Common use of Force Majeure Clause in Contracts

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 26 contracts

Samples: Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement, Local Exchange Telecommunications Services Resale Agreement

Force Majeure. Neither A Party shall not be responsible considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to the other Party, if and to the extent it shall be delayed in or prevented from performing or carrying out any delay of the provisions of this Agreement, arising out of or failure from any act, omission, or circumstance by or in performance consequence of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts act of God, acts labor disturbance, sabotage, failure of civil contractors or military authoritysuppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any lawother cause or causes beyond such Party’s reasonable control, including any curtailment, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsregulation, or unusually severe weatherrestriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. If A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by a Party. Any Party claiming a Force Majeure Event event shall occur, use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party affected shall give prompt notice use its best efforts to mitigate the other Party effects of such Force Majeure Event event, remedy its inability to perform, and resume full performance of its obligations hereunder. A Party suffering a Force Majeure event (“Affected Party”) shall notify the other Party (“Non-Affected Party”) in writing (“Notice of Force Majeure Event”) as soon as reasonably practicable specifying the naturecause of the event, date the scope of inception commitments under the Agreement affected by the event, and expected duration a good faith estimate of such the time required to restore full performance. Except for those commitments identified in the Notice of Force Majeure Event, whereupon such obligation or performance the Affected Party shall not be relieved of its responsibility to fully perform as to all other commitments in the Agreement. If the Force Majeure event continues for a period of more than 90 days from the date of the Notice of Force Majeure Event, the Non-Affected Party shall be suspended entitled, at its sole discretion, to terminate the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 26 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement, nyisoviewer.etariff.biz

Force Majeure. Neither 18.1 Failure on the part of the MSO or the LCO to perform any of its obligations, shall not entitle either Party shall be responsible for to raise any delay claim against the other or failure in performance of any part constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If through Force Majeure the fulfilment by either Party of any obligation set forth in this Agreement is delayed, reimbursements the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation made by the Authorities or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the Parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations Force Majeure. If the conditions of Force Majeure to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and continue for a period exceeding one month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the future performance of the original obligation(s) Agreement. If the Parties are unable to agree upon a plan for future performance, then the Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one month from the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECnotice.

Appears in 25 contracts

Samples: Model Interconnection Agreement, Model Interconnection Agreement, Model Interconnection Agreement

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part 12.1 If the fulfilment of this Agreement (other than obligations is delayed or prevented due to make money paymentsthe Force Majeure Events, reimbursements or issue credits) resulting from any cause beyond the reasonable control of party affected by such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such free from any obligation or performance shall be suspended to the extent such Party is affected by such of delay or holdback. Force Majeure Event during refers to any event beyond control of the continuance thereof and/or affected party and unavoidable with reasonable caution, which shall include but not limited to, government acts, nature disasters, fire, explosion, typhoon, flood, earthquake, tidal wave, lightning or war. However, any lack of credit, assets or financing shall not be excused from such performance (deemed as an event beyond control of a Party. The party claiming the Force Majeure and the other Party shall likewise be excused from performance seeking a waiver of its obligations to hereunder shall promptly inform the extent such Party’s obligations related to other party of the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance Force Majeure and the Parties shall give like notice and proceed procedure to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform fulfil its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEChereunder.

Appears in 24 contracts

Samples: Equity Interest Pledge Agreement (SYSWIN Inc.), Equity Interest Pledge Agreement (SYSWIN Inc.), Equity Interest Pledge Agreement (SYSWIN Inc.)

Force Majeure. Neither Party shall be responsible for any delay Any delays in or failure of performance by either party, except in respect of the obligation for payments under this Agreement, shall not constitute default hereunder if and to the extent such delays or failure of performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue creditsare caused solely by occurrence(s) resulting from any cause beyond the reasonable control of the party affected, and which by the exercise of due diligence such Party, Party is unable to prevent (hereinafter referred to as “Force Majeure”) including acts of natureGod or the public enemy, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemicssabotage, war, terrorist actsmobilization, revolution, civil unrest, riots, insurrectionsstrikes, lockouts, fires, explosionsaccidents breakdowns, or floods, earthquakes, nuclear accidents, floods, work stoppages, power blackoutshurricanes, or unusually severe weatherany other natural disaster or governmental actions. If a In any such event, the party claiming Force Majeure Event shall occur, the Party affected shall give prompt notice to notify the other Party party of such the Force Majeure Event specifying event in writing within forty-eight (48) hours of the nature, date commencement of inception and expected duration of such the Force Majeure Eventevent, whereupon such obligation or performance shall be suspended to and within forty-eight (48) hours of the extent such Party is affected by such termination of the Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseevent. In the event said party fails to timely provide either of the above-described notices, such failure shall constitute, without further notice or action, a waiver of the right to claim Force Majeure for such event. If possible, the notice shall set forth the extent and duration thereof. The party claiming Force Majeure shall exercise due diligence to prevent, eliminate or overcome such Force Majeure event where it is possible to do so and resume performance at the earliest possible date. However, if nonperformance continues for more than thirty (30) days, TFC may terminate this Agreement immediately upon written notification to PSP. Changes in the schedule or in the design or scope of the Project as a result of any such excused delay in Force Majeure which affect the performance cost of a Partythe PSP’s obligation(s) services under this Agreement require a written amendment to this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 24 contracts

Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement

Force Majeure. Neither Party shall be responsible for any 10.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure (“Event of Force Majeure”), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected Party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawgeographic change, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, means any unforeseen events beyond the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such prevented Party’s obligations related to the performance so interfered with)reasonable control and cannot be prevented with reasonable care. The affected Party However, any shortage of credit, capital or finance shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the not be regarded as an event of any such excused delay in the performance of beyond a Party’s obligation(s) reasonable control. The Party affected by Force Majeure who claims for exemption from performing any obligations under this Agreement, Agreement or under any Section herein shall notify the due date for the performance other party of such exemption promptly and advice him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 24 contracts

Samples: Equity Interest Pledge Agreement (ATA Inc.), Interest Pledge Agreement (Autohome Inc.), Equity Interest Pledge Agreement (Youku Tudou Inc.)

Force Majeure. Neither Party shall be responsible for any 12.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure (“Event of Force Majeure”), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawtyphoon, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist actsmeans any unforeseen events beyond the prevented party’s reasonable control and cannot be prevented with reasonable care. However, riotsany shortage of credit, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, capital or unusually severe weather. If a Force Majeure Event finance shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall not be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the regarded as an event of any such excused delay in the performance of beyond a Party’s obligation(s) reasonable control. The Pledge effected by Force Majeure who claims for exemption from performing any obligations under this Agreement, Agreement or under any Article herein shall notify the due date for the performance other party of such exemption promptly and advice him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 22 contracts

Samples: Equity Interests Pledge Agreement (Focus Media Holding LTD), Equity Interests Pledge Agreement (Focus Media Holding LTD), Equity Interests Pledge Agreement (Focus Media Holding LTD)

Force Majeure. (1) Neither Party party shall be held responsible for any failure or delay or failure in performance of any part of this Agreement (other than obligations under the Contract to make money payments, reimbursements the extent such failure or issue credits) resulting from any cause delay is caused by an event or circumstance that is beyond the reasonable control of such Partythe affected party and which by its nature could not have been foreseen or avoided (a “Force Majeure Event”). (2) Supplier's economic hardship, including acts labour disputes or changes in market conditions are not considered Force Majeure Events. (3) In the case of naturea Force Majeure Event, acts the affected party shall use all diligent efforts to end and/or minimize the effect of God, acts the failure or delay of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherits performance. (4) If a Force Majeure Event shall occurprevents Supplier from carrying out its obligations under the Contract or any purchase order for a continuous period of more than 10 days, Alaris may terminate the Party affected shall give prompt Contract and any purchase order immediately by giving written notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECSupplier.

Appears in 21 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

Force Majeure. Neither Party shall be responsible liable for any delay public utility performance (e.g., Postal service, telephone or failure in performance water company) or for the consequence of any part of this Agreement (other than obligations to make money payments, reimbursements public utility non-performance. Events or issue credits) resulting from any cause conditions beyond the reasonable control of the Parties, such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrectionsas natural disasters, fires, explosions, earthquakes, nuclear accidents, floods, work stoppageselements, power blackoutstransportation crashes, a pandemic requiring the issuance of a State of Emergency Declaration by the Governor of the Commonwealth of Kentucky, or unusually severe weather. If utility failures shall not be construed as non-performance, nor shall reductions be applied as a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party result of such Force Majeure Event specifying events, provided that CHFS shall have the nature, date of inception and expected duration right to obtain the necessary services elsewhere in the event of such Force Majeure Event, whereupon such obligation or non- performance shall be suspended to by the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance Vendor and the Parties shall give like notice and proceed negotiate in good faith any appropriate offset to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) compensation payable under this Agreement, the due date for the performance of the original obligation(s) Contract. The Vendor shall be extended by a term equal to the time lost by reason of the delay cooperate and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereofshall require that any Sub Vendor cooperate with CHFS in such event. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event The existence of such performance causes of delay or failure by CBT caused by will extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Each Party must inform the other in writing with proof of receipt within five (5) business days of the existence of a force majeure event, CBT agrees to resume performance in event or otherwise waive this right as a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECdefense.

Appears in 20 contracts

Samples: Caring Agreement, chfs.ky.gov, chfs.ky.gov

Force Majeure. Neither Party 32.1 Failure on the part of the IPTV Operator or ZEEL to perform any of its obligations, shall be responsible for not entitle either party to raise any delay claim against the other or failure in performance of any part constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If during Force Majeure the fulfilment by either Party of any obligation set forth in this Agreement is delayed, reimbursements the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation made by the authorities or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations to Force Majeure. If the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause conditions of nonperformance and Force Majeure continue for a period exceeding one (1) month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the future performance of a Party’s obligation(s) under this Agreement. If the Parties are unable to agree upon a plan for future performance, the due date for the performance of the original obligation(s) then this Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one (1) month from the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECnotice.

Appears in 20 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. Neither Party 32.1 Failure on the part of the MSO or ZEEL to perform any of its obligations, shall be responsible for not entitle either party to raise any delay claim against the other or failure in performance of any part constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If during Force Majeure the fulfilment by either Party of any obligation set forth in this Agreement is delayed, reimbursements the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation made by the authorities or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations to Force Majeure. If the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause conditions of nonperformance and Force Majeure continue for a period exceeding one (1) month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the future performance of a Party’s obligation(s) under this Agreement. If the Parties are unable to agree upon a plan for future performance, the due date for the performance of the original obligation(s) then this Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one (1) month from the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECnotice.

Appears in 20 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. Neither Party shall be responsible for any delay or failure in performance Failure on the part of any part the Parties to perform any of its obligations, shall not entitle either to raise any claim against the other or constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If through Force Majeure, reimbursements the fulfilment by either Party of any obligation set forth in this Agreement is delayed, the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the Parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations Force Majeure. If the conditions of Force Majeure to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and continue for a period exceeding one month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the future performance of a Party’s obligation(s) under this Agreement. If the Parties are unable to agree upon a plan for future performance, then the due date for the performance of the original obligation(s) This Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one month from the delay and by date of such notice. Any accrued payment obligation of a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and Party prior to the extent commencement of Force Majeure shall survive the delaying condition was equally applicable termination of this Agreement pursuant to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure.

Appears in 19 contracts

Samples: Carriage Agreement, Carriage Agreement, Carriage Agreement

Force Majeure. Neither Party 32.1 Failure on the part of the DTH Operator or ZEEL to perform any of its obligations, shall be responsible for not entitle either party to raise any delay claim against the other or failure in performance of any part constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If, reimbursements during Force Majeure, the fulfilment by either Party of any obligation set forth in this Agreement is delayed, the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation made by the authorities or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations to Force Majeure. If the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause conditions of nonperformance and Force Majeure continue for a period exceeding one (1) month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the future performance of a Party’s obligation(s) under this Agreement. If the Parties are unable to agree upon a plan for future performance, the due date for the performance of the original obligation(s) then this Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one (1) month from the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECnotice.

Appears in 19 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. Neither Party party shall be responsible for any delay failure to fulfil any term or failure in performance condition of any part of this Agreement (other than obligations the Contract if and to make money payments, reimbursements the extent that fulfilment has been delayed or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If prevented by a Force Majeure Event provided that the affected party notifies the other party on an ongoing basis of the nature, extent, effect and likely duration of the circumstances constituting the Force Majeure Event. The affected party shall occuruse all reasonable endeavours to limit the effect of that delay or prevention on the other party. For the purpose of this Clause 20, “Force Majeure Event” means and shall be limited to: (a) riot, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), acts of terrorism, civil war, rebellion, blockades by local communities, revolution, insurrection of military or usurped power; (b) earthquake, flood, fire, explosion and/or other natural physical disaster, but excluding weather conditions as such, regardless of severity; (c) strikes at a national or regional level or industrial disputes at a national or regional level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors (of any tier) or its suppliers and which affect a substantial or essential portion of the Work; and (d) any local or other governmental authority action or inaction affecting any licences, permits, temporary permits, authorisations or approvals required by Company for its operations, but in each case only to the extent such events are: (i) not within the control of the party in question; (ii) unavoidable notwithstanding the reasonable care of, or the taking of reasonable steps by the party affected; and (iii) are not the result of any failure of the affected party to carry out any of its obligations under the Contract or any negligence of such party or, where Contractor is the affected party, of any Subcontractors. Following notification of a Force Majeure Event in accordance with this Clause 20, the Party affected parties shall give prompt notice meet at appropriate intervals to agree on a mutually acceptable course of action to minimise the other Party impact and effects of such Force Majeure Event specifying on the nature, date parties. Upon cessation of inception and expected duration of such a Force Majeure Event, whereupon such obligation or performance the affected party shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from forthwith resume full performance of its obligations under the Contract, taking into account Company’s operational requirements. Company shall have the right to terminate all or any part of the extent such Party’s obligations related Work or the Contract at any time by notice to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In Contractor in the event of any Force Majeure Event continues, or it is obvious that it will continue, for more than seven (7) days, provided that Contractor shall not be entitled to any payment in connection with any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECtermination.

Appears in 18 contracts

Samples: www.repsol.com, www.repsol.com, www.repsol.com

Force Majeure. Neither If by reason of Force Majeure either Party shall be responsible for rendered unable, wholly or in part, to carry out its responsibility under this contract by any delay or failure in performance occurrence by reason of any part of this Agreement (Force Majeure, then the Party unable to carry out its responsibility shall give the other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control Party notice and full particulars of such Force Majeure in writing within a reasonable time after the occurrence of the event, and such notice shall suspend the Party’s responsibility for the continuance of the Force Majeure claimed, including acts of nature, but for no longer period. Force Majeure means acts of God, floods, hurricanes, tropical storms, tornadoes, earthquakes, or other natural disasters, acts of civil or military authoritya public enemy, any lawacts of terrorism, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist actssovereign conduct, riots, insurrectionscivil commotion, firesstrikes or lockouts, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, and other causes that are not occasioned by either Party’s conduct which by the exercise of due diligence the Party affected shall give prompt notice is unable to the other Party of such Force Majeure Event specifying the nature, date of inception overcome and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform which substantially interferes with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 17 contracts

Samples: Professional Services Agreement, Service Agreement, Professional Services Agreement

Force Majeure. Neither Party shall be responsible for any delay liable to the other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected. The Party affected by such circumstances shall give prompt notice to promptly notify the other Party of in writing when such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation circumstances cause a delay or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations where they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4) weeks or more the non- affected Party shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Party.

