Common use of Force Majeure Clause in Contracts

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 117 contracts

Samples: Interconnection Agreement, Agreement, Interconnection Agreement

Force Majeure. In the event No party shall be liable for losses, delays, failures, errors, interruptions or losses of data in its performance of its obligations under this Agreement Agreement if and to the extent it is caused, or any obligation hereunder, is either directly or indirectly prevented indirectly, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties circumstances beyond their reasonable control, including without limitation, strikes acts of God, slowdowns action or inaction of civil or military authority, picketing war, terrorism, riot, fire, flood, sabotage, labor disputes, elements of nature or boycotts, unavailability of equipment from vendor, changes requested non-performance by Customer, or a third party. In any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected such event, the Party affected, upon giving prompt notice to the other Party, non-performing party shall be excused from such any further performance on a day-to-day basis to the extent and observance of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall only for so long as such circumstances prevail and such party continues to use diligent commercially reasonable efforts to avoid recommence performance or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease observance as soon as practicable.

Appears in 70 contracts

Samples: Client Services Agreement (Wesmark Funds), Client Services Agreement (Heartland Group Inc), Client Services Agreement (Financial Investors Trust)

Force Majeure. In Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the event performance reasonable control of this Agreement such party, or any obligation hereunder including, is either directly or indirectly prevented without limitation: fire, restricted explosion, or interfered with by reason of fire power failure, flood, earthquake or like acts other act of God , wars ; war, revolution, civil commotion, explosion terrorism, or acts of public enemy enemies; any law, embargo order, acts regulation, ordinance, or requirement of the any government in its sovereign capacity, or legal body or any representative of any such government or legal body; or labor difficulties unrest, including without limitation, strikes, slowdowns, picketing, picketing or boycotts , unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected . In such event, the Party affected, upon giving prompt notice to the other Party, party affected shall be excused from such performance (other than any obligation to pay money) on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until to the delay, restriction or interference has ceased extent such party’s obligations relate to the performance so interfered with) ; provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease .

Appears in 26 contracts

Samples: Oil and Gas Lease, Oil and Gas Lease, Oil and Gas Lease

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like likes acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 24 contracts

Samples: Resale Agreement, Resale Agreement, Interconnection Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on obligationson a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 23 contracts

Samples: Resale Agreement, Resale Agreement, Interconnection Agreement

Force Majeure. In Neither Party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the event reasonable control of such Party, regardless of whether such delays or failures in performance were foreseen or foreseeable as of the date of this Agreement, or any obligation hereunder including, is either directly or indirectly prevented without limitation: adverse weather conditions, restricted, or interfered with by reason of fire, flood explosion, earthquake or like power failure, acts of God, wars war, revolution, civil commotion, explosion, or acts of public enemy enemies; any law, embargo order, acts regulation, ordinance or requirement of the any government in its sovereign capacity or legal body; or labor unrest, labor difficulties including, including without limitation, strikes, slowdowns, picketing, picketing or boycotts , unavailability of ; or delays caused by the other Party or by other service or equipment from vendor, changes requested by Customer, vendors; or any other circumstances beyond the Party's reasonable control and without the fault or negligence of the Party affected control. In such event, the affected Party affected shall, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference interferences (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until to the delay, restriction or interference has ceased extent such Party's obligations relate to the performance so interfered with) ; provided however, that the . The affected Party so affected shall use diligent its best efforts to avoid or remove such causes the cause(s) of non-performance and both Parties shall proceed whenever such causes to perform with dispatch once the cause(s) are removed or cease.

Appears in 21 contracts

Samples: Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity sovereigncapacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, any contracted vendor changes requested by Customer TWTC, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 15 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire , ,flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 15 contracts

Samples: psc.ky.gov, psc.ky.gov, psc.ky.gov

Force Majeure. In the event If performance of this Agreement, Contract or any obligation hereunder, under this Contract is either directly or indirectly prevented, restricted, or interfered with by reason causes beyond either party's reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of fire such event, flood then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, earthquake or like without limitation, acts of God, wars, revolution, civil commotion fire, explosion, vandalism, storm or other similar occurrence, orders or acts of public enemy military or civil authority, embargo or by national emergencies, acts of the government in its sovereign capacity insurrections, labor difficulties riots, including without limitation or wars, or strikes, slowdowns lock-outs, picketing work stoppages, or boycotts, unavailability of equipment from vendor, changes requested by Customer other labor disputes, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be supplier failures. The excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected party shall use diligent reasonable efforts under the circumstances to avoid or remove such causes of non- non- performance and both Parties shall proceed to perform with reasonable dispatch whenever such causes are removed or cease ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Appears in 10 contracts

