Force Majeure Generally Clause Samples
The Force Majeure Generally clause defines circumstances under which a party is excused from performing contractual obligations due to events beyond their reasonable control, such as natural disasters, war, or government actions. In practice, this clause typically outlines what types of events qualify as force majeure and the procedures parties must follow, such as providing notice or attempting to mitigate the impact. Its core function is to allocate risk by protecting parties from liability when unforeseen, extraordinary events prevent them from fulfilling their contractual duties.
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Force Majeure Generally. Neither Party shall be liable to the other Party for any delay or failure in performance under this Agreement, in whole or in part, if and to the extent such delay or failure is a result of a Force Majeure Event. Subject to the provisions of this Article 13, the term “Force Majeure Event” shall mean any act, event or circumstance, whether of the kind described herein or otherwise, that is not reasonably within the control of the Party claiming Force Majeure, and that prevents or delays in whole or in part such Party’s performance of one or more of its obligations under this Agreement.
Force Majeure Generally. If and to the extent that a Party’s performance of any of its obligations pursuant to this MSA is prevented, hindered, or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, acts of a public enemy, acts of a nation or any state, territory, province or other political division, terrorism, riots, civil disorders, rebellions or revolutions, fires, floods, pandemics, epidemics, theft, quarantine restrictions, freight embargoes, or any other similar cause beyond the reasonable control and without the fault or negligence of such Party (each, a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered, or delayed Party will be excused for such non-performance, hindrance, or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and such Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. Notwithstanding the foregoing, the acts or omissions of a Party’s agents, subcontractors, representatives, suppliers or other third parties providing products or services to such Party will not constitute a Force Majeure Event unless such acts or omissions are themselves the product of a Force Majeure Event.
Force Majeure Generally. The performance of any act by the City or Concessionaire hereunder may be delayed or suspended at any time while, but only so long as, such party is hindered in or prevented from performance of its obligations under this Agreement by a Force Majeure Event, provided, however, if such condition persists for more than one hundred eighty (180) consecutive days, the City and Concessionaire may in their sole discretion renegotiate the terms of this Agreement. If the performance of the contractual obligations is prevented or delayed by an event believed by a party to be a Force Majeure Event, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case later than thirty (30) days from the occurrence of the event, provide notice of (i) of the occurrence of the event believed to be a Force Majeure Event, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure Event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure Event is in fact a Force Majeure Event, and the burden of proof of the occurrence of a Force Majeure Event shall be on the requesting party.
Force Majeure Generally. Except with respect to payment obligations due from one party to the other hereunder, neither party shall be responsible or liable for its failure to perform any obligation hereunder, or be deemed in breach hereof, to the extent such failure to perform is due to the occurrence of an event of "Force Majeure," as that term is defined in Section 14.2 as applicable to such party, provided that:
(a) The non-performing party (i) gives the other party prompt verbal notice of the occurrence and (ii) within forty-eight (48) hours of the beginning of the occurrence or by 5:00 p.m. Central Clock Time on the next Business Day after the beginning of the occurrence, whichever is the later to occur, gives the other party written notice describing the particulars of the occurrence;
(b) The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure;
(c) The non-performing party uses its reasonable efforts to remedy its inability to perform;
(d) When the non-performing party is able to resume performance of its obligations under this Agreement, that party shall give the other party written notice to that effect; and
(e) The Force Majeure was not caused by or connected with any negligent or intentional acts, errors, or omissions, or failure to comply with any law, rule, regulation, order or ordinance by the party invoking the Force Majeure.
Force Majeure Generally. Except with respect to payment obligations due from one party to the other hereunder, neither party shall be responsible or liable for its failure to perform any obligation hereunder, or be deemed in breach hereof, to the extent such failure to perform is due to the occurrence of an event of "Force Majeure," as that term is defined in Section 14.2 as applicable to such party, provided that:
(a) The non-performing party (i) gives the other party prompt verbal notice of the occurrence and (ii) within forty-eight (48) hours of the beginning of the occurrence or by 5:00 p.
Force Majeure Generally. Notwithstanding anything to the contrary in the Lease, all of the terms "force majeure," "force majeure delays," "force majeure events" and "Force Majeure Delays" are hereby amended to be "Force Majeure Delays". As used for all purposes of the Lease, "Force Majeure Delays" shall mean: any preventions, delays or stoppages that are beyond the reasonable control of a party, which preventions, delays and stoppages shall include, but not be limited to, acts or events beyond Landlord's and/or its contractors' control, acts of God, acts of war, terrorism, earthquakes, environmental inspection, testing and remediation, strikes, lockouts, labor disputes, shortages in labor, riots, boycotts, civil commotions, casualties not caused by Landlord or Tenant, discontinuance of any utility or other service required for performance of the work, moratoriums, any governmental delays, including delays by governmental agencies and weather, and the lack of availability or shortage of materials. Notwithstanding anything to the contrary in the Lease, (i) the date for Landlord to commence the rough-grading and demolition work necessary to commence the Warm Shell Improvements and (ii) the Outside Date for "Building B", "Building C" (each as depicted on Exhibit A attached hereto) and Building D (including the extended Outside Date with respect to Building D as set forth in Section 5, above) (the "FM Outside Dates"), shall each be subject to Force Majeure Delays of up to ninety (90) days; provided, however, with respect to the FM Outside Dates, in order for a Force Majeure Delay(s) to extend any of the FM Outside Dates as provided in this Section 6.1, Landlord shall have delivered written notice to Tenant identifying the Force Majeure Delay(s) that have occurred or will occur, and such notice(s) shall be delivered not later than April 1, 2014. Each such Force Majeure Delay(s) contained in a timely delivered notice shall be deemed a "FMD".
Force Majeure Generally