manner and within the time limits set forth herein, unless the performance is prevented or delayed by events which constitute a force majeure. NASA shall have the burden of proving such a force majeure. A force majeure is defined as any event arising from causes not reasonably foreseeable and beyond the control of NASA, which cannot be overcome by due diligence and which delays or prevents performance in the manner or by a date required by this Consent Agreement. Such events do not include increased costs of performance, changed economic circumstances, reasonably foreseeable weather conditions or weather conditions which could have been overcome by due diligence, or failure to obtain federal, state, or local permits.
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FORCE MAJEURE AND EXCUSABLE DELAY. (a) Except for any duty arising under the Agreement to make payments, neither party is responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, fire, flood, strikes, war, epidemics, pandemics, shortage of power, telecommunications or Internet service interruptions or other acts or causes reasonably beyond the control of that party. The party suffering the force majeure event will (i) implement its applicable disaster recovery plan to the extent appropriate and practicable;
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FORCE MAJEURE AND EXCUSABLE DELAY. Supplier will not be liable for any delay or failure in performance hereunder to the extent such delay or failure is due to causes beyond Supplier’s reasonable control and not occasioned by its fault or negligence, including but not limited to, (a) acts of God or the public enemy, embargoes, war, insurrections or riots, fires, floods, explosions, earthquakes or serious accidents, quarantine or other restrictions imposed by any governmental entity, strikes and labor disputes (each a Force Majeure Event); (b) major additional work to be performed on the Part which was not reasonably foreseeable and not occasioned by Supplier;
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FORCE MAJEURE AND EXCUSABLE DELAY. 22.1 Neither Party shall be under any obligation to perform this Agreement or be liable for any delay or any other breach if and to the extent that such delay or other breach is due to extraordinary, unexpected, insurmountable and unavoidable events or circumstances beyond such Party’s control such as but not limited to: Acts of God or the public enemy, war, insurrections or riots, fires, floods, explosions, earthquakes or serious accidents, epidemics or quarantine (“Force Majeure”).
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FORCE MAJEURE AND EXCUSABLE DELAY. 1. Force majeure, for purposes of this Agreement, is defined as any event arising from unforeseen causes and beyond the control of the Facility or any person or entity controlled by the Facility, including but not limited to Addivant's primary contractors, that delays or prevents the timely performance of any obligation under this Agreement despite the Facility's best efforts to fulfill such obligation. The requirement that Addivant exercise "best efforts to fulfill such obligation" shall include, but not be limited to, best efforts to anticipate potential force majeure events that reasonably would be anticipated and address those before, during, and after its occurrence, such that any delay or prevention of performance is minimized to the extent reasonably possible. Force majeure does not include increased costs of the work to be performed under this Agreement, financial inability to complete the work, work stoppages or other labor disputes.
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Related to FORCE MAJEURE AND EXCUSABLE DELAY

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Excusable Delay The Contractor is entitled to an equitable adjustment of time, issued via Change Order, for delays caused by the following:

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Unavoidable Delay When construction is impeded as a result of strikes, lockouts, acts of God or other factors beyond the control, and ability to remedy, of the Developer.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of Contractor.

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event.

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