Samples: Dental Services Agreement, Dental Services Agreement, Dental Services Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on performanceon a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 9 contracts

Samples: Interconnection Agreement, Resale Agreement, Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and interference(and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 8 contracts

Samples: psc.ky.gov, psc.ky.gov, www.psc.state.ky.us

Force Majeure. In Neither Party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the event reasonable control of such Party, regardless of whether such delays or failures in performance were foreseen or foreseeable as of the date of this Agreement, or any obligation hereunder including, is either directly or indirectly prevented without limitation: adverse weather conditions, restricted, or interfered with by reason of fire, flood explosion, earthquake or like power failure, acts of God, wars war, revolution, civil commotion, explosion, or acts of public enemy enemies; any law, embargo order, acts regulation, ordinance or requirement of the any government in its sovereign capacity or legal body; or labor unrest, labor difficulties including, including without limitation, strikes, slowdowns, picketing, picketing or boycotts , unavailability of ; or delays caused by the other Party or by other service or equipment from vendor, changes requested by Customer, vendors; or any other circumstances beyond the Party’s reasonable control and without the fault or negligence of the Party affected control. In such event, the affected Party affected shall, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference interferences (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until to the delay, restriction or interference has ceased extent such Party’s obligations relate to the performance so interfered with) ; provided however, that the . The affected Party so affected shall use diligent its best efforts to avoid or remove such causes the cause(s) of non-performance and both Parties shall proceed whenever such causes to perform with dispatch once the cause(s) are removed or cease.

Appears in 8 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In If the event performance of this Agreement or any obligations under this Agreement, or any obligation hereunder except the making of required payments, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion earthquakes, explosion, acts of public enemy or other casualty, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing accident, or boycotts act of God; strikes or labor disturbances; war, unavailability whether declared or not, or other violence; sabotage; any law, order, proclamation, regulation, ordinance, demand, or requirement of equipment from vendor, changes requested by Customer, any government agency; or any other circumstances event beyond the reasonable control and without the fault or negligence of the Party affected Parties, the Party affected affected Party, upon giving prompt notice to the other Party, shall will be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other interference. The affected Party shall likewise be excused from performance of will use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes cause of non-performance or to limit the impact of the event on such Party’s performance and both Parties shall proceed will continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 7 contracts

Samples: Technology License Agreement (Surgivision Inc), Technology License Agreement (Surgivision Inc), Development Agreement (Surgivision Inc)

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like likes acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 7 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In If the event performance of any part of this Agreement by a Party is prevented, restricted, interfered with or delayed by an occurrence beyond the control of such Party (and which did not occur as a result of such Party’s financial condition, negligence or fault), including fire, earthquake, flood, embargo, power shortage or failure, acts of war or terrorism, insurrection, riot, lockout or other labor disturbance, governmental acts or orders or restrictions, acts of God (for the purposes of this Agreement, or any obligation hereunder a “force majeure event”), is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the such Party affected, the Party affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts Commercially Reasonable Efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 6 contracts

Samples: Development and Collaboration Agreement (BioAtla, Inc.), License Agreement (Agios Pharmaceuticals Inc), License Agreement (Agios Pharmaceuticals Inc)

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove orremove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 6 contracts

Samples: Interconnection Agreement, Agreement, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Image Access, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 6 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Force Majeure. In the event If performance of this Agreement, Contract or any obligation hereunder, under this Contract is either directly or indirectly prevented, restricted, or interfered with by reason causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of fire such event, flood then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, earthquake or like without limitation, acts of God, wars, revolution, civil commotion fire, explosion, vandalism, storm or other similar occurrence, orders or acts of public enemy military or civil authority, embargo or by national emergencies, acts of the government in its sovereign capacity insurrections, labor difficulties riots, including without limitation or wars, or strikes, slowdowns lock-outs, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be work stoppages. The excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected party shall use diligent reasonable efforts under the circumstances to avoid or remove such causes of non-performance and both Parties shall proceed to perform with reasonable dispatch whenever such causes are removed or cease ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Appears in 5 contracts

Samples: Service Agreement (Hemp Naturals, Inc.), Contract for Services, Service Agreement

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including, fire, flood, earthquake embargo, power shortage or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 5 contracts

Samples: Amended and Restated License and Collaboration Agreement, Distribution and License Agreement (Taxus Cardium Pharmaceuticals Group Inc.), Development and Commercialization Agreement (Xenoport Inc)

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease. cease.‌

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts , unavailability of equipment from vendor, changes requested by Customer , or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease . Each Party agrees to treat the other Party in parity with the manner in which it treats itself and any other entities with regard to a Force Majeure event.