Appears in 17 contracts

Samples: Clinical Trial Agreement, Clinical Trial Agreement, Clinical Trial Agreement

Force Majeure. Neither Party 32.1 The Supplier shall not be responsible liable for any forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that its delay or failure in performance or other failure to perform its obligations under the Contract is the result of any an event of Force Majeure.32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to negligence or lack of care on the part of this Agreement (other than obligations to make money paymentsthe Supplier. Such events may include, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of naturebut not be limited to, acts of Godthe Procuring Entity in its sovereign capacity, acts of civil wars or military authorityrevolutions, any lawfires, order, regulation or ordinance of any government or legal body, embargoesfloods, epidemics, warquarantine restrictions, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherand freight embargoes. 32.3 If a Force Majeure Event shall occursituation arises, the Party affected Supplier shall give prompt notice to promptly notify the other Party Procuring Entity in writing of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (condition and the other Party shall likewise be excused from performance of its obligations to cause thereof. Unless otherwise directed by the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay Procuring Entity in the performance of a Party’s obligation(s) under this Agreementwriting, the due date for the performance of the original obligation(s) Supplier shall be extended by a term equal continue to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused not prevented by the force majeure Force Majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 16 contracts

Samples: Framework Contract, www.rongovarsity.ac.ke, www.tenderskenya.co.ke

Force Majeure. Neither Party 32.1 Failure on the part of the HITS Operator or ZEEL to perform any of its obligations, shall be responsible for not entitle either party to raise any delay claim against the other or failure in performance of any part constitute a breach of this Agreement (other than obligations to make money paymentsthe extent that such failure arises from an event of Force Majeure. If during Force Majeure the fulfilment by either Party of any obligation set forth in this Agreement is delayed, reimbursements the period of such delay shall not be taken into account in computing periods prescribed by this Agreement. Force Majeure will include act of god, earthquake, tides, storm, flood, lightening, explosion, fire, sabotage, quarantine, epidemic, arson, civil disturbance, terrorist attack, war like situation, or issue credits) resulting from enactment of any cause law or rules and regulation made by the authorities or revocation of registration of the Parties any circumstances beyond the reasonable control of such Party, including acts the Parties herein that directly or indirectly hinders or prevents either of nature, acts the Parties from commencing or proceeding with the consummation of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe transactions contemplated hereby. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and event shall promptly notify the other Party of the occurrence of such event. It is agreed between the parties that lack of funds shall likewise not in any event constitute or be excused from performance considered an event of its obligations to Force Majeure. If the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause conditions of nonperformance and Force Majeure continue for a period exceeding one (1) month, the Parties shall give like notice and proceed meet to perform with dispatch once decide upon the causes are removed or cease. In the event of any such excused delay in the future performance of a Party’s obligation(s) under this Agreement. If the Parties are unable to agree upon a plan for future performance, the due date for the performance of the original obligation(s) then this Agreement shall be extended by a term equal terminated upon notice of either Party to the time lost by reason other, on expiry of one (1) month from the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECnotice.

Appears in 16 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. Neither No Party shall be responsible liable to any other Party or be deemed to have breached or defaulted under this Agreement for any failure or delay or failure in the performance of any part of its obligations under this Agreement (other than obligations for the payment of money) for the time and to make money payments, reimbursements the extent such failure or issue credits) resulting delay is caused by or results from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of earthquake, riot, civil or military authoritycommotion, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemicsterrorism, war, terrorist actsstrikes or other labor disputes, riotsfire, insurrectionsflood, firesfailure or delay of transportation, explosionsomissions or delays in acting by a governmental authority, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, acts of a government or unusually severe weatheran agency thereof or judicial orders or decrees or restrictions or any other like reason which is beyond the control of the respective Party. If a Force Majeure Event shall occur, the The Party affected by force majeure shall give prompt notice to provide the other Party with full particulars thereof as soon as it becomes aware of such Force Majeure Event specifying the nature, date same (including its best estimate of inception the likely extent and expected duration of such Force Majeure Eventthe interference with its activities), whereupon such obligation or performance and shall be suspended use Commercially Reasonable Efforts to overcome the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (difficulties created thereby and the other Party shall likewise be excused from to resume performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance hereunder as soon as practicable, and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the time for performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by for a term number of days equal to the time lost by reason duration of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECmajeure.

Appears in 16 contracts

Samples: License Agreement (Tg Therapeutics, Inc.), License Agreement (Tg Therapeutics, Inc.), License Agreement (Apricus Biosciences, Inc.)

Force Majeure. Neither Party shall will be responsible liable for any delay in performing or failure in performance to perform any of any part of its obligations under this Agreement (if such delay or failure is caused by force majeure, such as civil disorder, military action, natural disaster and other than obligations to make money payments, reimbursements or issue credits) resulting from any cause circumstances which are beyond the reasonable control of the Party in question. In such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occurevent, the Party affected shall will give prompt immediate notice in writing to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration existence of such Force Majeure Event, whereupon such obligation cause or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (event and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason likelihood of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECdelay.

Appears in 15 contracts

Samples: Construction Agreement, Contract Agreement, iom.org.ua

Force Majeure. Neither In the event either Party is rendered unable, wholly or in part, by Force Majeure to carry out its obligations under this Agreement, other than to make payments then or thereafter due hereunder, it is agreed that on such Party giving notice and full particulars of such Force Majeure in writing to the other Party as soon as possible after the occurrence of the cause relied on, then the obligations of the Party giving such notice, so far as they are affected by such Force Majeure, shall be responsible for any delay or failure in performance suspended during the continuance of any part inability so caused but for no longer period, and such cause shall as far as possible be remedied with all reasonable and diligent dispatch by the Party claiming such in order to put itself in a position to carry out its obligations under this Agreement. The term “Force Majeure” shall mean any causes, whether of this Agreement (other than obligations to make money paymentsthe kind herein enumerated or otherwise, reimbursements or issue credits) resulting from any cause beyond not within the reasonable control of the Party claiming suspension and which by the exercise of due diligence such PartyParty could not have prevented, including acts of nature, acts any act of God, acts of civil any act or military authority, any law, order, regulation or ordinance omission of any government or legal bodyauthority, embargoesexplosions, epidemicsfire, riot, war, terrorist actsand in CCI’s case, riotsits need for the Work being reduced. Specifically excluded from the definition of Force Majeure is: (a) any labor strike, insurrections, fires, explosions, earthquakes, nuclear accidents, floodslabor dispute, work stoppages, power blackoutsboycotts, walkouts and other labor difficulties or unusually severe weather. If a Force Majeure Event shall occurshortages resulting therefrom; (b) the inability to obtain labor, equipment or other materials or supplies for the Party affected shall give prompt notice Work; (c) changes in market conditions; (d) failure to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation timely apply for permits or performance shall be suspended approvals; or (e) any act or event to the extent such Party is affected by such resulting from the fault or negligence of any person claiming Force Majeure Event during Majeure, or the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance financial inability of any person to perform its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 15 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Force Majeure. Neither 13.1 Except as otherwise specifically provided in this Agreement, neither Party shall be responsible liable for any delay delays or failure failures in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause acts or occurrences beyond the reasonable control of such Party, including acts regardless of naturewhether such delays or failures in performance were foreseen or foreseeable as of the date of this Agreement, including, without limitation: fire, explosion, power failure, acts of God, war, revolution, civil commotion, or acts of civil public enemies; or military authoritylabor unrest, including, without limitation strikes, slowdowns, picketing or boycotts or delays caused by the other Party or by other service or equipment vendors; or any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherother similar circumstances beyond the Party's reasonable control. If a Force Majeure Event shall occurIn such event, the Party affected shall give shall, upon giving prompt notice to the other Party of such Force Majeure Event specifying the natureParty, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance on a day-to-day basis to the extent of such interference (and the other Party shall likewise be excused from performance of its obligations on a day-for-day basis to the extent such Party’s 's obligations related relate to the performance so interfered with). The affected Party shall use its reasonable commercial efforts to avoid or remove the cause of nonperformance and the both Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In Notwithstanding anything herein to the event of contrary, if any such excused delay in the performance of a Party’s obligation(sor nonperformance described herein exceeds thirty (30) under this Agreementdays, the due date Party owed such performance, will have the right (but not the obligation) to terminate this Agreement without penalty or liability other than for the performance amounts owed as of the original obligation(s) shall date of termination. Such termination must be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECwriting.

Appears in 15 contracts

Samples: Agreement, Agreement, Agreement

Force Majeure. Neither Party shall be responsible for any delay liable to the other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected. The Party affected by such circumstances shall give prompt notice to promptly notify the other Party of in writing when such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation circumstances cause a delay or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations where they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4) weeks or more the non-affected Party shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Party.

Appears in 14 contracts

Samples: Investigation Agreement, www.ukcrc.org, www.abhi.org.uk

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay Party being rendered unable, wholly or in part, by a Force Majeure event from performing its obligations under any of the performance Master Agreements, Services and Secondment Agreement or this Agreement for a period of a Party’s obligation(smore than thirty (30) under this Agreementconsecutive days, then, upon the delivery of notice and full particulars of the Force Majeure event relied on (“Force Majeure Notice”) to the other affected Party(ies), the due date for the performance obligations of the original obligation(s) Parties, so far are they are affected by the Force Majeure event, shall be extended by a term equal to suspended during the time lost by reason continuance of any inability so caused. The cause of the delay and by a Force Majeure event shall, as far as possible, be remedied with all reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsdispatch, the delaying except that no Party shall perform be compelled to resolve any strikes, lockouts or other industrial disputes other than as it shall determine to be in its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECbest interests.

Appears in 14 contracts

Samples: Omnibus Agreement (HollyFrontier Corp), Omnibus Agreement (HollyFrontier Corp), Omnibus Agreement (HollyFrontier Corp)

Force Majeure. Neither Party shall be responsible for any delay Any delays in or failure by a Party hereto in the performance of any part of this Agreement (other than obligations hereunder if and to make money payments, reimbursements the extent it is caused by the occurrences or issue credits) resulting from any cause circumstances beyond the reasonable control of such Party’s reasonable control, including acts of naturebut not limited to, acts of God, acts of civil fire, strikes or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist actsother labor disturbances, riots, insurrectionscivil commotion, fireswar (declared or not) sabotage, explosionsany other causes, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weathersimilar to those herein specified which cannot be controlled by such Party. If a Force Majeure Event shall occur, the The Party affected by such events shall give prompt notice to promptly inform the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration occurrence of such Force Majeure Event, whereupon such obligation or performance events and shall be suspended to furnish proof of details of the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (occurrence and the other Party shall likewise be excused from reasons for its non-performance of whole or part of this Agreement. The parties shall consult each other to decide whether to terminate this Agreement or to discharge part of the obligations of the affected Party or extend its obligations to the extent such Partyon a best effort and on an arm’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEClength basis.

Appears in 13 contracts

Samples: Model Lease Agreement, Murabaha Facility Agreement, Model Murabaha Facility Agreement

Force Majeure. Neither Party shall be responsible for any delay or failure in 12.1 In case the performance of any part of this Agreement (other than obligations to make money paymentsis delayed or prevented by any force majeure event, reimbursements the Party so affected may not assume any liability under this Agreement for such performance so delayed or issue credits) resulting from prevented. Force majeure event means any cause event that is beyond the one Party’s reasonable control and whose occurrence is unavoidable and unpreventable regardless of such Partyreasonable care of the Party so affected, including acts but not limited to government act, act of nature, acts of Godfire, acts of civil explosion, geographic change, storm, flood, earthquake, tide, lightning or military authoritywar. However, any lawshortage of credit, order, regulation capital or ordinance of financing shall not be deemed as the event beyond one Party’s reasonable control. The affected Party seeking for exemption from performing any government obligations under this Agreement or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event under any Article hereof shall occur, the Party affected shall give prompt notice to notify the other Party of such Force Majeure Event specifying the nature, date of inception exemption promptly and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and advise the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall actions to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 12 contracts

Samples: Share Pledge Agreement (Tom Online Inc), Share Pledge Agreement (Tom Online Inc), Share Pledge Agreement (Tom Online Inc)

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part For the purpose of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause contract “Force Majeure” means an event which is beyond the reasonable control of a party and which makes a party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, War, Riots, Storm, Flood or other industrial actions (except where such Partystrikes, including acts lockouts or other industrial are within the power of naturethe party invoking Force Majeure), acts of God, acts of civil confiscation or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. other action by Government agencies.If a Force Majeure Event situation arises, The Contractor shall, by written notice served on The Purchaser, indicate such condition and the cause thereof. Unless otherwise directed by The Purchaser in writing, The Contractor shall occurcontinue to perform under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such event.Force Majeure Eventshall not include (i) any event which is caused by the negligence or intentional action of a Party or Agents or Employees, whereupon such obligation nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or performance shall be suspended to overcome in the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance carrying out of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party here under.Force Majeure shall use its reasonable efforts to avoid or remove the cause not include insufficiency of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay funds or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECmake any payment required hereunder.

Appears in 11 contracts

Samples: www.uhs.edu.pk, www.uhs.edu.pk, uhs.edu.pk

Force Majeure. Neither No Party shall be responsible for liable to any delay other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other affected. The Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other Parties in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4)] weeks or more the non- affected Parties shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Parties.

Appears in 11 contracts

Samples: Tripartite Clinical Trial Agreement, Tripartite Clinical Trial Agreement, Tripartite Clinical Trial Agreement

Force Majeure. Neither No Party shall will be held responsible for any delay to the other Party nor be deemed to be in default under, or failure in performance breach of any part provision of, this Agreement for failure or delay in performing any obligation of this Agreement (other than obligations when such failure or delay is due to make money paymentsforce majeure, reimbursements and without the fault or issue credits) resulting from any negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure means a cause beyond the reasonable control of such a Party, including acts of nature, which may include acts of God; acts, acts of civil regulations, or military authority, any law, order, regulation or ordinance laws of any government government; war; terrorism; civil commotion; fire, flood, earthquake, tornado, tsunami, explosion or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, storm; pandemic; epidemic and failure of public utilities or unusually severe weathercommon carriers. If a Force Majeure Event shall occur, In such event the Party affected shall give prompt notice to so failing or delaying will immediately notify the other Party of such Force Majeure Event specifying inability and of the nature, date of inception and period for which such inability is expected duration of to continue. The Party giving such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or notice will be excused from such performance (and the other Party shall likewise be excused from performance of its obligations under this Agreement as it is thereby disabled from performing for so long as it is so disabled for up to a maximum of 90 days, after which time the Parties will negotiate in good faith any modifications of the terms of this Agreement that may be necessary to arrive at an equitable solution, unless the Party giving such notice has set out a reasonable timeframe and plan to resolve the effects of such force majeure and executes such plan within such timeframe. To the extent such Party’s obligations related to the performance so interfered with). The affected possible, each Party shall will use its reasonable efforts to avoid or remove minimize the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event duration of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECmajeure.

Appears in 11 contracts

Samples: Option and License Agreement (Ionis Pharmaceuticals Inc), Research Collaboration, Option and License Agreement (Isis Pharmaceuticals Inc), Development, Option and License Agreement (Isis Pharmaceuticals Inc)

Force Majeure. Neither Party shall will be responsible for any delay or failure deemed in performance of any part default of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from that performance of its obligations or attempts to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid cure any breach are delayed or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of material or supplies or any other cause reasonably beyond the delay control of such party (“Force Majeure”), provided that such Party gives the other Party written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof, and by a reasonable amount of time required uses its diligent, good faith efforts to reconstruct network infrastructure or of cure the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operationsbreach. In the event of such a Force Majeure, the time for performance delay or failure by CBT caused by cure will be extended for a period equal to the force majeure event, CBT agrees to resume performance duration of the Force Majeure but not in a nondiscriminatory manner, and CBT agrees not to favor its own restoration excess of Telecommunications Services above that of CLECsix (6) months.

