Force Majeure Claim Sample Clauses
A Force Majeure Claim clause defines the process by which a party can formally notify the other party that it is unable to fulfill its contractual obligations due to extraordinary events beyond its control, such as natural disasters, war, or government actions. Typically, the clause requires the affected party to provide prompt written notice, detailing the nature of the event and its expected impact on performance. This mechanism protects parties from liability for non-performance caused by unforeseeable events, ensuring fairness and clarity in situations where obligations cannot be met due to circumstances outside anyone's control.
Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided:
(a) the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence;
(b) the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement;
(c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and
(d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected. The following procedure shall apply in the event there occurs a Force Majeure: 36
Force Majeure Claim. Other than the Initial Project Approval Deadline which may not be extended due to an event of Force Majeure, if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided:
(a) the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence;
(b) the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement;
(c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and
(d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
Force Majeure Claim. If SETA is completely or partially prevented to comply with its obligations by virtue of force majeure, as soon as acknowledging the event of force majeure, SETA shall deliver a written notice to the Services Company, including:
15.2.1 A description of the event of Force Majeure;
15.2.2 A description regarding the obligations whose compliance is affected and in consequence describe the services that will be unable to provide;
15.2.3 A description of actions that SETA has taken to mitigate such situation, as well as those proposed to remedy them;
15.2.4 A time estimate during which SETA will be unable to provide all of the Services and comply fully with its obligations under this Contract and by reason of Force Majeure.
15.2.5 An estimate of the costs that OMA will incur in order to remedy the situation and the proposed funding agreements; and
15.2.6 Any other pertinent information related to the event of Force Majeure.
Force Majeure Claim. Suppose the Strategic Partner is completely or partially prevented from complying with its obligations hereunder due to a force majeure event, as soon as acknowledging the event of force majeure. In that case, the Strategic Partner shall deliver a written notice to the Service Company, including:
14.2.1 A description of the Force Majeure event;
14.2.2 A description regarding the obligations whose compliance is affected and as a in consequence thereof describe the services that will be unable to provide;
14.2.3 A description of actions that the Strategic Partner has taken to mitigate such situation, as well as those proposed to remedy them;
14.2.4 A time estimate during which the Strategic Partner will be unable to provide all of the Services and comply fully with its obligations hereunder and because of a Force Majeure event.
14.2.5 An estimate of the costs that Grupo Aeroportuario will incur to remedy the situation and the proposed funding agreements; and
14.2.6 Any other pertinent information related to the event of Force Majeure.
Force Majeure Claim. Subject to Section 8.02(f), if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: the Claiming Party, no more than five (5) Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; the Claiming Party, within five (5) Business Days, of providing Notice of occurrence of the Force Majeure, provides evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and as soon as Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption. ARTICLE sixteen
Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected. The following procedure shall apply in the event there occurs a Force Majeure: The Claiming Party, as soon as reasonably practical, shall give the other Party written Notice describing the particulars of the occurrence; The Claiming Party, within five (5) Business Days of providing Notice of occurrence of the Force Majeure under clause (a) above, shall provide evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; The suspension of performance shall be of no greater scope and of no longer duration than is required by the Force Majeure; The Claiming Party shall use commercially reasonable efforts to remedy its inability to perform as soon as possible. This subsection shall not require the settlement of any strike, walkout, lockout or other labor dispute on terms which, in the sole judgment of the Claiming Party, are contrary to its interest. The Parties agree and understand that the settlement of strikes, walkouts, lockouts or other labor disputes shall be at the sole discretion of the Claiming Party; and As soon as Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
