Common use of Force Majeure Clause in Contracts

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1089 contracts

Samples: Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 805 contracts

Samples: Tips Vendor Agreement, Tips Vendor Agreement, Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended Acceptance of work by reason of Force MajeureTIPS Member When a Vendor performs services for a TIPS Member, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure Member will inspect the work for acceptance under the scope and terms in the PO. The TIPS Member will request any corrective actions that are required. Upon completion of these actions and not before, the TIPS Member will be obligated to fulfill for a Force Majeure eventcompensate the Vendor as agreed.

Appears in 95 contracts

Samples: Vendor Agreement, Vendor Agreement, Vendor Agreement, Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 73 contracts

Samples: Purchasing Cooperative Vendor Agreement, Cooperative Vendor Agreement, Cooperative and Vendor Agreement, General Information, And Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Contract, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 52 contracts

Samples: Price Agreement, Price Agreement, Price Agreement, Extension Agreement, Price Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 34 contracts

Samples: Cooperative Purchasing Agreement, Purchasing Agreement, Vendor Agreement, Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars cause of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor This Clause includes COVID-19 which is a Declared Pandemic and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventany future Declared Pandemics.

Appears in 16 contracts

Samples: Vendor Agreement, Vendor Agreement, 791 Purchasing Cooperative and Vendor Agreement, Vendor Agreement, Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the 8 of 11 inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended Acceptance of work by reason of Force MajeureTIPS Member When a Vendor performs services for a TIPS Member, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure Member will inspect the work for acceptance under the scope and terms in the PO. The TIPS Member will request any corrective actions that are required. Upon completion of these actions and not before, the TIPS Member will be obligated to fulfill for a Force Majeure eventcompensate the Vendor as agreed.

Appears in 12 contracts

Samples: Vendor Agreement, Tips Vendor Agreement, Vendor Agreement, Vendor Agreement, Vendor Agreement

Force Majeure. If by reason of In the event that a Party (the “Force MajeureMajeure Party”) is rendered unable, either party hereto shall be rendered unable wholly or in part part, by a Force Majeure event to carry out perform its obligations under this Agreement through no fault of its own Agreement, then such party Party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of such event of Force Majeure deliver to the event or cause relied upon. Upon delivering such notice, the obligation Counterparty written notice (a “Force Majeure Notice”) including full particulars of the affected partyForce Majeure event, so far as it is and the obligations of the Parties, to the extent they are affected by such the Force Majeure as describedevent, shall be suspended during for the continuance duration of any inability so caused. The Force Majeure Party shall identify in such Force Majeure Notice the approximate length of time that it believes in good faith such Force Majeure event shall continue. The Operator shall be required to pay any amounts accrued and due under this Agreement at the time of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchstart of the Force Majeure event. In the event that Vendor’s obligations are suspended by reason The cause of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall so far as possible be remedied with all reasonable efforts, except that no Party shall be compelled to resolve any strikes, lockouts or other industrial or labor disputes other than as it shall determine to be in its best interests. Prior to the legal responsibility of Vendor and the terms second (2nd) anniversary of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for Commencement Date, any suspension of the obligations of the Parties under this Section 11.1 as a result of a Force Majeure eventevent that adversely affects the Company’s ability to perform the services it is required to perform under this Agreement shall extend the Term for the same period of time as such Force Majeure event continues (up to a maximum of one year) unless this Agreement is terminated under in accordance with Section 2.4.

Appears in 11 contracts

Samples: Operation and Management Services and Secondment Agreement (PBF Holding Co LLC), Operation and Management Services and Secondment Agreement (PBF Logistics LP), Operation and Management Services and Secondment Agreement (PBF Logistics LP), Operation and Management Services and Secondment Agreement (PBF Logistics LP), Operation and Management Services and Secondment Agreement

Force Majeure. If either Midstream Co or Producer is rendered unable by reason an event of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out out, in whole or part, its obligations under this Agreement through no fault and such Party gives notice (which notice may initially be delivered orally so long as written notice is delivered as soon as reasonably practicable thereafter) and reasonably full details of its own then such party shall give notice the event (including the nature, extent, effect, and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence likely duration of the event or cause relied upon. Upon delivering circumstances constituting the Force Majeure event) to the other Party as soon as practicable after the occurrence of the event, then, during the pendency of such noticeForce Majeure, but only during that period, the obligation obligations of the affected party, so far as it is Party affected by such the event shall be canceled or suspended, as applicable, to the extent required; provided, however, that notwithstanding anything in the foregoing to the contrary, no Party shall be relieved from any indemnification obligation or any obligation to make payments, as the result of Force Majeure, regardless of which Party is affected; provided further that if the Force Majeure as describedimpacts only a particular Facility Segment or Individual System, then the suspension of obligations described in this sentence shall be suspended during apply only to the continuance applicable Facility Segment or Individual System and not to the obligations owing in connection with the rest of the inability then claimed but for no longer period, and such party System. The Party affected by Force Majeure shall endeavor use commercially reasonable efforts to remove or overcome such inability remedy the Force Majeure condition with all reasonable dispatch. In , shall give notice to the event that Vendor’s obligations are suspended by reason other Party of the termination of the Force Majeure, all TIPS Sales accepted prior to the and shall resume performance of any suspended obligation promptly after termination of such Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventMajeure.

Appears in 10 contracts

Samples: Oil Gathering Agreement (Noble Midstream Partners LP), Texas Agreement (Noble Midstream Partners LP), Texas Agreement (Noble Midstream Partners LP), Agreement Terms and Conditions (Noble Midstream Partners LP), Agreement Terms And (Noble Midstream Partners LP)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor This Clause includes COVID-19 which is a Declared Pandemic and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventany future Declared Pandemics.

Appears in 10 contracts

Samples: Purchasing Cooperative and Vendor Agreement, Vendor Agreement, Purchasing Cooperative and Vendor Agreement, Cooperative and Vendor Agreement, Purchasing Cooperative and Vendor Agreement

Force Majeure. If The failure of either of the Parties to perform any obligation under this Agreement solely by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part any cause beyond its control (and due to carry out its obligations under this Agreement through no fault of its own then such party own), including, without limitation, acts of God, acts of government, riots, wars, strikes and accidents in transportation (“Force Majeure Event”), shall not be deemed to be a breach of this Agreement; provided, however, that the Party so prevented from complying herewith shall continue to take all actions within its power to comply as fully as possible herewith. A Party whose performance is affected by a Force Majeure Event shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable Party, stating the period of time after the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchEvent. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to During the Force Majeure event shall be Event, the legal responsibility of Vendor and non-affected Party may similarly suspend its performance obligations until such time as the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventaffected Party resumes performance.

Appears in 10 contracts

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

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s 's obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s 's failure to fulfill for a Force Majeure event.

Appears in 8 contracts

Samples: Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Vendor Agreement, Tips Vendor Agreement

Force Majeure. If 7.1. In the event a Party is rendered unable, wholly or in part, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault Agreement, other than the obligation to make any payments due hereunder, the obligations of its own then such party that Party, so far as they are affected by Force Majeure, shall give notice be suspended from the inception and full particulars during the continuance of the inability, and the cause of the Force Majeure, as far as possible, shall be remedied with commercially reasonable diligence. The Party affected by Force Majeure in writing to shall provide the other party Party with written notice of the Force Majeure event, with reasonably full detail of the Force Majeure within a reasonable time after the affected Party learns of the occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event. The settlement of strikes, lockouts, and other labor difficulty shall be entirely within the discretion of the Party having the difficulty and nothing herein shall require the settlement of strikes, lockouts, or other labor difficulty.