Appears in 10 contracts

Samples: Fig Revenue Sharing Agreement (Fig Publishing, Inc.), Fig Revenue Sharing Agreement (Fig Publishing, Inc.), Fig Revenue Sharing Agreement (Fig Publishing, Inc.)

Force Majeure. Neither Party shall will be responsible for any delay or failure deemed in performance of any part default of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from that performance of its obligations or attempts to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid cure any breach are delayed or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of material or supplies or any other cause reasonably beyond the delay control of such party (“Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof, and by a reasonable amount of time required uses its diligent, good faith efforts to reconstruct network infrastructure or of cure the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operationsbreach. In the event of such a Force Majeure, the time for performance delay or failure by CBT caused by cure will be extended for a period equal to the force majeure event, CBT agrees to resume performance duration of the Force Majeure but not in a nondiscriminatory manner, and CBT agrees not to favor its own restoration excess of Telecommunications Services above that of CLECsix (6) months.

Appears in 10 contracts

Samples: Publishing License Agreement (Fig Publishing, Inc.), Publishing License Agreement (Fig Publishing, Inc.), Fig License Agreement (Fig Publishing, Inc.)

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part For the purposes of this Agreement (other than obligations to make money paymentsAgreement, reimbursements or issue credits) resulting from “Force Majeure” shall mean any cause beyond the reasonable control of event which a Party hereto could not foresee, such Partyas fire, including acts of natureflood, acts of GodGod or public enemy, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosionsInternet failures, earthquakes, nuclear accidentsgovernmental or court order, floodsnational emergency, work stoppagesstrikes or labor disputes, power blackouts, the effect of which it could not reasonably prevent or unusually severe weatherpredict and which renders impossible or impractical the performance of contractual obligations either totally or in part. If The Party invoking a Force Majeure Event shall occur, the Party affected shall give prompt notice to notify the other Party within three (3) business days of such its occurrence by accurately describing all the circumstances of the situation involved and its effect upon the performance of its contractual obligations. The taking place of a Force Majeure Event specifying shall have the nature, date effect of inception and expected duration suspending the obligations of such Force Majeure Event, whereupon such obligation or performance shall be suspended the Party which has invoked the provisions of this Section to the extent such Party is obligations are affected by such the Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with)Majeure. The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) Contractual dates shall be extended by for a term period equal to the time lost duration of a Force Majeure. The cessation of a Force Majeure shall be communicated by reason notice within three (3) business days of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused occurrence by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above Party that of CLECinvoked it.

Appears in 10 contracts

Samples: Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)

Force Majeure. Neither Party shall be responsible for any 10.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure (“Event of Force Majeure”), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected Party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawgeographic change, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, means any unforeseen events beyond the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such prevented Party’s obligations related to the performance so interfered with)reasonable control and cannot be prevented with reasonable care. The affected Party However, any shortage of credit, capital or finance shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the not be regarded as an event of any such excused delay in the performance of beyond a Party’s obligation(s) reasonable control. The Party affected by Force Majeure who claims for exemption from performing any obligations under this Agreement, Agreement or under any Section herein shall notify the due date for the performance other party of such exemption promptly and advise him/her of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 10 contracts

Samples: Interest Pledge Agreement (Autohome Inc.), Interest Pledge Agreement (Autohome Inc.), Interest Pledge Agreement (Autohome Inc.)

Force Majeure. Neither Party Each party shall be responsible excused from performance for any delay period and to the extent that it is prevented from performing any obligation or failure service, in performance whole or in part, as a result of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause causes beyond the reasonable control and without the fault or negligence of such Party, including party. Such acts of nature, shall include without limitation acts of God, strikes, lockouts, riots, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoeswar, epidemics, wargovernmental regulations superimposed after the fact, terrorist acts, riots, insurrections, fires, explosionsfire, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance natural disasters (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with“force majeure events”). The affected Party When such a cause arises, Contractor shall use its reasonable efforts to avoid or remove notify CAW immediately in writing of the cause of nonperformance its inability to perform, how it affects its performance, and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance anticipated duration of the original obligation(s) inability to perform. Delays in delivery or in meeting completion dates due to force majeure events shall be extended by automatically extend such dates for a term period equal to the time lost by reason duration of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by such events, unless CAW determines it to be in its best interest to terminate the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECContract.

Appears in 10 contracts

Samples: Business Plan, carkw.com, carkw.com

Force Majeure. Neither In case performance of any terms or provisions hereof shall be delayed or prevented, in whole or in part, because of or related to compliance with any Law or requirement of any national securities exchange, or because of riot, war, public disturbance, strike, labor dispute, fire, explosion, storm, flood, earthquake, pandemic, shortage of necessary equipment, materials or labor, or restrictions thereon or limitations upon the use thereof, delays in transportation, act of God or act of terrorism, in each case, that is not within the control of the Party whose performance is interfered with and which, by the exercise of reasonable diligence, such Party is unable to prevent, or for any other reason which is not within the control of such Party whose performance is interfered with and which, by the exercise of reasonable diligence, such Party is unable to prevent (each, a “Force Majeure Event”), then, upon prompt written notice stating the date and extent of such interference and the cause thereof by such Party to the other Party, such Party shall be responsible for any delay or failure in performance of any part of this Agreement (other than excused from its obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond hereunder during the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of period such Force Majeure Event specifying or its effects continue, and no liability shall attach against either Party on account thereof; provided, however, that the nature, date Party whose performance is interfered with promptly resumes the required performance upon the cessation of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other or its effects. No Party shall likewise be excused from performance of its obligations if such Party fails to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its commercially reasonable efforts to avoid or remedy the situation and remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance effects of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure Event.

Appears in 10 contracts

Samples: Transition Services Agreement (Resideo Technologies, Inc.), Transition Services Agreement (Garrett Motion Inc.), Transition Services Agreement (Garrett Motion Inc.)

Force Majeure. Neither No Party shall be responsible for liable to any delay other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other affected. The Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other Parties in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4)] weeks or more the non-affected Parties shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Parties.

Appears in 9 contracts

Samples: Tripartite Clinical Trial Agreement, Tripartite Clinical Trial Agreement, www.abpi.org.uk

Force Majeure. Neither Party shall be responsible for any delay or failure delays in delivery nor failures in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) directly resulting from any cause acts or omissions beyond the reasonable control of such Party provided such is without the fault or negligence of said Party, including . Such acts shall include acts of natureGod or of the public enemy, strikes (and labour disruptions), riots, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist actsgovernmental regulations enacted after the fact, riotsfire, insurrectionsflood, fireslasting communication line failures, explosionslasting power failures, earthquakes, nuclear accidentsor other disasters, floods, work stoppages, power blackouts, or unusually severe weather(each a “Force Majeure Event”). If Upon the occurrence of a Force Majeure Event shall occurEvent, the Party whose performance is affected shall give prompt immediately notify the other Party of the nature and extent of such condition. The suspension of performance shall be of no greater scope and of no longer duration than is required by the relevant Force Majeure Event and during the suspension CPR will be under no obligation to make payments to a Supplier. Moreover, should the Force Majeure Event(s) persist for more than five (5) Business Days, in addition to any other remedies available to CPR, at any time CPR may terminate the Contract immediately upon written notice to the other Party of such Force Majeure Event specifying the natureParty, date of inception and expected duration of such Force Majeure Eventwithout cost, whereupon such obligation penalty or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECliability.

Appears in 9 contracts

Samples: Master Information Technology Services and Materials Agreement, Master Information Technology Services and Materials Agreement, Master Information Technology Services and Materials Agreement

Force Majeure. Neither 16.1 If a Party shall be responsible for is rendered unable by an event of Force Majeure to perform in whole or in part any delay obligation or failure in performance of any part condition of this Agreement (other than obligations to make money paymentsthe “Affected Party”), reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event it shall occur, the Party affected shall give prompt notice not be liable to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon to perform such obligation or performance shall be suspended condition (except for payment and indemnification obligations) for so long as the event of Force Majeure exists and to the extent such Party that performance is affected hindered by such event of Force Majeure Event during Majeure; provided, however, that the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Affected Party shall use its any commercially reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in Force Majeure. During the period that performance by the Affected Party of a part or whole of its obligations has been suspended by reason of an event of Force Majeure, the other Party (the “Non-Affected Party”) likewise may suspend the performance of all or a Party’s obligation(s) under this Agreement, the due date for the performance part of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and its obligations to the extent the delaying condition was equally applicable to its own operationsthat such suspension is commercially reasonable, except for any payment and indemnification obligations. The Parties acknowledge that if, as a result of a Force Majeure, the delaying Party shall perform Company were to suspend its obligations at receipt and/or processing of Crude Oil, then Aron would be entitled to suspend, to a performance level no less than that which it uses for comparable extent, its own operations. In the event purchasing of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECProducts.

Appears in 9 contracts

Samples: Supply and Offtake Agreement (Delek US Holdings, Inc.), Supply and Offtake Agreement (Delek US Holdings, Inc.), Supply and Offtake Agreement (Alon USA Energy, Inc.)

Force Majeure. Neither Party shall be responsible for any 12.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure ("Event of Force Majeure"), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawtyphoon, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist actsmeans any unforeseen events beyond the prevented party's reasonable control and cannot be prevented with reasonable care. However, riotsany shortage of credit, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, capital or unusually severe weatherfinance shall not be regarded as an event beyond a Party's reasonable control. If a The Pledgeeffected by Force Majeure Event who claims for exemption from performing any obligations under this Agreement or under any Article herein shall occur, the Party affected shall give prompt notice to notify the other Party party of such Force Majeure Event specifying the nature, date of inception exemption promptly and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance advice him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 9 contracts

Samples: Equity Interests Pledge Agreement (Linktone LTD), Equity Interests Pledge Agreement (Linktone LTD), Equity Interests Pledge Agreement (Linktone LTD)

Force Majeure. Neither Party shall be responsible for "Force Majeure Event" means fire, flood, earthquake, elements of nature or acts of God, wars, riots, civil disorders, rebellions or revolutions, acts of terrorism or any delay or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any similar cause beyond the reasonable control of such Partythe Party except to the extent that the non-performing Party is at fault in failing to prevent or causing the default or delay, including acts and provided that the default or delay cannot reasonably be circumvented by the non-performing Party through the use of naturealternate sources, acts of Godworkaround plans or other means. A strike, acts of civil lockout or military authoritylabor dispute shall not excuse either Party from its obligations under this Contract. Except as set forth in this Section, any law, order, regulation failure or ordinance delay by a Party in the performance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If its obligations under this Contract arising from a Force Majeure Event shall occur, is not a default under this Contract or grounds for termination. The non-performing Party will be excused from performing those obligations directly affected by the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to and only for as long as the extent such Party is affected by such Force Majeure Event during continues, provided that the continuance thereof and/or Party continues to use diligent, good faith efforts to resume performance without delay. The occurrence of a Force Majeure Event affecting Contractor's representatives, suppliers, subcontractors, customers or business apart from this Contract is not a Force Majeure Event under this Contract. Contractor will promptly notify the State of any delay caused by a Force Majeure Event (to be excused from such performance (and the other Party shall likewise be excused from performance of its obligations confirmed in a written notice to the extent such Party’s obligations related to State within one (1) day of the performance so interfered with)inception of the delay) that a Force Majeure Event has occurred, and will describe in reasonable detail the nature of the Force Majeure Event. The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of If any such excused Force Majeure Event results in a delay in the Contractor's performance of a Party’s obligation(slonger than forty-eight (48) under this Agreementhours, the due date State may, upon notice to Contractor: (a) cease payment of the fees for the affected obligations until Contractor resumes performance of the original obligation(saffected obligations; or (b) shall be extended by immediately terminate this Contract or any purchase order, in whole or in part, without further payment except for fees then due and payable. Contractor will not increase its charges under this Contract or charge the State any fees other than those provided for in this Contract as the result of a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure Event.

Appears in 9 contracts

Samples: www.tn.gov, www.tn.gov, www.bidnet.com

Force Majeure. Neither Party (nor any Person acting on its behalf) shall be responsible have any liability or responsibility for failure to fulfill any delay or failure in performance of any part of this Agreement obligation (other than obligations to make money paymentsa payment obligation) under this Agreement so long as, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent to which, the fulfillment of such obligation is prevented, frustrated, hindered or delayed as a consequence of circumstances of Force Majeure; provided that such Party is affected by (or such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party Person) shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its have exercised commercially reasonable efforts to avoid or remove minimize the cause effect of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseForce Majeure on its obligations. In the event of any an occurrence of a Force Majeure, the Party whose performance is affected thereby shall give notice of suspension as soon as reasonably practicable to the other stating the date and extent of such excused delay in suspension and the cause thereof, and such Party shall resume the performance of such obligations as soon as reasonably practicable after the removal of such cause. For purposes of this Agreement “Force Majeure” means with respect to a Party’s obligation(s, an event beyond the control of such Party (or any Person acting on its behalf), which by its nature could not have been reasonably foreseen by such Party (or such Person), or, if it could have been reasonably foreseen, was unavoidable, and includes acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) under this Agreementor armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources or distribution facilities. Notwithstanding the foregoing, the due date for the performance of the original obligation(s) shall be extended receipt by a term equal to the time lost by reason Party of the delay an unsolicited takeover offer or other acquisition proposal, even if unforeseen or unavoidable, and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party such Party’s response thereto shall perform its obligations at a performance level no less than that which it uses for its own operations. In the not be deemed an event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure.

Appears in 8 contracts

Samples: Employee Matters Agreement (Inland American Real Estate Trust, Inc.), Employee Matters Agreement (Xenia Hotels & Resorts, Inc.), Separation and Distribution Agreement (Highlands REIT, Inc.)

Force Majeure. Neither Party The Service Provider shall not be responsible liable for any expense, loss or damage whatsoever arising out of any interruption of Service or delay or failure in performance of any part of to perform under this Services Agreement (other than obligations that is due to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil a public enemy, acts of terrorism, acts of a nation or military authorityany state, any territory, province or other political division thereof, changes in applicable law, orderfires, regulation or ordinance of any government or legal body, embargoesfloods, epidemics, war, terrorist acts, riots, insurrectionstheft, firesquarantine restrictions, explosionsfreight embargoes, earthquakes, nuclear accidents, floodsstrikes, work stoppages, power blackouts, stoppages or unusually severe weatherother similar causes beyond the reasonable control of the Service Provider and its applicable designees. If a Force Majeure Event shall occurIn any such event, the Party affected Service Provider’s obligations hereunder shall give prompt notice to be postponed for such time as its performance is suspended or delayed on account thereof. The Service Provider will promptly notify the other Party recipient of the Service, either orally or in writing, upon learning of the occurrence of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereofforce majeure. Upon the elimination cessation of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees the Service Provider will use commercially reasonable efforts to resume its performance in a nondiscriminatory mannerwith the least practicable delay (provided that, at the election of the Receiving Party, the applicable term for such suspended Services shall be extended by the length of the force majeure event). During such force majeure event, the Receiving Party shall be free to acquire affected Services from an alternative source, at the Receiving Party’s sole cost and expense, and CBT agrees not without liability to favor its own restoration the Service Provider, for the period and to the extent reasonably necessitated by such non-performance. The parties shall negotiate in good faith to determine the costs of Telecommunications procurement of such Services above that of CLECfrom such alternative source and such amounts shall be deducted from the payments otherwise required under Section 2.5 hereof.