Appears in 5 contracts

Samples: Interconnection Agreement, psc.ky.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like likes acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer byCustomer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from excusedfrom such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day- day- to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so Partyso affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 5 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 4 contracts

Samples: MFN Agreement, dms.psc.sc.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested changesrequested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 4 contracts

Samples: Agreement, Agreement, www.psc.state.ky.us

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity , labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer , or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 4 contracts

Samples: Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement

Force Majeure. 20.1 In the event that performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake earthquake, unusually severe weather, epidemics or like acts of God, nuclear accidents, power blackouts, wars , terrorism, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other material change of circumstances beyond the reasonable control and without the fault or negligence of the Party affected affected (Force Majeure Events), the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance or Force Majeure Events, and both Parties shall proceed whenever such causes or Force Majeure Events are removed or cease cease.20.2 It is expressly agreed that insolvency or financial distress of a Party is not a Force Majeure Event and is not otherwise subject to this Section. Notwithstanding the provisions of Section 20.1 above, in no case shall a Force Majeure Event excuse either Party from an obligation to pay money as required by this Agreement.20.3 Nothing in this Agreement shall require the non-performing Party to settle any labor dispute except as the non-performing Party, in its sole discretion, determines appropriate.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event If performance of any obligations by either party under this Agreement, or any obligation hereunder, Agreement is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including including, without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability of equipment from vendor communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, restriction or interference (and the other Party party shall likewise be excused from performance of its obligations excused, on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance); provided provided, however, that the Party party so affected shall use diligent its best reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease.

Appears in 3 contracts

Samples: Intellectual Property Ownership and License Agreement (Cosmos Group Holdings Inc.), Software License Agreement (Genuity Inc), Software License Agreement (Genuity Inc)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation for goods already shipped or amounts already accrued under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including fire , earthquake, flood, earthquake embargo, power shortage or like failure, acts of war or terrorism, insurrection, riot, lockout or other labor disturbance, governmental acts or orders or restrictions, or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 3 contracts

Samples: Licensing Agreement (Xenoport Inc), Xanodyne Pharmaceuticals Inc, Xanodyne Pharmaceuticals Inc

Force Majeure. In If the event performance of any part of this Agreement by a Party is prevented, restricted, interfered with or delayed by an occurrence beyond the control of such Party (and which did not occur as a result of such Party’s financial condition, negligence or fault), including fire, earthquake, flood, embargo, power shortage or failure, acts of war or terrorism, insurrection, riot, lockout or other labor disturbance, governmental acts or orders or restrictions, acts of God (for the purposes of this Agreement, or any obligation hereunder a “force majeure event”), is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the such Party affected, the Party affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 3 contracts

Samples: Drug Discovery and Development Agreement (Array Biopharma Inc), Drug Discovery Collaboration Option Agreement (Mirati Therapeutics, Inc.), Drug Discovery and Development Option and License Agreement (Array Biopharma Inc)

Force Majeure. In If the event performance of this Agreement, or any obligation hereunder, Agreement by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed (either totally or in part) by reason of fire any cause beyond the reasonable control of the Party whose performance is so affected, flood, earthquake or like such as acts of God, wars explosion, revolution disease, weather, earthquake, war, insurrection, civil commotion strike, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing riots, or boycotts power failure, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the such affected Party affected, the Party affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis during the pendency, and to the extent of such prevention, restriction, interference or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay , restriction or interference has ceased) ; provided however provided, that the affected Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non- nonperformance and shall continue performance and both Parties shall proceed with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 3 contracts

Samples: Master Services Agreement (Avedro Inc), Master Services Agreement (Avedro Inc), Master Services Agreement (Avedro Inc)

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer , or any other circumstances othercircumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non- non- performance and both Parties shall proceed whenever such causes are removed or cease . Each Party agrees to act in a nondiscriminatory manner with regard to a Force Majeure event.

Appears in 3 contracts

Samples: dms.psc.sc.gov, psc.ky.gov, www.psc.state.ky.us

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Freedom, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer OneTone, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer the other Party, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement, Compensation Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion , ,explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: dms.psc.sc.gov, psc.ky.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like likes acts of God, wars, revolution , ,civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested changesrequested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving upongiving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference ( and the andthe other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such removesuch causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: Resale Agreement, Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood , hurricane, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Covad, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease . During a Force Majeure event, AT&T will provide Covad with the same parity as set forth in Section 4.

Appears in 3 contracts

Samples: MFN Agreement, dms.psc.sc.gov, www.psc.state.ky.us

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government Government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor Vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party party so affected shall use diligent its best reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed whenever such causes are removed or cease.