Appears in 8 contracts

Samples: Storage and Loading Agreement (Markwest Energy Partners L P), Transportation and Fractionation Agreement (Markwest Energy Partners L P), Storage and Loading Agreement (Markwest Energy Partners L P), Storage and Loading Agreement (Markwest Energy Partners L P), Gas Liquids Purchase Agreement (Markwest Energy Partners L P)

Force Majeure. If In the event either Party hereto is rendered unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then Agreement, such party Party shall promptly give written notice and full reasonably complete particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence Party stating the obligation(s) the performance of which are, or are expected to be, delayed or prevented. Notwithstanding anything herein to the contrary, the obligations of the notifying Party shall be suspended during and to the extent affected by Force Majeure and such event or cause relied upon. Upon delivering such notice, the obligation of the affected partyshall, so far as it is affected by such Force Majeure as describedpossible, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 8 contracts

Samples: Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Heron Lake BioEnergy, LLC), Take Agreement (Lincolnway Energy, LLC)

Force Majeure. If either Party is rendered unable by reason an event of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out out, in whole or part, its obligations under this Agreement through no fault Agreement, then, for only the pendency of such Force Majeure, the Party affected by the event (other than the obligation to make payments then due or becoming due with respect to performance which occurred prior to the event) shall be temporarily relieved of its own then such party shall give notice and full particulars of obligations hereunder to deliver Power insofar as they are affected by Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, . The Party affected by an event of Force Majeure shall provide the other Party with written notice setting forth the full details thereof within two (2) Business Days after the occurrence of such event and such party shall endeavor to remove or overcome such inability with take all reasonable dispatch. In measures to mitigate or minimize the effects of such event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 7 contracts

Samples: Power Sales and Agency Agreement (Somerset Power LLC), Power Sales and Agency Agreement (Somerset Power LLC), Power Sales and Agency Agreement (Somerset Power LLC), Power Sales and Agency Agreement (Somerset Power LLC), Power Sales and Agency Agreement (Somerset Power LLC)

Force Majeure. If This Article 5 is the sole and exclusive excuse of performance permitted and all other excuses at law or in equity are waived to the extent permitted by reason of Force Majeurelaw. Except with respect to payment obliga­tions, in the event either party hereto shall be Party is rendered unable wholly or in part by Force Majeure to carry out its obligations under this Agreement through no fault of its own obligations, then upon such party shall give Party's giving notice and full particulars of describing such Force Majeure in writing to the other party within a reasonable time after occurrence Party as soon as practicable (to be confirmed in writing), to the extent affected, the obligations of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, notifying Party shall be suspended from the inception and during the continuance of the inability then claimed but for no longer period, and such party Force Majeure. The cause of the Force Majeure shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch. In diligence; provided, the event that Vendor’s obligations are suspended by reason Party notified of Force MajeureMajeure may, all TIPS Sales accepted prior without liability, take such action as it deems necessary at its expense for up to the entire period. The Parties agree that upon the expiration of the Force Majeure event both Buyer and Seller shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure obligated to fulfill for a Force Majeure eventperform hereunder.

Appears in 6 contracts

Samples: Gas Purchase Agreement, Gas Purchase Agreement, Gas Purchase Agreement, Gas Purchase Agreement, Gas Purchase Agreement

Force Majeure. If either Gatherer or Shipper is rendered unable by reason an event of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out out, in whole or part, its obligations under this Agreement through no fault of its own then and such party shall give Party gives notice and reasonably full particulars details of Force Majeure in writing the event to the other party within a reasonable time Party as soon as practicable after the occurrence of the event or cause relied upon. Upon delivering event, then, during the pendency of such noticeForce Majeure, but only during that period, the obligation obligations of the affected party, so far as it is Party affected by such the event shall be canceled or suspended, as applicable, to the extent required; provided, however, that notwithstanding anything in the foregoing to the contrary, neither Party shall be relieved from any indemnification obligation or any obligation to make payments, as the result of Force Majeure, regardless of which Party is affected. The Party affected by Force Majeure as described, shall be suspended during use commercially reasonable efforts to remedy the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability Force Majeure condition with all reasonable dispatch. In , shall give notice to the event that Vendor’s obligations are suspended by reason other Party of the termination of the Force Majeure, all TIPS Sales accepted prior to the and shall resume performance of any suspended obligation promptly after termination of such Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventMajeure.

Appears in 6 contracts

Samples: Gathering Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP), Devco    Noble Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP), Gathering Agreement (CONE Midstream Partners LP)

Force Majeure. If In the event either Party is unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure (as defined below) to carry out its obligations under this Agreement through no fault of its own then Agreement, it is agreed that on such party shall give Party’s giving notice in writing, or by telephone and full particulars of Force Majeure confirmed in writing writing, to the other party within a reasonable time Party as soon as possible after occurrence the commencement of such Force Majeure event, the obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent they are affected by such Force Majeure as describedMajeure, shall be suspended from the commencement of such Force Majeure and during the continuance remaining period of the inability then claimed such Force Majeure, but for no longer period, and such party Force Majeure shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch; provided, however, the obligation to make payments then accrued hereunder prior to the occurrence of such Force Majeure shall not be suspended and Producer shall remain obligated for any loss or expense to the extent otherwise provided in this Agreement. In The capitalized term “Force Majeure” as used in this Agreement shall mean events beyond the event that Vendor’s obligations are suspended by reason reasonable control and without the fault of the Party claiming Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility including acts of Vendor God, war, riots, insurrections, laws, proclamations, regulations, strikes of a regional or national nature, acts of terrorism, sabotage, and the terms acts of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventany government body.

Appears in 6 contracts

Samples: Corn Oil Marketing Agreement (Heron Lake BioEnergy, LLC), Distillers Grains Marketing Agreement (Lake Area Corn Processors LLC), Corn Oil Marketing Agreement (Lake Area Corn Processors LLC), Corn Oil Marketing Agreement (Heron Lake BioEnergy, LLC), Marketing Agreement (Highwater Ethanol LLC)

Force Majeure. If by reason of Force MajeureA. In the event either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, it is agreed that on such party shall give Party’s giving notice in writing, or by telephone and full particulars of Force Majeure confirmed in writing writing, to the other party within a reasonable time Party as soon as possible after occurrence the commencement of such Force Majeure event, the obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent they are affected by such Force Majeure as describedMajeure, shall be suspended from the commencement of such Force Majeure and during the continuance remaining period of the inability then claimed such Force Majeure, but for no longer period, and such party Force Majeure shall endeavor to remove or overcome such inability so far as possible remedied with all reasonable dispatch. In ; provided, however, the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted obligation to make payments then accrued hereunder prior to the occurrence of such Force Majeure event shall not be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventsuspended.

Appears in 5 contracts

Samples: Ethanol Marketing Agreement (Illini Bio-Energy, LLC), VBV Ethanol Marketing Agreement (Homeland Energy Solutions LLC), Ethanol Marketing Agreement (E Energy Adams LLC), Ethanol Marketing Agreement (Granite Falls Community Ethanol Plant LLC), Ethanol Marketing Agreement (Husker Ag LLC)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In Acceptance of work by TIPS Member When a Vendor performs services for a TIPS Member, the event TISP Member will inspect the work for acceptance under the scope and terms in the PO. The TIPS Member will request any corrective actions that Vendor’s obligations are suspended by reason required. Upon completion of Force Majeurethese actions and not before, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure Member will be obligated to fulfill for a Force Majeure eventcompensate the Vendor as agreed.

Appears in 5 contracts

Samples: Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.control

Appears in 5 contracts

Samples: Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement, Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered Party is permanently unable wholly or in part to carry out perform its obligations under this Agreement through no fault Contract by reason of its own then such party any Force Majeure, they shall give notice and full particulars of Force Majeure in writing to the other party Party within a reasonable time after occurrence fourteen (14) days of becoming aware of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such circumstances constituting Force Majeure as described, and the Parties shall be suspended during the continuance released from further performance of the inability then claimed but their obligations under this Contract for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to so long as the Force Majeure event continues. The Parties shall be use all reasonable endeavours to minimize the legal responsibility effect of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a any Force Majeure eventand any Party affected by any Force Majeure shall give notice to the other Party within three (3) days of them ceasing to be affected by the Force Majeure.

Appears in 5 contracts

Samples: www.unicef.org, www.unicef.org, www.unicef.org, www.unicef.org, www.unicef.org

Force Majeure. If by reason of Force Majeure, either party hereto shall be a Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own then Agreement, and if such party shall give Party gives notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Parties as promptly after the occurrence of the event or cause relied upon. Upon delivering such noticeon, the obligation of the affected partyParty, and only so far as and to the extent that it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but for no longer periodexcused from performance hereunder without liability; provided, and however, such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch. In Upon occurrence of the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior the affected Party, in addition to notifying the other Parties as provided above, shall as promptly as possible provide such Parties a written description of the Force Majeure, the cause thereof (to the extent known), the date the Force Majeure event shall be the legal responsibility of Vendor began, its expected duration and the terms an estimate of the TIPS Sale Supplemental specific relief requested or to be requested such Party. Furthermore, the Party affected by such Force Majeure shall use diligent efforts to reduce costs resulting from the occurrence of the Force Majeure, fulfill its performance obligations under this Agreement and otherwise mitigate the adverse effects of the Force Majeure. While the Force Majeure continues, the affected Party shall control Vendor’s failure give the other Parties regular updates of the information previously submitted. The affected Party shall also provide prompt written notice to fulfill for the other Parties of the cessation of the Force Majeure. Notwithstanding anything to the contrary contained herein, the occurrence of a Force Majeure eventshall not, however, excuse or delay any obligation to pay monies previously accrued and owing to another Party under this Agreement, or for the Party to perform any obligation under this Agreement not affected by the occurrence of the Force Majeure.