Appears in 8 contracts

Samples: Transition Services Agreement (Albertsons Companies, Inc.), Transition Services Agreement (Safeway Stores 42, Inc.), Transition Services Agreement (Supervalu Inc)

Force Majeure. Neither In case performance of any terms or provisions hereof shall be delayed or prevented, in whole or in part, because of or related to compliance with any Law or requirement of any national securities exchange, or because of riot, war, public disturbance, strike, labor dispute, fire, explosion, storm, flood, act of God or act of terrorism that is not within the control of the Party, Service Provider or Service Recipient whose performance is interfered with (each, a “Performing Party”) and which by the exercise of reasonable diligence such Performing Party is unable to prevent, or for any other reason which is not within the control of such Performing Party whose performance is interfered with and which by the exercise of reasonable diligence such Performing Party is unable to prevent (each, a “Force Majeure Event”), then upon prompt written notice stating the date and extent of such interference and the cause thereof by the Performing Party to the other Party, Service Recipient or Service Provider (each, an “Affected Party”), as applicable, the Performing Party shall be responsible for any delay or failure in performance of any part of this Agreement (other than excused from its obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond hereunder during the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of period such Force Majeure Event specifying or its effects continue, and no liability shall attach against either the naturePerforming Party or the Affected Party on account thereof; provided, date however, that the Performing Party promptly resumes the required performance upon the cessation of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other or its effects. No Performing Party shall likewise be excused from performance of its obligations if such Performing Party fails to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its commercially reasonable efforts to avoid or remedy the situation and remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance effects of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure Event.

Appears in 8 contracts

Samples: Transition Services Agreement (CONDUENT Inc), Transition Services Agreement (Time Inc.), Transition Services Agreement (AOL Inc.)

Force Majeure. Neither Party shall be responsible for any delay or failure in 9.1 Where the performance of the Agreement is delayed or prevented due to any “force majeure event”, the Party affected by the force majeure event shall not assume any liability under the Agreement only for the part of this Agreement (other than obligations to make money payments, reimbursements so delayed or issue credits) resulting from prevented. “Force majeure event” means any cause event that is beyond the reasonable control of such Partya Party and is still unavoidable by the affected Party with due care and attention, including acts of naturebut not limited to government action, acts act of God, acts of civil or military authorityfire, any lawexplosion, ordergeographical change, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidentsstorm, floods, work stoppagesearthquake, power blackoutstide, lightning or unusually severe weatherwar. If a Force Majeure Event However, insufficient credit, funds or financing shall occur, not be regarded as matters beyond the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance control of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended . A Party affected by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees ” and seeking to resume be exempt from performance in a nondiscriminatory manner, under the Agreement or any clause of the Agreement shall notify the other party of the exemption as soon as possible and CBT agrees not inform the other party of the steps to favor its own restoration of Telecommunications Services above that of CLECbe taken to complete the performance.

Appears in 7 contracts

Samples: Consultation and Management Service Agreement (Qiniu Ltd.), Consultation and Management Service Agreement (Qiniu Ltd.), Consultation and Management Service Agreement (Qiniu Ltd.)

Force Majeure. Neither Party shall be responsible for any delay or failure in performance of any part breach of this Agreement if there is any failure of performance under this Agreement (other than obligations to make money payments, reimbursements or issue creditsexcept for payment of any amounts due under this Agreement) resulting from occasioned by any cause reason beyond the reasonable control and without the fault or negligence of such Partythe Party affected thereby, including acts including, without limitation, an act of natureGod, fire, flood, act of government or state, war, civil commotion, insurrection, acts of Godterrorism, acts embargo, sabotage, a viral, bacterial or mycoplasmal contamination which causes a shutdown of civil the Facility, prevention from or military authorityhindrance in obtaining energy or other utilities, any lawa shortage of raw materials or other necessary components, order, regulation or ordinance labor disputes of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutswhatever nature, or unusually severe weatherany other reason beyond the control and without the fault or negligence of the Party affected thereby (a “Force Majeure Event”). If a Such excuse shall continue as long as the Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration continues. Upon cessation of such Force Majeure Event, whereupon such obligation or the affected Party shall promptly resume performance shall be suspended under this Agreement as soon as it is commercially reasonable for the Party to do so. Each Party agrees to give the other Party prompt written notice of the occurrence of any Force Majeure Event, the nature thereof, and the extent such to which the affected Party is affected by such will be unable to fully perform its obligations under this Agreement. Each Party further agrees to use commercially reasonable efforts to correct the Force Majeure Event during the continuance thereof and/or as quickly as practicable (provided that in no event shall a Party be excused from such performance (required to settle any labor dispute) and to give the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like prompt written notice and proceed when it is again fully able to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECobligations.

Appears in 7 contracts

Samples: Manufacturing Services Agreement (TiGenix NV), Exclusive License Agreement (Regenicin, Inc.), Manufacturing Services Agreement (Genesis Biopharma, Inc)

Force Majeure. Neither Party shall be responsible for any delay liable to the other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected. The Party affected by such circumstances shall give prompt notice to promptly notify the other Party of in writing when such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation circumstances cause a delay or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay in the performance of a Party’s obligation(sDelay lasting for four (4) under this Agreementweeks or more, the due date for non-affected Party shall have the performance of the original obligation(s) shall be extended right to terminate this Agreement immediately by a term equal notice in writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Party.

Appears in 7 contracts

Samples: www.myresearchproject.org.uk, www.myresearchproject.org.uk, scrip.pharmaintelligence.informa.com

Force Majeure. Neither Party (a) Force Majeure shall include but not be responsible for any delay or failure in performance of any part of this Agreement (other than obligations limited to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authorityearthquakes, any lawfires, orderfloods, regulation or ordinance of any government or legal bodystorms, embargoesstrikes, epidemics, war, terrorist actslabor disputes, riots, insurrections, firesacts of war (whether declared or otherwise), explosionsterrorism, earthquakesacts of terrorism, nuclear accidentsacts of governmental, floodsregulatory or judicial bodies, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception but if and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended only to the extent that such event or circumstance (i) directly affects the availability of the transmission or distribution facilities of the New England Transmission System, the Buyer or an Affiliate of the Buyer necessary to provide service to the Buyer’s customers which are taking service pursuant to the Default Service Tariff and (ii) it is not within the reasonable control of, or the result of the negligence of, the claiming Party, and which, by the exercise of due diligence, the claiming Party is affected by such unable to overcome or avoid or cause to be avoided. Force Majeure Event during shall not be based on (A) fluctuations in Default Service, (B) the continuance thereof and/or cost to a Party to overcome or avoid, or cause to be excused from such performance (and avoided, the other Party shall likewise be excused from performance of its obligations to the extent event or circumstance affecting such Party’s obligations related to performance or (C) events affecting the performance so interfered with). The affected Party shall use its reasonable efforts to avoid availability or remove the cause cost of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of operating any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECgenerating facility.

Appears in 7 contracts

Samples: Master Power Agreement, Master Power Agreement, Master Power Agreement

Force Majeure. Neither Party Both Parties shall be responsible for any delay or failure in excused from the performance of any part their obligations under this Agreement to the extent that such performance is prevented or delayed by force majeure and the nonperforming Party promptly provides notice of the prevention to the other Party. Such excuse shall be continued so long as the condition constituting force majeure continues and the nonperforming Party takes reasonable efforts to remove the condition. For purposes of this Agreement (other than obligations to make money paymentsAgreement, reimbursements or issue credits) resulting from any cause force majeure shall mean conditions beyond the reasonable control of such Partythe Parties, including acts of naturewithout limitation, acts an act of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, civil commotion, terrorist actsact, riotslabor strike or lock-out, insurrectionsepidemic, firesfailure or default of public utilities or common carriers, explosionsdestruction of production facilities or materials by fire, earthquakesearthquake, nuclear accidentsstorm or like catastrophe, floodsand failure of plant or machinery (provided that such failure could not have been prevented by the exercise of skill, work stoppagesdiligence, power blackouts, and prudence that would be reasonably and ordinarily expected from a skilled and experienced person engaged in the same type of undertaking under the same or unusually severe weathersimilar circumstances). If The non-performing Party shall within thirty (30) days after a Force Majeure Event shall occur, the Party affected shall give prompt notice to force majeure provide the other Party a good faith estimate of such Force Majeure Event specifying the nature, date anticipated duration and any action being taken to avoid or minimize its effect. The suspension of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended of no greater scope and no longer duration than is reasonably necessary and the non-performing Party shall use Commercially Reasonable Efforts to remedy its inability to perform. Notwithstanding the extent such foregoing, a Party is affected by such Force Majeure Event during the continuance thereof and/or shall not be excused from such performance (and the other Party shall likewise be excused from performance making payments owed hereunder because of its obligations to the extent a force majeure affecting such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 7 contracts

Samples: Development and Commercialization Agreement (Fibrogen Inc), Development and Commercialization Agreement (Fibrogen Inc), Development and Commercialization Agreement (Fibrogen Inc)

Force Majeure. Neither Party No liability shall be responsible for any result from the delay or failure in performance nonperformance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause Services caused by circumstances beyond the reasonable control of such Partythe Service Provider, including acts without limitation Act of natureGod, fire, flood, snowstorm, war, acts of Godterrorism, acts of government action, riot, civil or military authoritydisturbance, any lawaccident, orderinability to obtain labor, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsmaterial, or unusually severe weatherequipment ("Force Majeure"). If a During periods of Force Majeure Event shall occurMajeure, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is Services so affected by such Force Majeure Event during may be eliminated without liability, but this Agreement shall remain otherwise unaffected. Timely notice of Force Majeure and its expected duration shall be given by the continuance thereof and/or be excused from such performance (affected party to the other, and the other Party shall likewise be excused from party whose performance is affected by a Force Majeure event will use commercially reasonable efforts to avoid, remove or minimize the impact of such event on the performance of its obligations to at the extent such Party’s obligations related to required level at the performance so interfered with)earliest possible date. The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC16.

Appears in 7 contracts

Samples: Insurance and Risk (Inland Retail Real Estate Trust Inc), Office and Facilities (Inland Retail Real Estate Trust Inc), Legal Services Agreement (Inland Retail Real Estate Trust Inc)

Force Majeure. Neither Party Newmont nor Supplier shall be responsible considered in breach of its obligations hereunder to the extent that performance or the need for any delay performance is delayed or failure in performance prevented by an act of any part of this Agreement (other than obligations to make money paymentsGod or a public enemy, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Partyfire, including acts of natureflood, acts of Godarea- wide strike, acts of civil or military authorityfreight embargo, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, or similar type of circumstance beyond such party’s reasonable control; provided that the Party affected shall party claiming force majeure shall, within 10 days from the beginning of such event, give prompt notice Notice to the other Party party of such Force Majeure Event specifying the naturefact of the event and its probable effect on performance. A force majeure event shall not be a basis for a claim for additional compensation, date of inception and expected duration of such Force Majeure Event, whereupon such obligation each party shall bear its own costs and expenses associated with or performance shall be suspended to the extent such Party is affected caused by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with)an event. The affected Party party claiming force majeure shall use its take reasonable efforts measures to avoid or remove mitigate the cause potential impact of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume event on performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECobligations created by this Agreement.

Appears in 7 contracts

Samples: On Site Service Terms and Conditions, Off Site Service Terms and Conditions, Off Site Service Terms and Conditions

Force Majeure. Neither Party shall be responsible for any 11.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure (“Event of Force Majeure”), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawgeographic change, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist actsmeans any unforeseen events beyond the prevented party’s reasonable control and cannot be prevented with reasonable care. However, riotsany shortage of credit, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, capital or unusually severe weather. If a Force Majeure Event finance shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall not be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the regarded as an event of any such excused delay in the performance of beyond a Party’s obligation(s) reasonable control. The Party affected by Force Majeure who claims for exemption from performing any obligations under this Agreement, Agreement or under any Article herein shall notify the due date for the performance other party of such exemption promptly and advice him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 7 contracts

Samples: Share Pledge Agreement (Kongzhong Corp), Share Pledge Agreement (Kongzhong Corp), Share Pledge Agreement (Kongzhong Corp)

Force Majeure. Neither [Neither][No] Party shall be responsible for any delay liable to [the other][any other] Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe [Party][Parties] affected. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other [Party][Parties] in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations where they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4) weeks or more a non-affected Party shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother [Party][Parties].

Appears in 7 contracts

Samples: Clinical Trial Agreement, Clinical Trial Agreement, Clinical Trial Agreement

Force Majeure. Neither Party party shall be responsible liable under, or deemed to be in breach of, this Agreement or an SOW for any delay or failure in performance of any part of under this Agreement or the applicable SOW that is caused by any of the following events: acts of God, civil or military authority, the public enemy, or war; action taken by a government or public authority accidents; fires; explosions; power surges; earthquakes; floods; unusually severe weather; strikes or labour disputes (other than obligations to make money payments, reimbursements excluding the affected party’s own or issue credits) resulting from its subcontractors’ workforce); delays in transportation or delivery; epidemics or pandemics; terrorism or threats of terrorism; and any cause similar event that is beyond the reasonable control of such Partythe non-performing party (“Force Majeure Event”). The party affected by the Force Majeure Event must diligently attempt to perform (including through alternate means). During a Force Majeure Event, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe parties will negotiate changes to this Agreement in good faith to address the Force Majeure Event in a fair and equitable manner. If a Force Majeure Event shall occurcontinues for fifteen (15) days or longer, and the Party affected shall give prompt notice Customer is delayed or unable to perform under this Agreement or any SOW as a result of the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation then AvePoint will have the right to terminate this Agreement or performance shall be suspended the SOW, in whole or in part, upon written notice to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseCustomer. In the event that AvePoint is delayed or unable to perform (in particular to meet the completion date or schedule of any such excused delay in the performance of a Party’s obligation(sservices) under this Agreement, the due date for the performance Agreement or any SOW as a result of the original obligation(s) Force Majeure Event, AvePoint shall be extended by a term equal to inform the time lost by reason Customer contact of the delay and by a reasonable amount of additional time required to reconstruct network infrastructure perform the work and the Customer contact shall work with AvePoint to adjust the schedule as agreed upon between the Parties. Any such delays shall not constitute the fault of, or a breach of this Agreement or an SOW, by AvePoint. For the components thereof. Upon the elimination avoidance of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsdoubt, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT any delays caused by the force majeure eventCustomer or otherwise attributable to the Customer which result in AvePoint’s inability to continue its performance obligations or completion of any Deliverables hereunder, CBT agrees may be subject to resume performance additional costs incurred by AvePoint in relation to restarting the project at a nondiscriminatory manner, later date. Such costs and CBT agrees not the timeline of any project restart shall be in AvePoint’s sole but reasonable discretion and shall be communicated to favor its own restoration of Telecommunications Services above that of CLECthe Customer.

Appears in 7 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Force Majeure. Neither Party If by reason of Force Majeure either party shall be responsible for rendered unable, wholly or in part, to carry out its responsibilities under this contract by any delay or failure in performance occurrence by reason of any part of this Agreement (Force Majeure, then the party unable to carry out its responsibility shall give the other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control party notice and full particulars of such PartyForce Majeure in writing within a reasonable time after the occurrence of the event, including acts and such notice shall suspend the party’s responsibility for the continuance of naturethe Forced Majeure claimed, but for no longer period. Force Majeure means acts of God, floods, hurricanes, tropical storms, tornadoes, earthquakes, or other natural disasters, acts of civil or military authoritypublic enemy, any lawacts of terrorism, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist actssovereign conduct, riots, insurrectionscivil commotion, firesstrikes or lockouts, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsand other causes that are not occasioned by either Party’s conduct which by the exercise of due diligence the party is unable to overcome and which substantially interferes with operations. No commitment by the City of Galveston This Request for Proposals does not commit the City of Galveston to award any costs or pay any costs, or unusually severe weather. If a Force Majeure Event shall occurto award any contract, the Party affected shall give prompt notice or to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation pay any costs associated with or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay incurred in the performance preparation of a Party’s obligation(s) under submission to this Agreementrequest, the due date or to procure or contract for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure services or of the components thereofsupplies. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsChange Orders, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.as per Texas Local Government Code section 252.048

Appears in 7 contracts

Samples: Service Agreement, Service Agreement, www.galvestontx.gov

Force Majeure. Neither No Party shall be responsible for any delay liable to another Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other affected. The Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other Parties in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4) weeks or more the non- affected Parties shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Parties.