Appears in 4 contracts

Samples: Water Purchase Agreement, Water Purchase Agreement, Water Purchase Agreement, Water Purchase Agreement

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. The term “

Appears in 4 contracts

Samples: Participation Agreement (ERHC Energy Inc), Participation Agreement (ERHC Energy Inc), Participation Agreement (ERHC Energy Inc), Participation Agreement (ERHC Energy Inc)

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obliged to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. For the purposes of this Agreement, “

Appears in 4 contracts

Samples: Farmout Agreement (ERHC Energy Inc), Farmout Agreement, Farmout Agreement, Farmout Agreement (ERHC Energy Inc)

Force Majeure. A. If by reason of Force Majeure, either party hereto shall be rendered unable wholly unable, in whole or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, then such and in that event, said party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence thereafter giving the full particulars of such Force Majeure. The obligations of the event or cause relied upon. Upon delivering party so affected shall be thereupon suspended and such noticesuspension shall continue during the period in which such inability continues; provided, however, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such disabled party shall endeavor with all reasonable dispatch to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventan inability.

Appears in 4 contracts

Samples: Long Savannah Development Agreement, Long Savannah Development Agreement, Development Agreement, Development Agreement

Force Majeure. If by reason of Force Majeure, either Neither party hereto shall be rendered unable wholly liable to the other for failure to perform or delay in part to carry out performing its obligations under this Agreement through no fault by virtue of its own then such party shall give notice and full particulars the occurrence of an event of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchMajeure. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior the party affected shall promptly notify the other and shall exert commercially reasonable efforts to eliminate, cure or overcome such event and to resume performance of its obligations. In the event such Force Majeure affecting either party continues for more than thirty (30) days the party not subject of the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.may terminate this Agreement. "

Appears in 4 contracts

Samples: Confidential Treatment Requested (Boston Life Sciences Inc /De), Confidential Treatment Requested (Boston Life Sciences Inc /De), Agreement (Molecular Insight Pharmaceuticals, Inc.), Agreement (Molecular Insight Pharmaceuticals, Inc.)

Force Majeure. If by reason of Force Majeure, either Neither party hereto shall be rendered unable wholly liable for any delay or in part to carry out non-performance of its obligations under this the Agreement through no fault of its own then such party shall give notice and full particulars of due to causes beyond the delayed party’s reasonable control (“Force Majeure in writing Event”) subject to the affected party promptly notifying the other party within a reasonable time after in writing the nature and occurrence of the event or cause relied upon. Upon delivering such noticea Force Majeure Event and its likely duration, the obligation performance of the affected partyparties obligations, so far as it is to the extent affected by such the Force Majeure as describedEvent, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event period that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be Event persists, provided that if performance is not resumes within 30 days after that notice the legal responsibility of Vendor and other party may, by notice in writing, terminate the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventAgreement.

Appears in 3 contracts

Samples: www.ironmountain.ca, www.ironmountain.ca, solutions.ironmountain.com

Force Majeure. 18.1 If by any reason of Force Majeure, force majeure either party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault Agreement, other than the obligation of its own the Customer to make payments required under the terms hereof, then if such party parties shall give notice and full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering such noticeon, the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedforce majeure, shall be suspended during the continuance of the inability then claimed claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 3 contracts

Samples: An Agreement, An Agreement, An Agreement

Force Majeure. If any party is unable by reason of Force Majeure, either party hereto shall be rendered unable Majeure to carry out any of its obligations whether wholly or in part under this Agreement, the party so affected (the Affected Party) will immediately give notice to carry out the other party in writing of the Force Majeure specifying full particulars thereof whereupon its obligations will, to the extent to which they are affected by the Force Majeure, be suspended and the time prescribed under this Agreement for performing its obligations will be suspended, but for no longer period than the continuance of the Force Majeure. The party claiming Force Majeure will use all reasonable diligence to remove or overcome the conditions constituting Force Majeure and minimise the impact as quickly as possible. However, the other party may terminate this Agreement if the Affected Party's performance of its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of is materially affected by Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventlasting more than 60 days.

Appears in 3 contracts

Samples: Funding Agreement, Funding Agreement, Funding Agreement

Force Majeure. If 11.1 In the event either Party hereto is rendered unable, wholly or in part, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, upon such party shall give Party's giving notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Party after the occurrence of the event or cause relied upon. Upon delivering on, then the obligations of such noticeParty, other than the obligation of the affected partyto pay money due hereunder, so far insofar and only insofar as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, ; and such party shall endeavor to remove or overcome such inability cause shall, so far as reasonably possible, be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 2 contracts

Samples: Fractionation Agreement (Dynegy Energy Partners Lp), Fractionation Agreement (Dynegy Energy Partners Lp)

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. For the purposes of this Agreement, “

Appears in 2 contracts

Samples: Out Agreement (La Cortez Energy, Inc.), Farmout Agreement (Gulf United Energy, Inc.)

Force Majeure. (a) If by reason of Force Majeure, either party hereto shall be rendered unable the EchoStar Parties or ExpressVu is unable, wholly or in part part, to carry out its perform or comply with their respective obligations under this Agreement through hereunder, then all parties shall be relieved of liability and shall suffer no fault prejudice for failing to perform or comply during the continuance and to the extent of its own then such party shall give notice the inability so caused from and full particulars after the happening of the event of Force Majeure in writing provided that the party invoking Force Majeure gives to the other party within a reasonable time after occurrence prompt notice, written or oral (but if oral, promptly confirmed in writing) of such inability and reasonably full particulars of the event cause thereof. If notice is not promptly given then the parties shall only be relieved from such performance or cause relied upon. Upon delivering compliance from and after the giving of such notice, . The party invoking Force Majeure shall use all reasonable efforts to remedy the obligation of the affected partysituation and remove, so far as it is affected by such possible and with reasonable dispatch, the cause of its inability to perform or comply, provided, however, that settlement of strikes, lockouts and other industrial disturbances shall be wholly within the discretion of the party involved. The party invoking Force Majeure as describedshall give prompt notice of the cessation thereof. For greater certainty, if a party invokes Force Majeure to excuse it from performance of an obligation hereunder, the other party shall be suspended during the continuance relieved of the inability then claimed but for no longer period, and such party shall endeavor its obligation to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior make any payment to the party invoking Force Majeure event shall be the legal responsibility on account of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventsuch obligation which is not being performed.

Appears in 2 contracts

Samples: Rights and License Agreement, Agreement (Echostar Communications Corp)

Force Majeure. (a) If by reason an Event of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure causes a material adverse effect on a party's ability to carry out its obligations under this Agreement through no fault of its own then hereunder, other than the obligation to pay money, such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence prompt notice of the event or cause relied upon. Upon delivering such noticeEvent of Force Majeure with reasonably full particulars thereof, the obligation of the affected party, and any such obligations so far as it is they are affected by such Event of Force Majeure as described, shall be suspended during but not longer than the continuance of the inability then claimed but for no longer period, such Event of Force Majeure and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event further period thereafter as shall be reasonable in the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventcircumstances.

Appears in 2 contracts

Samples: Services and Supply Agreement (Neches River Holding Corp), Services and Supply Agreement (Clark Refining & Marketing Inc)

Force Majeure. If by reason of Force MajeureIn the event that either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by a Force Majeure event to carry out perform its obligations under this Agreement through no fault Agreement, then upon the delivery by such Party of its own then such party shall give written notice and full particulars of the Force Majeure event, including the approximate length of time such Party reasonably believes in writing to the other party good faith such Force Majeure event will continue, within a reasonable time after the occurrence of the Force Majeure event or cause relied upon. Upon delivering such noticeon, the obligation obligations of the affected partyParties (including payment), so far as it is to the extent they are affected by such the Force Majeure as describedevent, shall be suspended during for the continuance duration of any inability so caused. The cause of the inability then claimed but for no longer period, and such party Force Majeure event shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In Notwithstanding anything in this Agreement to the event that Vendor’s obligations are suspended by reason contrary, inability of a Party to make payments when due, be profitable or to secure funds, arrange bank loans or other financing, obtain credit or have adequate capacity or production (other than for reasons of Force Majeure, all TIPS Sales accepted prior to the ) shall not be regarded as Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventevents.

Appears in 2 contracts

Samples: Site Services Agreement (Delek Logistics Partners, LP), Site Services Agreement (Delek Logistics Partners, LP)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventreasonabledispatch.

Appears in 2 contracts

Samples: Vendor Contract, Vendor Contract

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep ail Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. The term “

Appears in 2 contracts

Samples: Participation Agreement (ERHC Energy Inc), Participation Agreement (ERHC Energy Inc)

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. The term "

Appears in 2 contracts

Samples: Participation Agreement (ERHC Energy Inc), Participation Agreement (ERHC Energy Inc)

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventaffected Party.

Appears in 2 contracts

Samples: Farmout Agreement, Farmout Agreement (Far East Energy Corp)

Force Majeure. (a) If by reason an Event of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure causes a material adverse effect on a party's ability to carry out its obligations under this Agreement through no fault of its own then Product Purchase Agreement, other than the obligation to pay money, such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence prompt notice of the event or cause relied upon. Upon delivering such noticeEvent of Force Majeure with reasonably full particulars thereof, the obligation of the affected party, and its obligations so far as it is they are affected by such Event of Force Majeure as described, shall be suspended during but not longer than the continuance of the inability then claimed but for no longer period, such Event of Force Majeure and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event further period thereafter as shall be reasonable in the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventcircumstances.

Appears in 2 contracts

Samples: Product Purchase Agreement (Neches River Holding Corp), Product Purchase Agreement (Clark Refining & Marketing Inc)

Force Majeure. If either party is unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out any of its obligations under this Agreement through no fault of its own then on such party shall give giving notice and full particulars of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, such obligations shall be suspended. Upon delivering such notice, “Force Majeure” shall include causes that are not reasonably within the obligation control of the affected party, party so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventaffected.

Appears in 2 contracts

Samples: General Terms, General Terms, General Terms and Conditions of Service

Force Majeure. If either Gatherer or Shipper is rendered unable by reason an event of Force Majeure to carry out, in whole or part, its obligations hereunder and such Party gives written notice and reasonably full details of the event to the other Party as soon as practicable after the occurrence of the event, then, during the pendency of such Force Majeure, either party hereto the obligations of the Party affected by the event shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of suspended. The Party affected by Force Majeure in writing shall use commercially reasonable efforts to remedy the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove condition or overcome such inability event with all reasonable dispatch. In , shall promptly give written notice to the event that Vendor’s obligations are suspended by reason other Party of the termination of the Force Majeure, all TIPS Sales accepted prior to and shall resume performance of any suspended obligation promptly after the end of such Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventMajeure.

Appears in 2 contracts

Samples: Gas Gathering Agreement (EQT Midstream Partners, LP), Gas Gathering Agreement (EQT Midstream Partners, LP)

Force Majeure. If by reason [Chinese translation] Should either Party be impeded wholly or in part from fulfilling any of its obligations under the Agreement for reasons of Force Majeure, either party hereto such obligation shall be rendered unable wholly or in part suspended to carry out its obligations under this Agreement through no fault the extent and for as long as such obligation is affected by Force Majeure and the impeded Party shall be entitled to such extension of its own then such party time as may be reasonably necessary. [Chinese translation] Either Party shall give notice notify the other Party of the existence and full particulars date of beginning of an event of Force Majeure in writing that is likely to impede its performance under the Agreement within 20 business days after having obtained knowledge of any such event. Either Party shall likewise advise the other party within a reasonable time after occurrence of the date when such event ended and shall also specify the re-determined time by which the performance of its obligations hereunder is to be completed. [Chinese translation] Project Proponent and Purchaser shall consult with each other with a view of determining any further appropriate action if a condition of Force Majeure is to continue after 20 business days from the date of giving notice thereof. [Chinese translation] Neither Party shall be liable for damages or cause relied upon. Upon delivering have the right to terminate this Agreement for any delay in performing hereunder if such noticedelay is caused by Force Majeure; provided, however, that the obligation non-impeded Party shall be entitled to terminate such part of the affected partyAgreement that remains unfulfilled, so far as it is affected by such if the condition of Force Majeure as described, shall be suspended during is to continue after 6 months from the continuance date of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchgiving notice thereof. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.[Chinese translation]

Appears in 2 contracts

Samples: Emission Reduction Purchase Agreement (Ecolocap Solutions Inc.), Emission Reduction Purchase Agreement (Ecolocap Solutions Inc.)

Force Majeure. (a) If the performance of any part of this Agreement by either Party is prevented, hindered or delayed by a reason of Force Majeure, either party hereto shall be rendered unable wholly or in part other than the obligation to carry out its obligations under this Agreement through no fault of its own pay money hereunder, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, Party’s performance so far as it is affected by such Force Majeure as described, shall be suspended excused during the continuance continuation of the inability then claimed but Force Majeure event. The Party rendered unable to perform hereunder, in full or in material part, promptly shall provide written notice to the other Party of the Force Majeure event and shall, as far as practicable, remedy the cause for no longer period, and such party shall endeavor to remove or overcome such inability the Force Majeure with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 2 contracts

Samples: Master Services Agreement (Mammoth Energy Services, Inc.), Master Services Agreement (Mammoth Energy Partners LP)

Force Majeure. If In the event either Party hereto is rendered unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or as defined in part Section 11.2, to carry out its obligations under this Agreement through no fault of its own then Agreement, such party Party shall promptly give written notice and full reasonably complete particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence Party stating the obligation(s) the performance of which are, or are expected to be, delayed or prevented. The obligations of the notifying Party shall be suspended during and to the extent affected by Force Majeure and such event or cause relied upon. Upon delivering such notice, the obligation of the affected partyshall, so far as it is affected by such Force Majeure as describedpossible, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 2 contracts

Samples: Corn Supply Agreement (Heron Lake BioEnergy, LLC), Biodiesel Sale and Purchase Agreement (Iowa Renewable Energy, LLC)

Force Majeure. (a) If by reason of a Force Majeure (as defined below), HTS or ABCN is unable, wholly or in part, to perform or comply with its respective obligations hereunder, then both parties shall be relieved of liability and shall suffer no prejudice for failing to perform or comply during the continuance and to the extent of the inability so caused from and after the happening of the event of Force Majeure, either provided that the party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of invoking the Force Majeure in writing gives to the other party within a reasonable time after occurrence prompt notice, written or oral (but if oral, promptly confirmed in writing) of such inability and reasonably full particulars of the event cause thereof. If notice is not promptly given then the parties shall only be relieved from such performance or cause relied upon. Upon delivering compliance from and after the giving of such notice, . The party invoking Force Majeure shall use all reasonable efforts to remedy the obligation of the affected partysituation and remove, so far as it is affected by such possible and with reasonable dispatch, the cause of its inability to perform or comply, provided, however, that settlement of strikes, lockouts and other industrial disturbances shall be wholly within the discretion of the party involved. The party invoking Force Majeure as describedshall give prompt notice of the cessation thereof. For greater certainty, if a party invokes Force Majeure to excuse it from performance of an obligations hereunder, the other party shall be suspended during the continuance relieved of the inability then claimed but for no longer period, and such party shall endeavor its obligation to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior make any payment to the party invoking Force Majeure event shall be the legal responsibility on account of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventsuch obligation which is not being performed.

Appears in 2 contracts

Samples: Rights and License Agreement, Rights and License Agreement (Echostar Communications Corp)

Force Majeure. If by reason (a) In the event of Force Majeureeither Contractor or Citizens being rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault Agreement, except payment of its own then money, it is agreed that upon such party shall give giving notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering on, then the obligations of the party giving such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In No event of Force Majeure shall cause the extension or have the effect of extending the term of this Agreement, and either party may give written notice of termination pursuant to Article 8 notwithstanding any event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered Party is permanently unable wholly or in part to carry out perform its obligations under this Agreement through no fault Contract by reason of its own then such party any Force Majeure, they shall give notice and full particulars of Force Majeure in writing to the other party Party within a reasonable time after occurrence fourteen (14) days of becoming aware of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such circumstances constituting Force Majeure as described, and the Parties shall be suspended during the continuance released from further performance of the inability then claimed but their obligations under this Contract for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to so long as the Force Majeure event continues. The Parties shall be use all reasonable endeavours to minimize the legal responsibility effect of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a any Force Majeure eventand any Party affected by any Force Majeure shall give notice to the other Party within three (3) days’ of them ceasing to be affected by the Force Majeure.