Appears in 6 contracts

Samples: Tripartite Clinical Investigation Agreement, Tripartite Clinical Investigation Agreement, Tripartite Clinical Investigation Agreement

Force Majeure. Neither Party shall be responsible for any deemed to be in default where failure or delay or failure in performance of any part of this Agreement its obligations (other than obligations to make money paymentspayment obligations) under this Agreement is caused by floods, reimbursements earthquakes, other Acts of God, fires, wars, riots or issue credits) resulting from any cause similar hostilities, actions of legislative, judicial, executive or regulatory government bodies or other cause, without fault and beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event any such events shall occur, the time for performance by either Party of any of its obligations hereunder shall be extended by the Parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected shall give prompt notice to Party shall: (i) promptly notify the other Party of such Force Majeure Event specifying the natureevent, date of inception and expected duration of (ii) provide reasonable details relating to such Force Majeure Event, whereupon such obligation or performance shall be suspended event and (iii) implement mitigation measures to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECcommercially reasonable.

Appears in 6 contracts

Samples: Sharing Agreement, Cost Sharing Agreement, Sharing Agreement

Force Majeure. Neither Party shall be responsible for any delay If a force majeure event occurs that causes delays or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control likelihood of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance fulfillment of a Party’s obligation(s) under the requirements of this Agreement, the due date for Subrecipient shall promptly notify the performance Grant Administrator in writing of the original obligation(s) shall anticipated length and cause of the delay, the measures taken or to be extended taken to minimize the delay and the Subrecipient's intended timetable for implementation of such measures. If the Parties agree that the delay or anticipated delay was caused, or will be caused by a term force majeure, the Consortium may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be evidenced by an Amendment to the Agreement in accordance with Section 27 hereof. For purposes of this Agreement, “force majeure event” shall be defined as shall be an act of God, CBT agrees strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to resume performance in a nondiscriminatory mannerreceive timely necessary third party approvals through no fault of the Subrecipient, and CBT agrees any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Subrecipient and/or the Consortium. Failure to favor its own restoration of Telecommunications Services above that of CLECperform by the Subrecipient's consultant(s) or subcontractor(s) shall not constitute a force majeure event.

Appears in 6 contracts

Samples: Gulf Consortium Subrecipient Agreement, Gulf Consortium Subrecipient Agreement, Gulf Consortium Subrecipient Agreement

Force Majeure. Neither Party shall Each party will be responsible excused from performance under the Agreement for any delay period and to the extent (and only to the extent) that it is prevented from or failure delayed in performing any obligations pursuant to the Agreement, in whole or in part, as a result of a Force Majeure Event. If either party is prevented from, or delayed in performing any of its obligations under the Agreement by, a Force Majeure Event, it shall promptly notify the other party verbally (to be confirmed in writing within twenty-four (24) hours of the inception of the delay) of the occurrence of a Force Majeure Event and shall describe, in reasonable detail, the circumstances constituting the Force Majeure Event and the obligations, the performance of any part which are thereby delayed or prevented. The party claiming that a Force Majeure Event has occurred shall continue to use commercially reasonable efforts to mitigate the impact or consequence of the event on the other party and to recommence performance whenever and to whatever extent possible without unreasonable delay. The affected party shall provide the other party with daily updates (and more frequent updates if requested) as to the status of its efforts to recommence performance and written notice upon conclusion of the Force Majeure Event. A Force Majeure Event occurs when either party is unable, other than as may arise from its own negligence or willful misconduct, to perform its obligations under the terms of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control because of such Party, including acts of nature, acts of God, acts of civil war or military authorityterrorism, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsstrikes, or unusually severe weather. If a Force Majeure Event equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall occur, the Party affected shall give prompt notice not be liable for damages to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused for any damages resulting from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed failure to perform with dispatch once the causes are removed or cease. In the event of any otherwise from such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECcauses.

Appears in 6 contracts

Samples: Master Sub Administration Agreement (Transamerica ETF Trust), Master Sub Administration Agreement (Transamerica Series Trust), Master Sub Administration Agreement (Transamerica Funds)

Force Majeure. Neither Party shall No party will be responsible to the other, and such shall not be grounds to terminate this Agreement, for any delay or failure disruptions in performance usage of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, Deliverables caused by acts of God, acts of civil or military terrorism, government action, curtailment of transportation facilities, Client’s failure to cooperate as described in Section 9.1 (Cooperation), labor strikes, governmental authority, any law, order, regulation or ordinance all other events beyond the reasonable control of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsthe party claiming rights under this Section (a “Force Majeure Event”); provided that the College Board shall have a duty to reasonably mitigate, or unusually severe weathercause to be mitigated, any such disruptions (or parts thereof). If a Force Majeure Event The College Board’s obligation to furnish the Deliverables shall occurbe suspended (or reduced, as applicable) during the Party affected shall give prompt notice period and to the other Party extent that provision of such Force Majeure Event specifying the nature, date of inception and expected duration of such Deliverables is disrupted by the Force Majeure Event, whereupon without such obligation suspension or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance disruption constituting a material breach of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 6 contracts

Samples: College Readiness, College Readiness, Agreement

Force Majeure. Neither No Party shall be responsible for any delay liable to another Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other affected. The Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other Parties in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for four (4) weeks or more the non-affected Parties shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Parties.

Appears in 6 contracts

Samples: Tripartite Clinical Investigation Agreement, www.abhi.org.uk, www.ukcrc.org

Force Majeure. Neither 13.1 As used in this Agreement, “Force Majeure” or “an event of Force Majeure” means any cause beyond the reasonable control of the Seller or of PacifiCorp which, despite the exercise of due diligence, such Party shall be responsible for any is unable to prevent or overcome. By way of example, Force Majeure may include but is not limited to acts of God, fire, flood, storms, wars, hostilities, civil strife, strikes, and other labor disturbances, earthquakes, lightning, epidemics, sabotage, restraint by court order or other delay or failure in the performance as a result of any part action or inaction on behalf of this Agreement a public authority which is in each case (other than obligations to make money payments, reimbursements or issue creditsi) resulting from any cause beyond the reasonable control of such Party, including acts (ii) by the exercise of naturereasonable foresight such Party could not reasonably have been expected to avoid and (iii) by the exercise of due diligence, acts such Party shall be unable to prevent or overcome. Force Majeure, however, specifically excludes the cost or availability of God, acts fuel or motive force to operate the Facility or changes in market conditions that affect the price of civil energy or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weathertransmission. If a either Party is rendered wholly or in part unable to perform its obligation under this Agreement because of an event of Force Majeure Event shall occurMajeure, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance both Parties shall be suspended to the extent such Party excused from whatever performance is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this AgreementForce Majeure, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.provided that:

Appears in 6 contracts

Samples: Non Firm Qualifying Facility Power Purchase Agreement, Non Firm Power Qualifying Facility Purchase Agreement, Non Firm Power Qualifying Facility Purchase Agreement

Force Majeure. Neither Party In addition to specific provisions of this Agreement, neither the University nor the Town shall be responsible for any default, delay or failure to perform if such default, delay or failure to perform is due to causes beyond such Party's reasonable control, including, but not limited to, strikes, lockouts, actions or inactions of governmental authorities (excluding parties to this Agreement), epidemics, wars, embargoes, fires, hurricanes, acts of God or the default of a common carrier. In the event of a default, delay or failure to perform due to causes beyond such Party's reasonable control, any date or times by which the parties are otherwise scheduled to perform shall be extended automatically for a period of time equal in performance duration to the time lost by reason of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any the cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt written notice of such delay is given to the other Party after the commencement of such Force Majeure Event specifying the naturedelay, date an extension of inception and expected duration of time for such Force Majeure Event, whereupon such obligation or performance cause shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay granted in the performance of a Party’s obligation(s) under this Agreement, the due date writing for the performance period of the original obligation(s) shall enforced delay, or longer as may be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECmutually agreed.

Appears in 6 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Neither Party party shall be responsible for any delay or failure liable in the event that its performance of any part of this Agreement is prevented, or rendered so difficult or expensive as to be commercially impracticable, by reason of an Act of God, labor dispute, unavailability of transportation, goods or services, governmental restrictions or actions, war (declared or undeclared) or other than obligations to make money paymentshostilities, reimbursements or issue credits) resulting from by any other event, condition or cause which is not foreseeable on the Effective Date and is beyond the reasonable control of such Party, including acts the party. It is expressly agreed that any failure of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance the United States Government to issue a required license for the export of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event Supplier Product ordered by Distributor shall occur, the Party affected shall give prompt notice to the other Party constitute an event of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseforce majeure. In the event of non-performance or delay in performance attributable to any such excused delay in causes, the period allowed for performance of the applicable obligation under this Agreement will be extended for a period equal to the period of the delay. However, the party so delayed shall use its best efforts, without obligation to expend substantial amounts not otherwise required under this Agreement, to remove or overcome the cause of delay. In the event that the performance of a Party’s obligation(s) under this Agreementparty is delayed for more than 6 months, the due date for other party shall have the performance of the original obligation(s) right, which shall be extended by a term equal to exercisable for so long as the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event cause of such performance delay or failure by CBT caused by the force majeure eventshall continue to exist, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECterminate this Agreement without liability for such termination.

Appears in 6 contracts

Samples: Exclusive Distribution Agreement, Exclusive Distribution Agreement (Blow & Drive Interlock Corp), Exclusive Distribution Agreement (Cannabis Kinetics Corp.)

Force Majeure. Neither Party Without prejudice to Clause 18.2, neither party shall have any liability under or be responsible deemed to be in breach of this Licence for any failure to perform any term or condition of this Licence which result from circumstances beyond the reasonable control of such party, including war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures or damage to or destruction of any network facilities not arising from an act or omission of such party or its employees or contractors (“Force Majeure Event”). Each party shall promptly notify the other party in writing of any Force Majeure Event which is causing delay or failure in performance of such party’s obligations under this Licence, or will or is likely to do so, including the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any part of its obligations under this Licence, and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. Provided it has complied with Clause 19.2, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Licence by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Agreement (other than obligations to make money payments, reimbursements Licence or issue credits) resulting from otherwise liable for any cause beyond such failure or delay in the reasonable control performance of such Party, including acts obligations. The time for performance of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weathersuch obligations shall be extended accordingly. If a Force Majeure Event shall occurprevents, hinders or delays the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from Affected Party’s performance of its obligations for a continuous period of more than 60 (sixty) days, the party not affected by the Force Majeure Event may terminate this Licence by giving 14 days’ written notice to the extent such Affected Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 6 contracts

Samples: Agreement, Journals Framework Agreement, Framework Agreement

Force Majeure. Neither Party shall be responsible for any 10.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure, only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected Party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawgeographic change, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, means any unforeseen events beyond the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such prevented Party’s obligations related to the performance so interfered with)reasonable control and cannot be prevented with reasonable care. The affected Party However, any shortage of credit, capital or finance shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the not be regarded as an event of any such excused delay in the performance of beyond a Party’s obligation(s) reasonable control. The Party affected by Force Majeure who claims for exemption from performing any obligations under this Agreement, Agreement or under any Section herein shall notify the due date for the performance other party of such exemption promptly and advise him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 6 contracts

Samples: Equity Interest Pledge Agreement (Kaixin Auto Holdings), Equity Interest Pledge Agreement (Renren Inc.), Equity Interest Pledge Agreement (Kaixin Auto Holdings)

Force Majeure. Neither Party shall be responsible for any Either Party's delay or failure to perform (except for a Party's payment obligation) shall be excused for so long as, and to the extent that, it is prevented from performing any of its obligations under this Agreement, in performance whole or in part, as a result of delays caused by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any part of this Agreement (country, or any other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If Party (a "Force Majeure Event Event"). The non-performing Party shall occur, the Party affected shall give prompt notice to promptly notify the other Party of the circumstances causing its delay or failure to perform and of its plans and efforts to implement a workaround solution. For as long as such Force Majeure Event specifying circumstances prevail, the nature, date Party whose performance is delayed or hindered shall continue to use reasonable efforts to minimize the length and effect of inception delays and expected duration shall re-commence performance after the cessation of such the Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 6 contracts

Samples: Global Trade Services Agreement (Vastera Inc), Employee Transfer Agreement (Vastera Inc), Employee Transfer Agreement (Vastera Inc)

Force Majeure. Neither Party shall be held liable or responsible for any delay to the other Party nor be deemed to be in default under, or failure in performance breach of any part provision of, this Agreement for failure or delay in fulfilling or performing any obligation of this Agreement (other than obligations when such failure or delay is due to make money paymentsForce Majeure. For purposes of this Agreement, reimbursements or issue credits) resulting from any cause Force Majeure is defined as causes beyond the reasonable control of such the Party, including acts of natureincluding, without limitation, acts of God; acts, acts of civil regulations, or military authority, any law, order, regulation or ordinance laws of any government adopted after the date of this Agreement or legal bodysubject to an interpretation after the date of this Agreement that render impossible or illegal performance by a Party of its obligations under this Agreement; war; civil commotion; destruction of production facilities or materials by fire, embargoesflood, epidemicsearthquake, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, explosion or unusually severe weatherstorm; acts of terrorism; epidemic; and failure of public utilities or common carriers. If a Force Majeure Event shall occurIn such event, the disabled Party affected shall give prompt promptly notify the other Party, with written notice to the other Party follow, of such Force Majeure Event specifying inability and of such Party’s estimate of the nature, date of inception and expected duration of the period for which such Force Majeure Event, whereupon inability is expected to continue. The Party giving such obligation or performance notice shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or thereupon be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to under this Agreement as it is thereby disabled from performing for so long as it is so disabled. Upon termination of a Force Majeure event, the performance of any suspended obligation or duty shall promptly recommence. To the extent such Party’s obligations related to the performance so interfered with). The affected possible, each Party shall use its commercially reasonable efforts to avoid or remove minimize the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event duration of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECForce Majeure.

Appears in 6 contracts

Samples: Shared Services Agreement (SFX Entertainment, INC), Shared Services Agreement (SFX Entertainment, INC), Shared Services Agreement (SFX Entertainment, INC)

Force Majeure. Neither A Party shall not lose any rights hereunder or be responsible liable to the other Party for any delay damages or failure losses (except for payment obligations) or be considered in performance of any part breach of this Agreement (on account of the failure to perform, and the time required for performance shall be extended for a period of time equal to the duration of the Force Majeure Event and ***, if such failure to perform is occasioned by war, strike, fire, act of God, insurrections, terrorism, riots, injunctions, shortages of energy, earthquake, flood, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other than obligations reason where the failure to make money payments, reimbursements or issue credits) resulting from any cause perform is beyond the reasonable control and not caused by the negligence, intentional conduct or misconduct of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the said Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such (“Force Majeure Event”); provided, whereupon such obligation or performance shall be suspended to the extent such however, that said Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its has exerted all reasonable efforts to avoid or remove remedy such Force Majeure Event. Notwithstanding the cause foregoing, if a Force Majeure Event continues for a period of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreementmore than ***, the due date for the performance of the original obligation(s) other Party shall be extended by a term equal entitled to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECterminate this Agreement upon written notice.