Appears in 2 contracts

Samples: www.unicef.org, www.unicef.org

Force Majeure. If Except for any obligations to make payments required under Article IV that are then already due and owing for Services rendered, no Party to this Agreement shall be liable for any failure to perform the terms of the Agreement effected by reason an Event of Force Majeure, either party hereto shall be rendered unable whether wholly or in part substantial part, during the occurrence of an Event of Force Majeure. The affected party’s performance shall be immediately excused only to carry out its obligations under the extent and for so long as it is prevented by such Event of Force Majeure; provided, that the party invoking this Agreement through no fault of its own then such party shall give provision has given notice and reasonably full particulars of such Event of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering such noticeon; provided, further, that the obligation affected party shall make reasonable efforts to prevent and to mitigate the effects of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance occurrence of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason Event of Force Majeure, all TIPS Sales accepted prior to the . If it is determined that an Event of Force Majeure event has occurred, then the affected party shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure entitled to fulfill suspend its performance under this Article VII for a Force Majeure eventno more than twelve (12) months.

Appears in 2 contracts

Samples: Landfill Gas Services Agreement (Ridgewood Electric Power Trust Iii), Landfill Gas Services Agreement (Ridgewood Electric Power Trust Iv)

Force Majeure. If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly in whole or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault Agreement, except for the payment of its own monies due, then such party Party shall give notice and to the other Party, in accordance with this Agreement, including reasonably full particulars of such Force Majeure in writing to the other party event within a reasonable time after it becomes aware of the occurrence of the event or cause relied upon. Upon delivering Force Majeure, and the obligations of such noticeParty, the obligation of the affected party, so far insofar as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during from the commencement of such Force Majeure through the continuance of the any inability then claimed so caused, but for no longer period, and such party Force Majeure shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason Any suspension of obligation for reasons of Force Majeure, all TIPS Sales accepted prior Majeure shall be proportional to the effect of such Force Majeure event shall be on the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventparticular obligation from which relief is sought.

Appears in 2 contracts

Samples: Transportation Service Agreement, Transportation Service Agreement, Transportation Service Agreement, Transportation Service Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be Party is rendered unable wholly by Force Majeure to carry out, in whole or in part to carry out part, its obligations under this Agreement through no fault of its own then and such party shall give Party gives written notice and full particulars details of Force Majeure in writing the event to the other party within a reasonable time Party as soon as practicable after the occurrence of the event or cause relied upon. Upon delivering such noticeevent, then during the obligation pendency of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the obligations of the Party affected by the event that Vendor’s obligations are suspended by reason (other than the obligation to make payments for amounts due at the time of the occurrence of the Force Majeure, all TIPS Sales accepted prior ) shall be suspended to the extent required. The Party affected by the Force Majeure event shall be use Commercially Reasonable Efforts to remedy the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventand to mitigate any delays caused by such Force Majeure.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Force Majeure. If by reason of Force Majeure, force majeure either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Agreement, then if such party shall give notice and full particulars of Force Majeure such force majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such noticeon, the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedforce majeure, shall be suspended during the continuance of the inability then claimed claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In If the event that Vendor’s results in an insurance claim and settlement is authorized, the settlement proceeds shall be in the name of the City and the name of the Township. The City and Township shall mutually determine if the City, the Township, or both shall be entitled to a share of the insurance proceeds. Force Majeure shall not relieve the Township of its obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to make payments to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventCity in accordance with this Agreement.

Appears in 2 contracts

Samples: Intergovernmental Retail Water Service Agreement, Retail Water Service Agreement

Force Majeure. If by reason of Force MajeureIn the event SWEPCO or SABINE is rendered unable, either party hereto shall be rendered unable wholly or in part part, by "Force Majeure" as hereinafter defined to carry out any of its obligations under this Agreement through no fault of its own then Agreement, and if such party shall (within two [2] Business Days after the declaring party is aware of the occurrence of such "Force Majeure" relied upon) give the other party concerned written notice and full particulars of such "Force Majeure in writing to Majeure", then the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering party giving such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, notice shall be suspended during to the continuance extent made necessary by such "Force Majeure" from the inception of the inability then claimed "Force Majeure" and during its continuance, but for no longer periodlonger; provided, however, that the party giving such notice shall diligently use its best efforts to eliminate the cause and effect of such party shall endeavor to remove or overcome such inability "Force Majeure" insofar as possible with all reasonable dispatch. In Any deficiencies in the event that Vendor’s obligations are suspended production or delivery of lignite hereunder caused by reason of "Force Majeure, all TIPS Sales accepted prior to " shall not be made up under the Force Majeure event shall be the legal responsibility provisions of Vendor and the terms of the TIPS Sale Supplemental this Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventexcept by mutual agreement.

Appears in 2 contracts

Samples: Lignite Mining Agreement (Nacco Industries Inc), Confidential Treatment (Nacco Industries Inc)

Force Majeure. 14.1 If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly or in part by Force Majeure, to carry out its obligations under this Agreement through no fault of its own Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation obligations of the affected partyParty, except for payment due, so far as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period. Such cause shall, and such party shall endeavor to remove or overcome such inability the extent possible, be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended The affected Party shall give notice and full particulars of such Force Majeure in writing by reason of Force Majeure, all TIPS Sales accepted prior mail or telecopy or other electronic facility to the Force Majeure event shall be other Party as soon as practicable after the legal responsibility of Vendor and the terms occurrence of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventcause relied on.

Appears in 2 contracts

Samples: Gathering and Processing Agreement (Eagle Rock Energy Partners L P), Gathering and Processing Agreement (Eagle Rock Energy Partners L P)

Force Majeure. If by reason of Force Majeure10.1 In the event either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, it is agreed that upon such party shall give Party's giving notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Party after the occurrence of the event or cause relied upon. Upon delivering on, then the obligations of the Party giving such notice, the obligation of the affected party, so far as it is and to the extent that they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended This Agreement shall not be terminated by reason of Force Majeureany such cause, all TIPS Sales accepted prior to the Force Majeure event but shall be the legal responsibility of Vendor remain in full force and the terms of the TIPS Sale Supplemental effect, and this Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventnot be extended regardless of such curtailment or cessation.

Appears in 2 contracts

Samples: Feedstock and Refinery Product Master Services Agreement (Dynegy Energy Partners Lp), Master Services Agreement (NGC Corp)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event This shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for include a Force Majeure eventdeclared pandemic like Covid-19.

Appears in 2 contracts

Samples: Cooperative and Vendor Agreement, Cooperative and Vendor Agreement

Force Majeure. If by reason of Force Majeure, either any party hereto shall be is rendered unable wholly or in part partially unable by Force Majeure to carry out its obligations under this Agreement through no fault (with the exception of its own then such payment obligations), and if that party shall give gives prompt notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such noticeparty, the obligation of the affected party, so far as it is affected by such Force Majeure as described, notifying party shall be suspended excused from performance of its obligations hereunder during the continuance of the any inability then claimed so caused, but for no longer period. Such cause shall be remedied by the notifying party as far as possible with reasonable speed and effort, and but such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.have no obligation to

Appears in 2 contracts

Samples: Foundry Agreement (Pixelplus Co., Ltd.), Foundry Agreement (Pixelplus Co., Ltd.)

Force Majeure. 14.1 If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part by Force Majeure, to carry out its obligations under this Agreement through Agreement, then the obligations of the affected party, except for payment due, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused, but for no fault of its own then such longer period. Such cause shall, to the extent possible, be remedied with all reasonable dispatch. The affected party shall give notice and full particulars of such Force Majeure in writing by mail or telecopy or other electronic facility to the other party within a reasonable time as soon as practicable after the occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventon.