Appears in 5 contracts

Samples: License, Development and Commercialization Agreement (Syndax Pharmaceuticals Inc), License, Development and Commercialization Agreement (Syndax Pharmaceuticals Inc), License, Development and Commercialization Agreement (Syndax Pharmaceuticals Inc)

Force Majeure. Neither Party In addition to specific provisions of this Agreement, neither the Developer Owners, Parcel Owners, the Representative nor the Town shall be responsible for any default, delay or failure in performance to perform if such default, delay or failure to perform is due to causes beyond such Participant’s reasonable control, including, but not limited to, strikes, lockouts, actions or inactions of any part of governmental authorities (excluding Participating Parties to this Agreement (other than obligations to make money paymentsAgreement), reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Partyepidemics, including acts of naturewars, embargoes, fires, hurricanes, adverse weather, acts of God, acts of civil or military authority, interference duly caused by any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsother Participant, or unusually severe weather. If the default of a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasecommon carrier. In the event of a default, delay or failure to perform due to causes beyond such Participant’s reasonable control or due to interference by another Participant, any such excused delay in date or times by which the performance of a Party’s obligation(s) under this AgreementParticipating Parties are otherwise scheduled to perform, the due date for the performance of the original obligation(s) if any, shall be extended by automatically for a term period of time equal in duration to the time lost by reason of the cause beyond the reasonable control of such Participant. If written notice of such delay and by a reasonable amount is given to the other Participant after the commencement of such delay, an extension of time required for such cause shall be deemed granted and will be agreed to reconstruct network infrastructure or by the Participating Parties in writing for the period of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsenforced delay, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEClonger as may be mutually agreed.

Appears in 5 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Neither Party shall be responsible for any delay or failure in 13.1 If the performance of this Contract is delayed or prevented due to any part of this Agreement (other than obligations “force majeure event”, the Party affected by the force majeure does not need to make money payments, reimbursements assume any liability hereunder for such delayed or issue credits) resulting from prevented performance. “Force majeure event” means any cause event beyond the reasonable control of such a Party that is unavoidable even if with the reasonable care of the affected Party, including acts of naturebut not limited to government act, acts of Godnatural force, acts of civil fire, explosion, geographic change, wind storm, flood, earthquake, tide, lightning or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist actsprovided that insufficiency of credit, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, fund or unusually severe weatherfinancing may not be deemed as a matter beyond the reasonable control of a Party. If a Force Majeure Event shall occur, the The Party affected by “force majeure event” and striving to be exempted from the performance responsibility hereunder or under any provision hereof shall give prompt notice to notify the other Party at the earliest time possible of such exemption from responsibility and shall inform the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall steps to be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date taken thereby for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 5 contracts

Samples: Equity Pledge Contract (China Finance Online Co. LTD), Equity Transfer Agreement (China Finance Online Co. LTD), Equity Pledge Contract (China Finance Online Co. LTD)

Force Majeure. Neither Party No party hereto shall be held responsible or liable for any delay loss or failure in performance damage on account of non-delivery of energy hereunder at any time caused by an event of Force Majeure. “Force Majeure” shall mean the occurrence or non-occurrence of any part act or event that could not reasonably have been expected and avoided by exercise of this Agreement (other than obligations to make money payments, reimbursements due diligence and foresight and such act or issue credits) resulting from any cause event is beyond the reasonable control of such Partyparty, including acts of nature, acts to the extent caused by act of God, acts of fire, flood, explosion, strike, civil or military authority, any lawinsurrection or riot, order, regulation or ordinance act of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsthe elements, or unusually severe weatherfailure of equipment. If a For the avoidance of doubt, “Force Majeure Event Majeure” shall occurin no event be based on any Sponsoring Company’s financial or economic conditions, including without limitation (i) the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance loss of the original obligation(sSponsoring Company’s markets; or (ii) shall be extended by a term equal the Sponsoring Company’s inability economically to use or resell the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure Available Power or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECAvailable Energy purchased hereunder.

Appears in 5 contracts

Samples: Inter Company Power Agreement (Indiana Michigan Power Co), Inter Company Power Agreement (Ohio Power Co), Inter Company Power Agreement (Appalachian Power Co)

Force Majeure. Neither Party shall be responsible for any 12.1 If this Agreement is delayed in or prevented from performing in the Event of Force Majeure ("Event of Force Majeure"), only within the limitation of such delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsprevention, reimbursements or issue credits) resulting the affected party is absolved from any cause beyond the reasonable control liability under this Agreement. Force Majeure, which includes acts of such Partygovernments, including acts of nature, acts of Godfire, acts of civil or military authorityexplosion, any lawtyphoon, orderflood, regulation or ordinance of any government or legal bodyearthquake, embargoestide, epidemicslightning, war, terrorist actsmeans any unforeseen events beyond the prevented party's reasonable control and cannot be prevented with reasonable care. However, riotsany shortage of credit, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, capital or unusually severe weatherfinance shall not be regarded as an event beyond a Party's reasonable control. If a The Pledge effected by Force Majeure Event who claims for exemption from performing any obligations under this Agreement or under any Article herein shall occur, the Party affected shall give prompt notice to notify the other Party party of such Force Majeure Event specifying the nature, date of inception exemption promptly and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance advice him of the original obligation(s) shall steps to be extended by a term equal to the time lost by reason taken for completion of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperformance.

Appears in 5 contracts

Samples: Equity Interests Pledge Agreement (Hurray! Holding Co., Ltd.), Equity Interests Pledge Agreement (Hurray! Holding Co., Ltd.), Equity Interests Pledge Agreement (Hurray! Holding Co., Ltd.)

Force Majeure. Neither Party ‌ If one of the Parties is unable to perform its contractual obligations through Force Majeure it shall be responsible for any delay or failure in performance of any part of this Agreement (other than released from its contractual obligations to make money paymentsthe extent, reimbursements and for the time, that the Force Majeure presents an obstacle to performance; this shall not apply in the case of being prevented from meeting a payment obligation. The other Party is released from its counter- performance obligations if and inasmuch as the Party is prevented from fulfilling its contrac- tual obligations as a result of Force Majeure. Force Majeure is an external extraordinary occurrence that impacts performance from the outside, that is unforeseeable, and that cannot be prevented, or issue credits) resulting from any cause beyond the prevented in a timely man- ner, despite applying reasonable control of such Partycare and prudence and reasonable technical and economic means. It includes, including acts of naturefor example, acts of Godnatural events, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemicsnatural disasters, war, terrorist acts, riots, insurrections, fires, explosions, earthquakesfire, nuclear accidentster- rorist attacks, floodsstrikes, work stoppagesand lockouts, power blackoutsprovisions of law, or unusually severe weathergovernment, court, or official, measures, regardless of their lawfulness. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to inform the other Party immediately of the reasons and the prospec- tive duration – provided such information is available – of the Force Majeure Event specifying event. It shall endeavour with all reasonable technical and economic means to restore the natureconditions re- quired for meeting its contractual obligations as rapidly as possible. If, date as a result of inception and expected duration an event of such Force Majeure EventMajeure, whereupon such obligation one of the Parties is prevented from, or performance shall be suspended to substan- tially impaired in, the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its contractual obligations to for a period of six successive months from the extent such Party’s obligations related to beginning of the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause Force Majeure event, each of nonperformance and the Parties is entitled to terminate the Contract. Termination shall give like notice and proceed to perform with dispatch once become effective on the causes are removed or cease. In the event date of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance receipt of the original obligation(s) shall be extended by a term equal to the time lost by reason written notice of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECtermination.

Appears in 5 contracts

Samples: www.ewe-gasspeicher.de, www.ewe-gasspeicher.de, www.ewe-gasspeicher.de

Force Majeure. Neither No Party (or any of its Affiliates) shall be held liable or responsible to the other Party (or any of its Affiliates), or be deemed to have defaulted under or breached the Agreement, for failure or delay by such Party in fulfilling or performing any term of the Agreement when such failure or delay is caused by or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting results from any cause causes beyond the reasonable control of such Partythe affected Party (or any of its Affiliates), including acts of naturefire, floods, embargoes, war, acts of Godwar (whether war be declared or not), insurrections, riots, civil commotions, acts of civil God or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidentsor omissions or delays in acting by any governmental authority (collectively, floods“Events of Force Majeure”); provided, work stoppageshowever, power blackoutsthat the affected Party shall exert all reasonable efforts to eliminate, cure or unusually severe weather. If a overcome any such Event of Force Majeure and to resume performance of its covenants promptly. Notwithstanding the foregoing, to the extent that an Event shall occurof Force Majeure continues for a period in excess of [***], the affected Party affected shall give prompt notice to promptly notify in writing the other Party of such Event of Force Majeure Event specifying and within [***] of the nature, date of inception and expected duration other Party’s receipt of such notice, the Parties shall negotiate in good faith either (a) a resolution of the Event of Force Majeure EventMajeure, whereupon if possible, (b) an extension by mutual agreement of the time period to resolve, eliminate, cure or overcome such obligation or performance shall be suspended Event of Force Majeure, (c) an amendment of this Agreement to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance reasonably possible, or (and the other Party shall likewise be excused from performance d) an early termination of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 5 contracts

Samples: Collaboration Agreement (Seattle Genetics Inc /Wa), Collaboration Agreement (Celldex Therapeutics, Inc.), Collaboration Agreement (Curagen Corp)

Force Majeure. Neither The occurrence of an event which materially interferes with the ability of a Party shall be responsible for any delay to perform its obligations or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond duties hereunder which is not within the reasonable control of such Partythe Party affected or any of its Affiliates, including acts and which could not with the exercise of natureDiligent Efforts have been avoided (“Force Majeure Event”), acts including, but not limited to, war, rebellion, earthquake, fire, accident, strike, riot, civil commotion, act of God, acts inability to obtain raw materials, delay or errors by shipping companies or change in Law, shall not excuse such Party from the performance of civil its obligations or military authorityduties under this Agreement, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherbut shall merely suspend such performance during the Force Majeure Event. If The Party subject to a Force Majeure Event shall occur, the Party affected shall give prompt notice to promptly notify the other Party of the occurrence and particulars of such Force Majeure Event specifying and shall provide the natureother Party, date from time to time, with its best estimate of inception and expected the duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to Event and with notice of the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with)termination thereof. The Party so affected Party shall use its reasonable efforts Diligent Efforts to avoid or remove such causes of non-performance as soon as is reasonably practicable. Upon termination of the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in Force Majeure Event, the performance of a Party’s obligation(s) any suspended obligation or duty shall without delay recommence. The Party subject to the Force Majeure Event shall not be liable to the other Party for any damages arising out of or relating to the suspension or termination of any of its obligations or duties under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost Agreement by reason of the delay and by occurrence of a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsForce Majeure Event, the delaying provided such Party shall perform complies in all material respects with its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECunder this Section 15.6.

Appears in 5 contracts

Samples: Research Collaboration and License Agreement (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc), Confidential Treatment Requested (Vitae Pharmaceuticals, Inc)

Force Majeure. Neither Party shall be responsible for “Force Majeure” means any delay acts or failure in performance omissions of any part of this Agreement (other than obligations to make money paymentscivil or military authority, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of natureterrorism, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosionsstrikes or other labor disturbances, earthquakesequipment failures, nuclear accidentsfluctuations or non-availability of electrical power, floodsheat, work stoppageslight, power blackoutsair conditioning or telecommunications equipment, or unusually severe weatherany other similar act, omission or occurrence beyond either Party’s reasonable control. If a either Party’s performance is delayed by Force Majeure, the time for performance shall be reasonably extended. A condition of Force Majeure Event shall occurbe deemed to continue only so long as the affected Party is taking reasonable actions necessary to overcome such condition. If either Party shall be affected by a condition of Force Majeure, such Party shall give the other Party prompt notice thereof, which notice shall contain the affected Party’s estimate of the duration of such condition and a description of the steps being taken or proposed to be taken to overcome such condition of Force Majeure. Any reasonable delay occasioned by any such cause shall not constitute a default under this Agreement, and the obligations of the Parties shall be suspended during the period of delay so occasioned. During any period of Force Majeure, the Party that is not directly affected by such condition of Force Majeure shall give prompt notice be entitled to take any reasonable action necessary to mitigate the other Party effects of such condition of Force Majeure Event specifying Majeure; provided that in the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to event that the extent such Provider Party is affected by a condition of Force Majeure, the Provider Party shall only be responsible for the payment of the reasonable costs and expenses incurred by the Recipient Party for taking such reasonable actions up to, and not exceeding, the amount of the Fees for the affected Services or such component thereof for the period during which such Force Majeure Event during condition occurs. If the continuance Force Majeure event is not cured such that the affected Services or such component thereof are provided as required hereunder within thirty (30) days, the non-affected Party may terminate the affected Services or such component thereof and/or be excused seek such Services or such component thereof from such performance (and a third Person at the other Party shall likewise be excused from performance of its obligations to the extent such affected Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance cost and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECexpense.

Appears in 5 contracts

Samples: Shared Services Agreement (Cryptyde, Inc.), Transitional Services Agreement (Allscripts-Misys Healthcare Solutions, Inc.), Shared Services Agreement (Allscripts-Misys Healthcare Solutions, Inc.)

Force Majeure. Neither Party party shall be responsible liable for any delay costs or failure in damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of any part the contract if the contractor is prevented from performance by a Force Majeure Event. The burden of this Agreement (other than obligations to make money paymentsproof for the need for such relief shall rest upon the contractor. To obtain release based on a Force Majeure Event, reimbursements or issue credits) resulting from any cause beyond the reasonable control of contractor shall file a written request for such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherrelief with the Gamblers Assistance Program. If Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event shall occur, and will not suspend performance requirements under the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECcontract.

Appears in 5 contracts

Samples: Nebraska Gamblers Assistance, Nebraska Gamblers Assistance, problemgambling.nebraska.gov

Force Majeure. 21.1. Neither Party shall be responsible held liable for any delay or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable its control of and without its fault or negligence, such Party, including acts of nature, as acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, strikes, work stoppage affecting a supplier or unusually severe weatherweather conditions (individually or collectively, a “Force Majeure Event”). No delay or other failure to perform shall be excused pursuant to this §21 unless delay or failure and consequences thereof are beyond the reasonable control and without the fault or negligence of the Party claiming excusable delay or other failure to perform. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or or be excused from such performance depending on the nature, severity and duration of such Force Majeure Event (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related relate to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In Subject to §3 hereof, in the event of any such excused delay in the performance of a Party’s 's obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount delay. In the event of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationssuch delay, the delaying delayed Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure eventSprint, CBT Sprint agrees to resume performance in a nondiscriminatory manner, manner and CBT agrees not to favor its own restoration provision of Telecommunications Services above that of CLECKMC.

Appears in 5 contracts

Samples: Collocation and Resale Agreement, Collocation and Resale Agreement, Collocation and Resale Agreement

Force Majeure. Neither Party 22.1 A “Force Majeure Event” shall be responsible for any delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsinclude fire, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Partyflood, including acts of naturewindstorm, adverse weather conditions, emergencies, explosion, riot, war, sabotage, acts of God, acts of civil strikes or military authoritylabor slow-downs, any law, court injunction or order, regulation federal and/or state law or ordinance of any government regulation, delays by governmental authorities in approving license and permit requests necessary to the Project or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsin connection with the Work or the performance contemplated by this Agreement, or unusually severe weatherorder by any federal or state regulatory agency, or other similar causes beyond the affected Party’s reasonable control. Without limiting the foregoing, a “Force Majeure Event” shall also include unavailability of personnel, equipment, supplies, or other resources (“Resources”) due to diversion of such Resources for other utility- related duties in connection with an emergency, including, without limitation, storms or other adverse weather condition. If a Force Majeure Event shall occurshould occur and impair the ability of either or both Parties to perform its, the Party affected shall give prompt notice or their respective, obligations hereunder, then, to the other Party of extent affected by such Force Majeure Event specifying Event, the natureperformance of this Agreement, date with the exception of inception and expected payment obligations, shall be suspended for the duration of such Force Majeure Event. At the conclusion of a Force Majeure Event, whereupon such obligation or the price and time for performance under this Agreement shall be suspended adjusted as reasonably necessary to overcome the extent such Party is affected effect of the delay occasioned by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with)Event. The affected Party shall use its reasonable efforts to avoid foregoing notwithstanding and with the exception of payment obligations, if, as the direct or remove indirect result of any Force Majeure Event, the cause of nonperformance and Parties’ continued performance hereunder becomes irreparably impaired or prevented, the Parties shall give like notice and proceed may mutually agree to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under terminate this Agreement, in whole or in part, with no further obligation or liability; provided, however, that, notwithstanding any such terminations, CHURCHVILLE shall pay the due date for the performance Company all of the original obligation(s) shall be extended by a term equal Company’s costs and expenses incurred, and fees earned, up to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event effective date of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECtermination.

Appears in 5 contracts

Samples: Construction Services Agreement, Asset Purchase and Sale Agreement, Construction Services Agreement

Force Majeure. Neither Party ‌ If one of the Parties is unable to perform its contractual obligations through Force Majeure it shall be responsible for any delay or failure in performance of any part of this Agreement (other than released from its contractual obligations to make money paymentsthe extent, reimbursements and for the time, that the Force Majeure presents an obstacle to performance; this shall not apply in the case of being prevent- ed from meeting a payment obligation. The other Party is released from its counter- performance obligations if and inasmuch as the Party is prevented from fulfilling its contractual obligations as a result of Force Majeure. Force Majeure is an external extraordinary occurrence that impacts performance from the out- side, that is unforeseeable, and that cannot be prevented, or issue credits) resulting from any cause beyond the prevented in a timely manner, de- spite applying reasonable control of such Partycare and prudence and reasonable technical and economic means. It includes, including acts of naturefor example, acts of Godnatural events, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemicsnatural disasters, war, terrorist acts, riots, insurrections, fires, explosions, earthquakesfire, nuclear accidentsterrorist attacks, floodsstrikes, work stoppagesand lockouts, power blackoutsprovisions of law, or unusually severe weathergovernment, court, or official, measures, regardless of their lawfulness. If a Force Majeure Event shall occur, the The Party affected shall give prompt notice to inform the other Party immediately of the reasons and the prospective duration – provided such information is available – of the Force Majeure Event specifying event. It shall endeav- our with all reasonable technical and economic means to restore the natureconditions required for meeting its contractual obligations as rapidly as possible. If, date as a result of inception and expected duration an event of such Force Majeure EventMajeure, whereupon such obligation one of the Parties is prevented from, or performance shall be suspended to substantial- ly impaired in, the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its contractual obligations to for a period of six successive months from the extent such Party’s obligations related to beginning of the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause Force Majeure event, each of nonperformance and the Parties is entitled to termi- nate the Contract. Termination shall give like notice and proceed to perform with dispatch once become effective on the causes are removed or cease. In the event date of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance receipt of the original obligation(s) shall be extended by a term equal to the time lost by reason written no- tice of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECtermination.

Appears in 5 contracts

Samples: www.ewe-gasspeicher.de, www.ewe-gasspeicher.de, www.ewe-gasspeicher.de

Force Majeure. Neither Party If Atlas shall be responsible for prevented from performing any of the Agreement hereunder, by any act or neglect of CSM or by strikes, lockouts, fire, unusual delay in transportation, orders of the Government, or failure in performance any duly constituted instrumentality thereof, unavoidable causalities, or any causes beyond the control of any part Atlas , such delay shall not be deemed a breach of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any a default on the part of Atlas constituting a cause beyond for termination. Depressed prices shall constitute a force majeure when the reasonable control minerals produced are salable only at abnormally low prices. It is expressly stipulated and agreed that Atlas shall promptly notify CSM in writing of such Party, including acts the commencement of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance termination of any government or legal bodyclaimed force majeure, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance term of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) Agreement shall be extended by for a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components period thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 5 contracts

Samples: Lease Purchase Agreement (Atlas Mining Co), Lease Purchase Agreement (Atlas Mining Co), Dragon Mine Lease Purchase Agreement (Atlas Mining Co)

Force Majeure. Neither Party Licensor nor Licensee shall be responsible liable or deemed to be in default for any a delay in or failure in of performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting that results from any cause of the following causes beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floodsparty: strikes, work stoppages, power blackoutsshortages of equipment, supplies or energy, war, insurrection, or unusually severe weatheracts of God or the public enemy. If Any delay resulting from any such cause shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable; provided however, that (i) said causes shall not excuse payment of any amount due or owed at the time of such occurrence or payment of Annual License Fees, Annual Advertising Fees, Consumer Service Number Fees or other amounts due thereafter, (ii) the party asserting any such cause shall promptly commence and diligently pursue action to remedy its inability or failure to perform hereunder, and (iii) in no event shall said causes extend or excuse performance for more than one hundred twenty (120) days from the time of performance set forth in this License Agreement. The party asserting the existence of a Force Majeure Event force majeure condition under this Section XI.G. shall occur, the Party affected shall give prompt notice to promptly notify the other Party party in writing of such Force Majeure Event specifying the nature, date of inception occurrence and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event nature of any such excused delay cause and shall thereafter regularly inform the other party in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance writing of the original obligation(s) shall be extended by a term equal progress of actions to remedy the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay inability or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECperform hereunder.

Appears in 5 contracts

Samples: License Agreement (Dobson Sygnet Communications Co), License Agreement (Dobson Sygnet Communications Co), One License Agreement (Dobson Sygnet Communications Co)

Force Majeure. Neither Party shall be responsible for any delay or failure in In the event that performance of any part the obligations of this Agreement (other than obligations to make money paymentsa Party hereunder are prevented by events beyond their reasonable control, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Partyincluding, including acts of naturebut not limited to, acts of God, regulations or acts of civil or military any governmental authority, any lawwar, ordercivil commotion, regulation strikes, or ordinance of any government or legal body, embargoesother labor disturbances, epidemics, war, terrorist acts, riots, insurrections, fires, explosionsfire, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, storms or unusually severe weather. If other catastrophes of a Force Majeure Event shall occursimilar nature, the affected Party affected shall give prompt notice to will promptly notify the other Party of such Force Majeure Event specifying event using the natureprocedure defined herein, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance the Parties shall be suspended relieved of their respective obligations hereunder to the extent that the performance of such obligations is actually prevented thereby. During the existence of any such condition, the affected Party is affected by such Force Majeure Event during shall, nevertheless, use its best efforts to remove the continuance cause thereof and/or be excused from such performance (and the other Party shall likewise be excused from resume performance of its obligations to the extent such Party’s obligations related to the performance so interfered with)hereunder. The affected Party shall use its reasonable efforts to avoid or remove the cause period of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended for the Party who is unable to perform due to Force Majeure reasons by a term period of time equal to the time lost by reason length of the delay and by period during which the Force Majeure reason exists or for a reasonable amount of time longer period if required to reconstruct network infrastructure or meet the requirements of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECStudy Protocol.

Appears in 5 contracts

Samples: Clinical Collaboration Agreement (Cyclacel Pharmaceuticals, Inc.), Strategic Collaboration Agreement (Nanobiotix S.A.), Strategic Collaboration Agreement (4D Pharma PLC)

Force Majeure. Neither 18.1 Except in relation to obligations pursuant to Clauses 4 and/or 5, neither Party shall be responsible for any delay liable to the other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected. The Party affected by such circumstances shall give prompt notice to promptly notify the other Party of in writing when such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation circumstances cause a delay or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such failure in performance (a “Delay”) and the other Party shall likewise be excused from performance of its obligations where they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay a Delay lasting for twenty six (26) weeks or more the non-affected Party shall have the right to terminate this Agreement immediately by notice in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECaffected Party.

Appears in 5 contracts

Samples: Agreement (Monopar Therapeutics), Agreement (Monopar Therapeutics), Agreement (Monopar Therapeutics)

Force Majeure. Neither Party shall be responsible for any 9.1 Any delay or failure in the performance of any part of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement (Agreement, and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions or boycotts; fires; explosions; floods; shortages of material or energy; or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause unforeseeable causes beyond the reasonable control and without the fault or negligence of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weatherthe party so affected. If a Force Majeure Event shall occur, the Party The party so affected shall give prompt notice to the other Party party of such Force Majeure Event specifying cause, and shall take whatever reasonable steps are necessary to relieve the nature, date of inception and expected duration effect of such Force Majeure Event, whereupon such obligation cause as rapidly as possible. If Seller’s performance is suspended in whole or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date part for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less more than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.thirty

Appears in 5 contracts

Samples: www.tekni-plex.com, tekni-plex.com, tekni-plex.com

Force Majeure. Neither The occurrence of an event which materially interferes ------------- with the ability of a Party shall be responsible for any delay to perform its obligations or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond duties hereunder which is not within the reasonable control of the Party affected or any of its Affiliates, not due to malfeasance by such PartyParty or its Affiliates, including acts and which could not with the exercise of naturedue diligence have been avoided (each, acts a "Force ----- Majeure Event"), including, but not limited to, an injunction, order or action ------------- by a Governmental Authority, fire, accident, labor difficulty, strike, riot, civil commotion, act of God, acts of civil inability to obtain raw materials, delay or military authority, any errors by shipping companies or change in law, ordershall not excuse such Party from the performance of its obligations or duties under this Agreement, regulation but shall merely suspend such performance during the continuation of the force majeure. The Party prevented from performing its obligations or ordinance duties because of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to promptly notify the other Party of the occurrence and particulars of such force majeure and shall provide the other Party, from time to time, with its best estimate of the duration of such Force Majeure Event specifying and with notice of the nature, date termination thereof. The Party so affected shall use Commercially Reasonable Efforts to avoid or remove such causes of inception and expected duration nonperformance as soon as is reasonably practicable. Upon termination of such the Force Majeure Event, whereupon such the performance of any suspended obligation or performance duty shall be suspended promptly recommence. The Party subject to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or shall not be excused from such performance (and liable to the other Party shall likewise be excused from performance for any direct, indirect, consequential, incidental, special, punitive, exemplary or other damages arising out of or relating to the suspension or termination of any of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) duties under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost Agreement by reason of the delay and by occurrence of a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operationsForce Majeure Event, the delaying provided such Party shall perform complies in all material respects with its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECunder this Section 18.3.

Appears in 5 contracts

Samples: Collaboration Agreement (Adolor Corp), Collaboration Agreement (Adolor Corp), Collaboration Agreement (Adolor Corp)

Force Majeure. Neither Party A “Force Majeure Event” shall be responsible for any delay or failure in performance of any part of this Agreement (other than obligations to make money paymentsinclude fire, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Partyflood, including acts of naturewindstorm, adverse weather conditions, emergencies, explosion, riot, war, sabotage, acts of God, acts of civil strikes or military authoritylabor slow-downs, any law, court injunction or order, regulation federal and/or state law or ordinance of any government regulation, delays by governmental authorities in approving license and permit requests necessary to the Project or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsin connection with the Work or the performance contemplated by this Agreement, or unusually severe weatherorder by any federal or state regulatory agency, or other similar causes beyond the affected Party’s reasonable control. Without limiting the foregoing, a “Force Majeure Event” shall also include unavailability of personnel, equipment, supplies, or other resources (“Resources”) due to diversion of such Resources for other utility-related duties in connection with an emergency, including, without limitation, storms or other adverse weather condition. If a Force Majeure Event shall occurshould occur and impair the ability of either or both Parties to perform its, the Party affected shall give prompt notice or their respective, obligations hereunder, then, to the other Party of extent affected by such Force Majeure Event specifying Event, the natureperformance of this Agreement, date with the exception of inception and expected payment obligations, shall be suspended for the duration of such Force Majeure Event. At the conclusion of a Force Majeure Event, whereupon such obligation or the price and time for performance under this Agreement shall be suspended adjusted as reasonably necessary to overcome the extent such Party is affected effect of the delay occasioned by such Force Majeure Event during Event. The foregoing notwithstanding and with the continuance thereof and/or be excused from exception of payment obligations, if, as the direct or indirect result of any Force Majeure Event, the Parties’ continued performance hereunder becomes irreparably impaired or prevented, the Parties may mutually agree to terminate this Agreement, in whole or in part, with no further obligation or liability; provided, however, that, notwithstanding any such performance (terminations, CHURCHVILLE shall pay the Company all of the Company’s costs and expenses incurred, and fees earned, up to the effective date of such termination. Within thirty Days after the termination of any delay occasioned by a Force Majeure Event, the affected Party shall give written notice to the other Party shall likewise be excused from performance of its obligations to specifying the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance estimated impact of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECdelay.

Appears in 5 contracts

Samples: Services Agreement, 2011 Construction Services Agreement, Services Agreement

Force Majeure. Neither Party shall party will be responsible for any delay or failure deemed in performance of any part default of this Agreement (other than obligations to make money paymentsthe extent that performance of its obligations, reimbursements or issue credits) resulting from attempts to cure any cause breach, are delayed or prevented by reason of circumstance beyond the its reasonable control of such Partycontrol, including without limitation fire, natural disaster, earthquake, accident or other acts of natureGod ("Force Majeure"), acts of God, acts of civil or military authority, any law, order, regulation or ordinance provided that the party seeking to delay its performance gives the other written notice of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying within 15 days after the naturediscovery of the Force Majeure, date of inception and expected duration of further provided that such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of party uses its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable good faith efforts to avoid or remove cure the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseForce Majeure. In the event of any such excused delay in the performance of If there is a Party’s obligation(s) under this AgreementForce Majeure, the due date time for the performance of the original obligation(s) shall or cure will be extended by for a term period equal to the time lost by reason duration of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereofForce Majeure. Upon the elimination of the delaying condition and to the extent the delaying condition was equally This Article shall not be applicable to its own operations, the delaying Party shall perform its any payment obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECeither party.

Appears in 4 contracts

Samples: Consulting Agreement (NYXIO TECHNOLOGIES Corp), Consulting Agreement (NYXIO TECHNOLOGIES Corp), Consulting Agreement (Universal Guardian Holdings Inc)

Force Majeure. Neither Party Should either PARTY be prevented from performing its obligations under this AGREEMENT by an event of force majeure, such as an earthquake, typhoon, flood, fire, act of war, act of the public enemy, act of terrorism, act of God or any other unforeseen event the happening and consequences of which are unpreventable and unavoidable, the prevented *Confidential Treatment Requested. PARTY shall be responsible notify the other PARTY by the most expedient means available (fax, telex or express mail being acceptable in any event) without any delay, and within fifteen (15) days thereafter provide detailed information of the events explaining the reason for any its inability to perform or delay or failure in performance of any all or part of this Agreement (other than AGREEMENT, and such PARTY’s obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall perform under this AGREEMENT will be deemed suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time period required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by remove the force majeure event. Neither PARTY shall lose any rights hereunder or be liable to the other PARTY for damages or losses on account of its failure to perform as a result of any such force majeure event; provided however, CBT agrees that either PARTY shall have the right to resume performance in a nondiscriminatory manner, and CBT agrees terminate this AGREEMENT if the force majeure event is not to favor its own restoration of Telecommunications Services above that of CLECremoved after [*].