Appears in 2 contracts

Samples: Gas Gathering Agreement (Markwest Energy Partners L P), Gas Gathering Agreement (Markwest Hydrocarbon Inc)

Force Majeure. If by reason of Force Majeure, (a) In the event that either party hereto shall be Party is rendered unable wholly or in part by Force Majeure to carry out its obligations under this Agreement through no fault Agreement, other than the obligation to make payment of its own then such party shall give notice amounts accrued and full particulars of Force Majeure in writing to due hereunder, the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, Party so far as it is they are affected by such Force Majeure as described, shall be suspended during the continuance of such inability to perform, provided that the inability then claimed affected Party gives proper notice, but for no period longer period, and than the continuation of the inability to perform caused by such party shall endeavor Force Majeure; such cause to remove or overcome such inability be remedied with all reasonable dispatch. In Proper notice shall be written notice delivered electronically or otherwise that describes the event that Vendor’s obligations are suspended by reason full particulars of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event event. The settlement of strikes or other labor disturbances shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendorin a Party’s failure to fulfill for a Force Majeure eventsole discretion.

Appears in 2 contracts

Samples: Sunrise Expansion Precedent Agreement (EQT Midstream Partners, LP), Sunrise Expansion Precedent Agreement (EQT Midstream Partners, LP)

Force Majeure. If Any failure or delay by reason Streamline or Genco in the performance of its obligations pursuant to this Agreement shall not be deemed a default of this Agreement or a ground for termination hereunder (except as provided in this ss.14.01) if such failure or delay is caused by a Force MajeureMajeure Event, either could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party hereto through the use of alternate sources, workaround plans, or other commercially reasonable means. Upon the occurrence of a Force Majeure Event, the non-performing party shall be rendered unable wholly or in part to carry out excused from any further performance of its obligations under pursuant to this Agreement through no fault of its own then affected by the Force Majeure Event for as long as (1) such Force Majeure Event continues and (2) such party shall give notice continues to use commercially reasonable efforts to recommence performance whenever and full particulars of to whatever extent possible without delay. The party delayed by a Force Majeure in writing to Event shall immediately notify the other party by telephone (to be confirmed in a notice within a reasonable time after one Business Day of the inception of such delay) of the occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such a Force Majeure as described, shall be suspended during Event and describe in reasonable detail the continuance nature of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventEvent.

Appears in 2 contracts

Samples: Agreement (Streamline Com Inc), Agreement (Streamline Com Inc)

Force Majeure. If by reason of Force MajeureIn the event that any party is rendered unable, either party hereto shall be rendered unable wholly ------------- or in part to carry out part, by a Force Majeure event from performing its obligations under this Agreement through no fault for a period of its own then such party shall give more than 30 days, the parties agree that upon the delivery of notice and full particulars of the Force Majeure event in writing to the other party within a reasonable time after the occurrence of the Force Majeure event or cause relied upon. Upon delivering such noticeon, the obligation obligations of the affected partyparties, so far as it is they are affected by such the Force Majeure as describedevent, shall be suspended during the continuance of any inability so caused. Any suspension of the inability then claimed but for no longer period, obligations of the parties as a result of this Section 3(d) shall not extend the term of this Agreement. Sunoco R&M will be required to pay any amounts accrued and such party shall endeavor to remove or overcome such inability with all reasonable dispatchdue under this Agreement at the time of the Force Majeure event. In the event that Vendor’s obligations are suspended by reason The cause of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall so far as possible be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement remedied with all reasonable dispatch, except that no party shall control Vendor’s failure be compelled to fulfill for a Force Majeure eventresolve any strikes, lockouts or other industrial disputes other than as it shall determine to be in its best interests.

Appears in 1 contract

Samples: Storage and Throughput Agreement (Sunoco Logistics Partners Lp)

Force Majeure. If by reason of Force Majeure, either party hereto shall Should any Party be rendered unable wholly prevented from performing in whole or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing (other than any obligation to the other party within a reasonable time after occurrence of the pay money) due to an event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior the affected Party shall promptly notify the other Parties in writing, providing in writing a detailed description of such event of Force Majeure, the reason for its inability to perform or its delay in performance, the anticipated duration of such event of Force Majeure event shall be or the legal responsibility of Vendor effect thereof, and the terms actions required by the affected Party to correct the problems caused by such event of Force Majeure. A Party so affected by Force Majeure shall use every reasonable effort to minimize the effects of Force Majeure upon the performance of this Agreement and shall promptly resume performance as soon as reasonably possible after removal of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a circumstances of Force Majeure eventMajeure.

Appears in 1 contract

Samples: Shareholders Agreement (Trico Marine Services Inc)

Force Majeure. If (a) If, by reason reasons of Force Majeure, either any party hereto shall will be rendered unable wholly or in part partially unable to carry out its obligations under this Agreement through no fault of after its own effective date, then such party shall will give written notice and full of the particulars of such Force Majeure in writing to the other party or parties within a reasonable time after the occurrence of it. They will suspend the event or cause relied upon. Upon delivering obligations of the party giving such notice, to the obligation of the affected party, so far as it is extent affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but and for no longer period, and any such party shall endeavor will in good faith exercise its best efforts to remove or and overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventinability.

Appears in 1 contract

Samples: Wastewater Pump and Haul Agreement

Force Majeure. If by reason of Force Majeure, 11.1 In the event that either party hereto shall be rendered unable wholly or in part to carry is prevented from carrying out its material duties and obligations under this Agreement through no hereunder by the occurrence of an event beyond the control of and not the fault of its own then such party ("Force Majeure"), then the affected party shall promptly give notice and notice, full particulars and remedial actions being taken to correct such event of Force Majeure in writing to the other party within a reasonable time after occurrence and the affected party shall take all steps reasonably necessary to correct the condition causing the Force Majeure. The party receiving notice of the event or cause relied upon. Upon delivering such noticeof Force Majeure shall have the right, to terminate this Agreement if the obligation event of Force Majeure continues for ninety (90) days, upon giving the affected partyparty thirty (30) days written notice to such effect, so far as it unless the affected party is affected by such able to resolve the condition of Force Majeure as described, shall be suspended during the continuance and resume performance of the inability then claimed but for no longer its duties hereunder within such thirty (30) day period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In no event shall the failure to pay sums of money due and owing hereunder be excused by any event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Fuel Supply Management Agreement (Panda Interfunding Corp)

Force Majeure. If by reason as a result of Force MajeureMajeure any Concessionaire is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due or furnish Security, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Concessionaire giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter for the inability then claimed Concessionaire to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Concessionaire claiming Force Majeure shall notify the other Concessionaires of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Concessionaires informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Concessionaire will probably require to remedy the Force Majeure. The affected Concessionaire shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in an economic manner but shall not be obligated to settle any labour dispute except on terms acceptable to it, and all such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventaffected Concessionaire.

Appears in 1 contract

Samples: Joint Operating Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Contract, other than to make payment, such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time of the full particulars of such Force Majeure as soon as possible after the occurrence of the event or cause relied uponsuch Force Majeure. Upon delivering such occurrence, the obligations of the party giving notice, the obligation of the affected party, so far insofar as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused but for no longer period, period and such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior dispatch to the Force Majeure event shall extent possible, except that any labor disturbance may be settled solely at the legal responsibility of Vendor and the terms discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventparty directly affected thereby.

Appears in 1 contract

Samples: puc.sd.gov

Force Majeure. If by reason of Force MajeureMajeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either party Party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own then such party Party shall give notice and full particulars of the Force Majeure event, in writing writing, to the other party Party, within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyParty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but for no longer periodclaimed, and such party Party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Interlocal Participation Agreement

Force Majeure. If by reason of Force Majeure, either Each party hereto shall be rendered unable wholly or in part to carry out excused from the performance of its obligations under hereunder in the event performance of this Agreement through no fault of its own then such party shall give notice and full particulars of is prevented by Force Majeure in writing to and such excuse shall continue as long as the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by condition constituting such Force Majeure as described, continues; provided that the affected party shall be suspended during promptly notify the continuance non-affected of the inability then claimed but for no longer periodForce Majeure condition and shall exert Commercially Reasonable Efforts to eliminate, cure or overcome any such causes; and such further provided that the affected party shall endeavor continue to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior perform to the extent feasible in view of such Force Majeure event. If such Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill continue for a Force Majeure eventperiod of six (6) months or more, then the non-affected party shall have the right to terminate this Agreement upon written notice to the affected party.

Appears in 1 contract

Samples: Manufacturing Agreement (Silverback Therapeutics, Inc.)

Force Majeure. 21.1 If by reason at any time during the course of the Project it becomes impossible for either Party to perform any or all of their obligations for reasons of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party Majeure that Party affected by the Force Majeure shall give to the other Party notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventoccurrence.