Appears in 4 contracts

Samples: Supply Agreement (Corium International, Inc.), Supply Agreement (Corium International, Inc.), Supply Agreement (Corium International, Inc.)

Force Majeure. Neither Party Each party shall be responsible excused from performance for any delay period and to the extent that it is prevented from performing any obligation or failure service, in performance whole or in part, as a result of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause causes beyond the reasonable control and without the fault or negligence of such Party, including party and/or its subcontractors. Such acts of nature, shall include without limitation acts of God, strikes, lockouts, riots, acts of civil war or military authority, any law, order, regulation or ordinance of any government or legal body, embargoesterrorism, epidemics, wargovernmental regulations superimposed after the fact, terrorist acts, riots, insurrections, fires, explosionsfire, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a other natural disasters (the “Force Majeure Event shall occurEvents”). When such a cause arises, the Party affected Licensor shall give prompt notice to notify the other Party Licensee immediately in writing of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance its inability to perform; how it affects its performance, and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance anticipated duration of the original obligation(s) inability to perform. Delays in delivery or in meeting completion dates due to Force Majeure Events shall be extended by automatically extend such dates for a term period equal to the time lost by reason duration of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by such events, unless the force majeure event, CBT agrees State determines it to resume performance be in a nondiscriminatory manner, and CBT agrees not its best interest to favor its own restoration of Telecommunications Services above that of CLECterminate this Agreement.

Appears in 4 contracts

Samples: Service Agreement, Software License and Application Service Provider Agreement, rfps.its.ms.gov

Force Majeure. 9.1. Neither Party shall be responsible for any delay or failure in performance of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice liable to the other Party for failure of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a any obligations under this Agreement due to causes reasonably beyond its control including (i) war, insurrections, riots, explosions and inability to obtain raw materials due to then current market situations; (ii) natural disasters and acts of God, such as violent storms, earthquakes, floods and destruction by lightning; (iii) the intervention of any governmental authority or changes in relevant laws or regulations which restrict or prohibit either Party’s obligation(s) performance of its obligations under this Agreement or implementation of this Agreement; or (iv) strikes, the due date for the performance lock-outs and work-stoppages (each, an “Event of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereofForce Majeure”). Upon the elimination occurrence of an Event of Force Majeure, the affected Party shall notify the other Party as soon as reasonably possible of such occurrence, describing the nature of the delaying condition Event of Force Majeure and the expected duration thereof. Notwithstanding the foregoing, the Party receiving Services hereunder shall be under a continuing obligation to make payments for such Services which have already been supplied to the extent Party prior to the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event occurrence of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration an Event of Telecommunications Services above that of CLECForce Majeure.

Appears in 4 contracts

Samples: General Service Supply Agreement (Magnachip Semiconductor LLC), General Service Supply Agreement (MagnaChip Semiconductor LTD (United Kingdom)), General Service Supply Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Force Majeure. Neither Party shall be responsible for any delay In the event the DEVELOPER'S or failure in COUNTY'S performance of any part of this Agreement (other than obligations to make money payments, reimbursements DA is prevented or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts interrupted by consequent act of God, acts or of the public enemy, or national emergency, or a governmental restriction upon the use or availability of labor or materials, or civil insurrection, riot, racial or military authoritycivil rights disorders or demonstration, any lawstrike, orderembargo, regulation flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, sinkholes, earthquake, or ordinance other casualty, disaster, or catastrophe, or judgment, or a restraining order or injunction of any government court, the DEVELOPER or legal bodyCOUNTY shall not be liable for such nonperformance, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackoutsand the time of performance shall be extended for the number of days that the force majeure event prevents or interrupts the DEVELOPER'S or COUNTY'S performance of this DA as reasonably determined by the other party. This paragraph shall not apply to force majeure events caused by the DEVELOPER or under the DEVELOPER'S control, or unusually severe weathercaused by the COUNTY or under the COUNTY'S control, as applicable. If In the event that performance by the DEVELOPER or COUNTY of the commitments set forth in this DA shall be interrupted or delayed in connection with acquisition of necessary governmental permits or approvals for the construction of the Required Roadway Improvements and which interruption or delay is caused through no fault of the party with a Force Majeure Event delayed performance, then the party with a delayed performance shall occur, the Party affected shall give prompt notice submit documentation to the other Party of party regarding such Force Majeure Event specifying event for review and concurrence. If such documentation shows that such event(s) have taken place, then the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or party with a delayed performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and for such period of time as is reasonably necessary after such occurrence to remedy the other Party effects thereof, provided, however, in no event shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(sextension exceed three (3) under months. Any requested extensions beyond such three (3) month period may only be accomplished by an amendment to this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECDA.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Force Majeure. Neither Party None of the parties shall be responsible liable nor deemed to be in default for any delay or failure in performance under the Agreement nor other interruption of service deemed resulting, directly or indirectly, from acts of God, acts of public enemy, war, accidents, fires, explosions, hurricanes, floods, failure of transportation, or any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any similar cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseparty. In the event of any such excused delay in the performance that, as a result of a Party’s force majeure beyond the control of a party, it is determined by the other party (ies) for it to be impractical for it/them to perform it/their obligation(s) under this Agreement, then any party may, at its option, terminate the due date for Agreement after giving notice to the performance other parties. Nonetheless, the Operating District shall continue to provide programming and related services to any student who is participating in a Program under this Agreement at the time of termination of the original obligation(s) Agreement under the same terms and conditions that programming and related services are thereafter provided to students enrolled in the Operating District and the Resident District shall be extended by reimburse the Operating District for a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance participating student in a nondiscriminatory manner, and CBT agrees not to favor its own restoration manner consistent with the terms of Telecommunications Services above that Section 6 of CLECthis agreement unless the Districts otherwise agree.

Appears in 4 contracts

Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement

Force Majeure. Neither Party The parties agree to pursue the completion of the Railroad Project in accordance with the requirements of this Agreement. No party shall be held responsible to the other for any delay delays caused by Force Majeure events, and such delays shall not be deemed a breach or failure in performance of any part of default under this Agreement (other than obligations Agreement. In no event shall Force Majeure events excuse LICENSEE from its obligation to make money payments, reimbursements payment to RAILWAY in accordance with this Agreement. Further the parties agree that the resolution or issue credits) resulting from settlement of strikes or other labor disputes shall not be deemed to be within the control or reasonable control of the affected party. If any cause party is unable to complete work assigned to it due to a condition of Force Majeure or other conditions beyond the reasonable control of such Partysaid party, including acts then said party will diligently pursue completion of naturethe item that is delayed once said condition or conditions are no longer in effect. For purposes of this Agreement, Force Majeure events are defined as circumstances beyond a party’s reasonable control that delay performance and may include, but are not limited to, acts of God, actions or decrees of governmental bodies (beyond control of the parties), acts of civil or military authoritythe public enemy, any lawlabor disputes, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riotsfires, insurrections, fires, explosions, earthquakes, nuclear accidents, and floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

Force Majeure. Neither No Party shall be responsible for liable to any delay other Party or failure shall be in performance default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, accident, fire, wind, flood or because of any part act of this Agreement (God or other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other affected. The Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during circumstances shall promptly notify the continuance thereof and/or be excused from other Parties in writing when such circumstances cause a delay or failure in performance (“a Delay”) and the other Party shall likewise be excused from performance of its obligations when they cease to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceasedo so. In the event of any such excused delay in the performance of a Party’s obligation(sDelay lasting for four (4) under this Agreementweeks or more, the due date for non-affected Parties shall have the performance of the original obligation(s) shall be extended right to terminate this Agreement immediately by a term equal notice in writing to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECother Parties.

Appears in 4 contracts

Samples: www.myresearchproject.org.uk, www.myresearchproject.org.uk, www.myresearchproject.org.uk

Force Majeure. Neither Party Without prejudice to Clause 15.2, neither party shall have any liability under or be responsible deemed to be in breach of this Licence for any failure to perform any term or condition of this Licence which result from circumstances beyond the reasonable control of such party, including war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures or damage to or destruction of any network facilities not arising from an act or omission of such party or its employees or contractors (“Force Majeure Event”). Each party shall promptly notify the other party in writing of any Force Majeure Event which is causing delay or failure in performance of such party’s obligations under this Licence, or will or is likely to do so, including the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any part of its obligations under this Licence, and use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. Provided it has complied with Clause 16.2, if a party is prevented, hindered or delayed in or from performing any of its obligations under this Licence by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Agreement (other than obligations to make money payments, reimbursements Licence or issue credits) resulting from otherwise liable for any cause beyond such failure or delay in the reasonable control performance of such Party, including acts obligations. The time for performance of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weathersuch obligations shall be extended accordingly. If a Force Majeure Event shall occurprevents, hinders or delays the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from Affected Party’s performance of its obligations for a continuous period of more than 60 (sixty) days, the party not affected by the Force Majeure Event may terminate this Licence by giving 14 days’ written notice to the extent such Affected Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 4 contracts

Samples: Licence Agreement, Transformative Journals Agreement, Licence Agreement

Force Majeure. Neither Party shall be responsible liable or deemed to be in default for any delay or failure in performance of any part of this Agreement (other than obligations due to make money payments, reimbursements or issue credits) resulting from any cause causes beyond the reasonable control of such the Party, including such as: war, acts or threats of natureterrorism, civil disorders, acts of God, acts of civil or military authoritygovernment action; provided, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, that the affected Party affected shall give prompt notice to promptly notifies the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and its effects on the Parties Services to be performed hereunder. Financial difficulty shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of never be deemed a Party’s obligation(s) under this Agreement, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLEC.

Appears in 4 contracts

Samples: Master Services Agreement (Vivus Inc), Master Services Agreement (Vivus Inc), Services Agreement (Oramed Pharmaceuticals Inc.)

Force Majeure. Neither Party shall be responsible for any Any delay or failure in the performance of any part duties or obligations of either Party will not be considered a breach of this Agreement (other than obligations to make money payments, reimbursements if such delay is caused by any occurrence or issue credits) resulting from any cause contingency beyond the Party’s reasonable control of such Partycontrol, including acts of natureincluding, but not limited to, acts of God, acts weather, labor disputes and strikes, market shortage of civil or military authoritymaterials, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemicsriots, war, terrorist actsand governmental requirements (any such event, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event”), whereupon such obligation or performance shall be suspended to the extent provided that such Party is affected by such Force Majeure Event during uses reasonable efforts, under the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreementcircumstances, the due date for the performance of the original obligation(s) shall be extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in as soon as reasonably practicable. The obligations and rights of the Party so excused will be extended on a nondiscriminatory manner, and CBT agrees not day-to-day basis for the period of time reasonably necessary to favor its own restoration overcome the effects of Telecommunications Services above that the underlying cause of CLECthe delay.

Appears in 4 contracts

Samples: Concession Services Agreement, Repair and Reroof Agreement, Softball Tournament Organizer Agreement

Force Majeure. Neither Any delays in or failures of performance by either Party shall be responsible for any delay or failure in performance of any part of under this Agreement (other than obligations failure to make money payments, reimbursements or issue creditspay amounts due) resulting from any cause shall not be considered a breach of this Agreement if and to the extent caused by occurrences beyond the reasonable control of such Partythe Party affected, including acts of nature, but not limited to: acts of God, earthquake, new regulations or laws of any government, strikes or other concerted acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidentsworkers; fire, floods, work stoppagesexplosions; riots; wars; rebellion; and, power blackoutssabotage, or unusually severe weather. If a Force Majeure Event shall occur, the Party affected shall give prompt notice to the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is affected by such Force Majeure Event during the continuance thereof and/or be excused from such performance (and the other Party shall likewise be excused from performance of its obligations to the extent such Party’s obligations related to the performance so interfered with). The affected Party shall use its reasonable efforts to avoid or remove the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or cease. In the event of any such excused delay in the performance of a Party’s obligation(s) time for performances under this Agreement, the due date for the performance of the original obligation(s) Agreement shall be extended by a term equal to the time lost of delay reasonably occasioned by reason such occurrence. Each Party agrees to notify the other promptly of the delay and by a reasonable amount of time required to reconstruct network infrastructure any factor, occurrence or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable event coming to its own operations, the delaying Party shall perform attention that may affect its ability to meet its obligations at a performance level no less than that which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECunder this Agreement.

Appears in 4 contracts

Samples: Research, Development and License Agreement (Neose Technologies Inc), Research, Development and License Agreement (Neose Technologies Inc), Research, Development and License Agreement (Neose Technologies Inc)

Force Majeure. Neither Party shall be responsible for any delay or failure in performance In the event of any part of this Agreement (other than obligations to make money payments, reimbursements or issue credits) resulting from any cause beyond the reasonable control of such Party, including acts of nature, acts of God, acts of civil or military authority, any law, order, regulation or ordinance of any government or legal body, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, work stoppages, power blackouts, or unusually severe weather. If a either party being rendered unable by Force Majeure Event shall occurto perform any obligation required to be performed by them under the CONTRACT, the Party affected shall give prompt notice to relative obligation of the other Party of such Force Majeure Event specifying the nature, date of inception and expected duration of such Force Majeure Event, whereupon such obligation or performance shall be suspended to the extent such Party is party affected by such Force Majeure Event shall be suspended for the period during which such cause lasts. For the continuance thereof and/or purpose of this contract, the term Force Majeure means any cause or event, other than the unavailability of funds, whether similar to or different from those enumerated herein, lying beyond the reasonable control of, and unanticipated or unforeseeable by, and not brought about at the instance of, the Party claiming to be excused from affected by such event, or which, if anticipated or foreseeable, could not be avoided or provided for, and which has caused the non performance (or delay in performance. Without limitation to the generality of the foregoing, the term Force Majeure shall include natural phenomenon or calamities, earth quakes, typhoons, fires, wars declared or undeclared, hostilities, invasions, blockades, riots, strikes, insurrection and civil disturbances but shall not include unavailability of funds. Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid thereby, shall notify the other party in writing, the beginning of the cause amounting to Force Majeure as also the ending of the said cause by giving notice to the other party within 72 hours of the beginning and the other Party ending of the cause respectively. If deliveries are suspended by Force Majeure conditions lasting for more than 2 (two) months, DGH shall likewise be excused from performance have the option of canceling this CONTRACT in whole or part at its obligations to the extent such Party’s obligations related to the performance so interfered with)discretion without any liability at its part. The affected Party asserting the claim of Force Majeure shall use its have the burden of proving that the circumstances constitute valid grounds of Force Majeure and that such party has exercised reasonable diligence and efforts to avoid or remove remedy the cause of nonperformance and the Parties shall give like notice and proceed to perform with dispatch once the causes are removed or ceaseany alleged Force Majeure. In the event of any such excused delay in the performance of a Party’s obligation(s) under this Agreement, the due date Time for the performance of the original obligation(s) relative obligation suspended by Force Majeure shall be then stand extended by a term equal to the time lost by reason of the delay and by a reasonable amount of time required to reconstruct network infrastructure or of the components thereof. Upon the elimination of the delaying condition and to the extent the delaying condition was equally applicable to its own operations, the delaying Party shall perform its obligations at a performance level no less than that period for which it uses for its own operations. In the event of such performance delay or failure by CBT caused by the force majeure event, CBT agrees to resume performance in a nondiscriminatory manner, and CBT agrees not to favor its own restoration of Telecommunications Services above that of CLECcause lasts.

Appears in 4 contracts

Samples: dghindia.gov.in, www.dghindia.gov.in, www.dghindia.gov.in