Appears in 1 contract

Samples: Project Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.A “

Appears in 1 contract

Samples: General Information

Force Majeure. If by reason Ifbyreason of Force Majeure, either party hereto shall be rendered unable wholly or in part eitherpartyhereto shallbe renderedunable whollyorinpart to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its rights or obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence rights or obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the rights or obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to put itself in the same position that it occupied prior to the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.sole

Appears in 1 contract

Samples: Sale and Purchase Agreement (Kosmos Energy Ltd.)

Force Majeure. If by reason If, as a result of an event of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the Agreement, other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, than the obligation to pay any amounts due or to furnish security, then the obligations of the affected partythat Party, so far as it is and to the extent that the obligations are affected by such event of Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, and such party . The Party claiming Force Majeure shall endeavor to remove or overcome such inability with all reasonable dispatch. In notify the event that Vendor’s obligations are suspended by reason other Parties of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be situation within a reasonable time after the legal responsibility of Vendor and the terms occurrence of the TIPS Sale Supplemental Agreement cause relied on and shall control Vendor’s failure to fulfill for a Force Majeure event.keep the other Parties timely informed of all significant

Appears in 1 contract

Samples: Joint Value Enhancement Agreement (Gasco Energy Inc)

Force Majeure. If If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Agreement (Micro Media Solutions Inc)

Force Majeure. If by reason of Force Majeure14.1 In the event either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, it is agreed that upon such party shall give Party's giving notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Party after the occurrence of the event or cause relied upon. Upon delivering on, then the obligations of the Party giving such notice, the obligation of the affected party, so far as it is and to the extent that they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended This Agreement shall not be terminated by reason of any such cause, but shall remain in full force and effect, and this Agreement shall not be extended regardless of such curtailment or cessation. If an event of Force MajeureMajeure results in substantial interference with a Party's performance hereunder and such condition continues for six (6) consecutive Months or longer, all TIPS Sales accepted prior the other Party shall have the right to terminate this Agreement upon sixty (60) Days written notice to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventother.

Appears in 1 contract

Samples: Product Sale and Purchase Agreement (NGC Corp)

Force Majeure. If (a) An obligation of a party hereunder shall be temporarily suspended during the period in which such party is unable to perform such obligation by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of a Force Majeure Event (as defined below), but only to the extent of such inability to perform. Immediately following the occurrence of a Force Majeure Event, a party asserting a suspension of obligations in writing to connection therewith shall notify the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such noticeevents giving rise to the assertion, the obligation estimated period of suspension and the affected party, so far as it is affected degree of disruption of operations. Such notice shall be by the most rapid and effective means available under the circumstances. No Force Majeure Event shall relieve either party from those of its obligations that are not suspended by such Force Majeure as described, shall be suspended during Event and the continuance obligations of the inability then claimed but for no longer period, and such party shall endeavor parties to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended perform as provided by reason of Force Majeure, all TIPS Sales accepted prior to this Agreement through facilities not affected by the Force Majeure event Event shall be continue. The parties shall use reasonable efforts to resume normal performance under this Agreement after the legal responsibility occurrence of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a any Force Majeure eventEvent. Prior to such resumption, the parties shall perform their respective obligations to the extent practicable. In any of such cases, the parties shall use all reasonable efforts to mitigate any damage resulting therefrom.

Appears in 1 contract

Samples: Standard Production Agreement (International Spirits & Beverage Group, Inc.)

Force Majeure. 14.1 If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly or in part by Force Majeure, to carry out its obligations under this Agreement through no fault of its own Agreement, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation obligations of the affected partyParty, except for any payments due in accordance with this Agreement, so far as it the performance of such obligations is affected prevented or delayed by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period. Such cause as well as its impacts shall, and such party shall endeavor to remove or overcome such inability the extent possible, be remedied and/or mitigated with all reasonable dispatch. In the event that Vendor’s obligations are suspended The affected Party shall give notice and full particulars of such Force Majeure in writing by reason of Force Majeure, all TIPS Sales accepted prior mail or telecopy or other electronic facility to the Force Majeure event shall be other Party as soon as practicable after the legal responsibility of Vendor and the terms occurrence of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventcause relied on.

Appears in 1 contract

Samples: Gathering and Processing Agreement (Markwest Energy Partners L P)

Force Majeure. a) If by reason of Force Majeure, either party hereto shall be in good faith is rendered unable wholly or in part partially unable by Force Majeure to carry out its obligations under this Agreement through no fault of its own then such Agreement, and if that party shall give gives prompt written notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, that party shall be suspended excused from performance of its obligations during the continuance of the inability then claimed any inability, but for no longer period, and such party . Such cause shall endeavor to remove or overcome such inability be remedied as fast as possible with all reasonable dispatchspeed, and with all reasonable efforts, and notice shall be given when the cause is remedied. In During the event that Vendor’s obligations are suspended by reason period of any Force Majeure, all TIPS Sales accepted prior the parties shall cooperate to perform under this Agreement to the Force Majeure event shall be the legal responsibility of Vendor and the terms best of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventparties' ability.

Appears in 1 contract

Samples: Agreement (Decora Industries Inc)

Force Majeure. If by reason of a Force MajeureMajeure Event either Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement through no fault of its own then Agreement, and if such party shall give Party gives notice and full particulars the details of such Force Majeure in writing writing, facsimile, or email to the other party Party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering on, the Party giving such notice, the obligation of the affected party, so far as it and to the extent that its performance is affected by such Force Majeure as described, shall be suspended Event and during the continuance of its inability to perform as a result of such Force Majeure Event, shall not be liable in damages; provided, however, that the inability then claimed but for no longer period, and Party claiming such party Force Majeure Event shall endeavor cause such Force Majeure Event to remove or overcome such inability be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Contract Operating Agreement (Cardinal Energy Group, Inc.)

Force Majeure. 9.1 If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, upon such party shall give Party giving notice and reasonably full particulars of such Force Majeure in writing to the other party Party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering such notice, the obligation obligations of the affected partysuch Party, upon giving said notice, so far as it is such Party’s ability to perform such obligations are materially affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed but for no longer periodso caused, and such party the cause of the Force Majeure as far as possible shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.The term "

Appears in 1 contract

Samples: Development Agreement (True North Energy CORP)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations under this Agreement are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and controlled by the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventAgreement.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party Partner hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party Partner within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventclaimed.

Appears in 1 contract

Samples: Joint Venture Agreement

Force Majeure. 10.1 If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own then Agreement, is agreed that upon such party shall give Party's giving notice and reasonably full particulars of such Force Majeure in writing to the other party within a reasonable time Party after the occurrence of the event or cause relied upon. Upon delivering on, then the obligations of the Party giving such notice, the obligation of the affected party, so far as it is to the extent that they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the any inability then claimed so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended Except as stated below, this Agreement shall not be terminated by reason of any such cause, but shall remain in full force and effect and this Agreement shall not be extended regardless of such curtailment or cessation. If any such cause results in substantial interference with a Party's performance of Services and such condition continues for six (6) months or longer, the other Party may terminate the affected Exhibit upon sixty (60) days prior written notice. The Party not declaring Force Majeure shall have the option to extent the Agreement for any periods of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: WPC Services Agreement (NGC Corp)

Force Majeure. If Except for payment obligations, if by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If Neither Client nor Consultant shall be liable for any delay or failure in the keeping or performance of its obligations under the Contract Documents during the time and to the extent that any such failure arises by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault . Upon the occurrence of its own then such party shall give notice and full particulars an event of Force Majeure in writing the party affected thereby shall promptly give written notice (setting forth full particulars) to the other party within and shall resume the keeping and performance of the respective obligation after the cause of Force Majeure has come to an end. If an event of Force Majeure occurs and continues for a reasonable time after period of 15 days from the date of occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as describedevent, the parties shall be suspended during meet and make reasonable efforts to resolve the continuance problem. During the existence of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the a Force Majeure event each party shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventbear its own costs resulting therefrom.

Appears in 1 contract

Samples: Services Agreement

Force Majeure. If If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Agreement, then such party shall give notice and full provide specific particulars of the Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In Choice of Law The Agreement between the event that Vendor’s obligations are suspended by reason of Force MajeureVendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, all TIPS Sales accepted prior to the Force Majeure event however described, shall be governed by, construed and enforced in accordance with the legal responsibility of Vendor and the terms laws of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventState of Texas, regardless of any conflict of laws principles.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Contract, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In This clause does not relieve the event that Vendor’s OETC Member from obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill pay for a Force Majeure eventproducts received or services performed.

Appears in 1 contract

Samples: Price Agreement

Force Majeure. If by reason of Force MajeureIn the event that any party is rendered unable, either party hereto shall be rendered unable wholly ------------- or in part to carry out part, by a Force Majeure event from performing its obligations under this Agreement through no fault for a period of its own then such party shall give more than 30 days, the parties agree that upon the delivery of notice and full particulars of the Force Majeure event in writing to the other party within a reasonable time after the occurrence of the Force Majeure event or cause relied upon. Upon delivering such noticeon, the obligation obligations of the affected partyparties, so far as it is they are affected by such the Force Majeure as describedevent, shall be suspended during the continuance of any inability so caused. Any suspension of the inability then claimed but for no longer period, obligations of the parties as a result of this Section 3(c) shall not extend the term of this Agreement. Sunoco R&M will be required to pay any amounts accrued and such party shall endeavor to remove or overcome such inability with all reasonable dispatchdue under this Agreement at the time of the Force Majeure event. In the event that Vendor’s obligations are suspended by reason The cause of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall so far as possible be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement remedied with all reasonable dispatch, except that no party shall control Vendor’s failure be compelled to fulfill for a Force Majeure eventresolve any strikes, lockouts or other industrial disputes other than as it shall determine to be in its best interests.

Appears in 1 contract

Samples: Storage and Throughput Agreement (Sunoco Logistics Partners Lp)

Force Majeure. If by reason of Force MajeureIn the event either Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault the Agreement, other than the obligation to make payments of its own then such party shall give notice and amounts due hereunder, it is agreed that upon notice, with reasonably full particulars of such Force Majeure in writing given by such Party to the other party Party in writing within a reasonable time frame after the occurrence of the event or cause relied upon. Upon delivering , then the obligation or obligations hereunder of the party giving such notice, the obligation of the affected party, so far as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the an inability then claimed but for no longer periodso caused. Such cause shall, and such party shall endeavor to remove or overcome such inability as far as possible, be remedied with all reasonable dispatch. In the event that Vendor’s obligations All deliveries of power which are suspended by reason of Force Majeure, all TIPS Sales accepted prior subject to the any such Force Majeure event shall may be the legal responsibility rescheduled by Seller, at Sellers option, upon a mutually agreeable schedule. X. Relocation of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.Power Lines

Appears in 1 contract

Samples: Power Put Agreement (Project Orange Capital Corp)

Force Majeure. If by reason as a result of Force MajeureMajeure any Party is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due or to furnish Security, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period afterwards as may be necessary for the inability then claimed Party to put itself in the same position that it occupied before the Force Majeure, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time that the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in an economic manner but shall not be obligated to settle any labor dispute except on terms acceptable to it, and all such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventaffected Party.

Appears in 1 contract

Samples: Joint Operating Agreement (Discovery Energy Corp.)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all in a commercially reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.manner..

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party Majeure any Party hereto shall will be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own Agreement, then if such party shall Party will give notice and full particulars of such Force Majeure in writing to the other party Parties within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering such noticeon, the obligation of the affected partyParty giving such notice, so far as it its performance is affected prevented by such Force Majeure as describedMajeure, shall will be suspended during the continuance of the inability then claimed claimed, but for no longer period, and any such party shall Party will endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.The term “

Appears in 1 contract

Samples: Funding and Management Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then Agreementthen such party shall give notice and full fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the affected partyparty giving such notice, so far as it is affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If (a) If, by reason reasons of Force Majeure, either any party hereto shall will be rendered unable wholly or in part partially unable to carry out its obligations under this Agreement through no fault of after its own effective date, then such party shall will give written notice and full of the particulars of such Force Majeure in writing to the other othe r party or parties within a reasonable time after the occurrence of it. They will suspend the event or cause relied upon. Upon delivering obligations of the party giving such notice, to the obligation of the affected party, so far as it is extent affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but and for no longer period, and any such party shall endeavor will in good faith exercise its best efforts to remove or and overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventinability.

Appears in 1 contract

Samples: Wastewater Pump and Haul Agreement

Force Majeure. If by reason of Force Majeureeither Party is rendered unable, either party hereto shall be rendered unable wholly in whole or in part part, by Force Majeure to carry out its obligations under this Agreement through no fault of its own obligations, then such party Party shall give notice and reasonably full particulars of such Force Majeure in writing or by facsimile or telephone to the other party Party within a reasonable time after it becomes aware of the occurrence of the event or cause relied upon. Upon delivering Force Majeure (to be followed by a written statement of such noticefull particulars as soon as practicable), and the obligation obligations of the affected partysuch Party, so far insofar as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during from the commencement of such Force Majeure through the continuance of the any inability then claimed so caused, but for no longer period, and such party Force Majeure shall endeavor to remove or overcome such inability so far as possible be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason Any suspension of obligation for reasons of Force MajeureMajeure shall be proportional to the effect of such Force Majeure on the particular obligation from which relief is sought, all TIPS Sales accepted and shall not relieve such Party from its obligation to make payments hereunder which were due prior to the such Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure eventMajeure.

Appears in 1 contract

Samples: Stipulation and Agreement

Force Majeure. If by reason as a result of Force Majeure, either party hereto shall be any Party is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own Agreement, other than the obligation to pay any amounts due, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence obligations of the event or cause relied upon. Upon delivering Party giving such notice, the obligation of the affected party, so far as it is and to the extent that the obligations are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of any inability so caused and for such reasonable period thereafter as may be necessary for the inability then claimed Party to carry out the affected obligation, but for no longer period, . The Party claiming Force Majeure shall notify the other Parties of the Force Majeure within a reasonable time after the occurrence of the facts relied on and such party shall endeavor keep all Parties informed of all significant developments. Such notice shall give reasonably full particulars of the Force Majeure and also estimate the period of time which the Party will probably require to remedy the Force Majeure. The affected Party shall use all reasonable diligence to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event situation as quickly as possible in a commercially reasonable manner but shall not be obligated to settle any labor dispute except on terms acceptable to it. All such disputes shall be handled within the legal responsibility of Vendor and the terms sole discretion of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.affected Party. For the purposes of this Agreement, “

Appears in 1 contract

Samples: Farmout Agreement (Discovery Energy Corp.)

Force Majeure. If 10.1 In the event a party is rendered unable, wholly or in part, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing Agreement, other than the obligation to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such noticemake any payments due hereunder, the obligation obligations of the affected that party, so far as it is they are affected by such Force Majeure as describedMajeure, shall be suspended during the continuance of the inability then claimed but for no longer periodinability, and such party the cause of the Force Majeure, as far as possible, shall endeavor to remove or overcome such inability be mitigated and remedied with all reasonable dispatch. In The party affected by Force Majeure shall provide the event that Vendor’s obligations are suspended by reason other party with written notice of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms event, with reasonably full detail of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for Force Majeure within a reasonable time after the occurrence of the Force Majeure event.

Appears in 1 contract

Samples: And Marketing Agreement (Markwest Energy Partners L P)

Force Majeure. If by reason of a Force Majeure, Majeure Event either party hereto shall be is rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement through no fault of its own then Agreement, and if such party shall give gives notice and full particulars the details of such Force Majeure in writing or by facsimile to the other party within a reasonable time after the occurrence of the event or cause relied upon. Upon delivering on, the party giving such notice, the obligation of the affected party, so far as it and to the extent that its performance is affected by such Force Majeure as described, shall be suspended Event and during the continuance of its inability to perform as a result of such Force Majeure Event, shall not be liable hereunder, including with respect to the inability then claimed but for no longer periodobligations set forth in Article VI, and K; provided, however, that the party claiming such party Force Majeure Event shall endeavor cause such Force Majeure Event to remove or overcome such inability be remedied with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Farmout Agreement (Black Raven Energy, Inc.)

Force Majeure. 9.1 If either Party is temporarily rendered unable, wholly or in part, by reason Force Majeure to perform its duties or accept performance by the other party under this Agreement, it is agreed that the affected Party gives written notice to the other Party within five (5) Business Days after the occurrence of the Force Majeure. Upon giving full particulars in writing of such Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault shall, with the approval of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such noticeParty, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed so caused, but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be removed with all reasonable dispatcheffort by the affected Party. In the event that Vendor’s obligations are suspended Neither Party shall be responsible for delay, damage or loss caused by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

Appears in 1 contract

Samples: Exclusive Distribution Agreement (DAVIS COMMODITIES LTD)