Appears in 3 contracts

Samples: National Telephone Co of Venezuela, National Telephone Co of Venezuela, Verizon Communications Inc

Force Majeure. In Neither party shall be liable in any manner for failure or delay in the event performance fulfillment of all or part of this Agreement, directly or indirectly owing to Acts of God, Governmental or court orders or restriction, war, threat of war, war-like conditions, hostilities, sanctions, mobilization, blockage, embargo, detention, revolution, riot, looting, strike, lockout, plague or other epidemics, fire, flood, or any other causes or circumstances reasonably beyond the control of either party. Neither party shall be deemed to be in breach of this Agreement, or any obligation hereunder otherwise be liable to the other, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government any delay in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing performance, or boycotts non-performance, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis its obligations hereunder to the extent of that such prevention, restriction, delay or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance is due to any force majeure of which it has notified the other party; and both Parties the time for performance of that obligation shall proceed whenever such causes are removed or cease be extended accordingly.

Appears in 3 contracts

Samples: International Distribution Agreement (GCT Semiconductor Inc), International Distribution Agreement (GCT Semiconductor Inc), International Distribution Agreement (GCT Semiconductor Inc)

Force Majeure. 20.1 In the event that performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake earthquake, unusually severe weather, epidemics or like acts of God, nuclear accidents, power blackouts, wars , terrorism, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other material change of circumstances beyond the reasonable control and without the fault or negligence of the Party affected affected (Force Majeure Events), the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day- day- to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance or Force Majeure Events, and both Parties shall proceed whenever such causes or Force Majeure Events are removed or cease cease.20.2 It is expressly agreed that insolvency or financial distress of a Party is not a Force Majeure Event and is not otherwise subject to this Section. Notwithstanding the provisions of Section 20.1 above, in no case shall a Force Majeure Event excuse either Party from an obligation to pay money as required by this Agreement.20.3 Nothing in this Agreement shall require the non-performing Party to settle any labor dispute except as the non-performing Party, in its sole discretion, determines appropriate.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Force Majeure. In the event If either party's performance of this Agreement, Agreement or any obligation hereunder, Exhibit is either directly or indirectly prevented, restricted, restricted or interfered with delayed (either totally or in part) by reason of fire any cause beyond the reasonable control of the parties, flood, earthquake or like such as acts of God, wars explosion, revolution disease, weather, war, insurrection, civil commotion strike, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, riot or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected power failure, the Party affected party so affected shall, upon giving prompt notice thereof to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased) delay; provided however PROVIDED, that the Party so affected party shall use diligent its commercially reasonable efforts to avoid or remove such causes of non- performance and both Parties shall proceed whenever such causes are removed or cease performance.

Appears in 2 contracts

Samples: Clinical Services Agreement (Advanced Accelerator Applications S.A.), Clinical Services Agreement (Advanced Accelerator Applications S.A.)

Force Majeure. In the event performance of this Agreement If for any reason, or any obligation hereunder such as strikes, is either directly or indirectly prevented boycotts, restricted war, or interfered with by reason of fire, flood, earthquake or like acts of God, wars labor troubles, revolution riots, civil commotion delays of commercial carriers, explosion, acts restraints of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing authority, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or for any other circumstances reason, similar or dissimilar, beyond its control, either party is unable to perform its respective obligations in connection with this Agreement, such non-performance will not be considered a breach of this Agreement. Upon the reasonable control and without the fault or negligence occurrence of the Party affected such event, the Party party so affected, upon giving prompt written notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, interference or restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party party so affected shall use diligent efforts take all reasonable steps to avoid or remove such causes of non- nonperformance and shall continue performance and both Parties shall proceed hereunder with dispatch whenever such causes are removed or cease removed.

Appears in 2 contracts

Samples: Agreement for Services (Intersections Inc), Agreement for Services (Intersections Inc)

Force Majeure. In the event If performance of any Services under this Agreement, or any obligation hereunder, Agreement is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability of equipment from vendor communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance) ; provided , provided, however, that the Party party so affected shall use diligent its commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease . If a force majeure condition continues to prevent a party from performing for more than (30) consecutive days, then the other party may terminate the applicable Statement of Work.

Appears in 2 contracts

Samples: Technical Services Agreement (Genuity Inc), Technical Services Agreement (Genuity Inc)

Force Majeure. In the event If performance of any obligations by either party ------------- under this Agreement, or Agreement (other than any obligation of either party to pay money hereunder , ) is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including including, without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability of equipment from vendor communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, restriction or interference (and the other Party party shall likewise be excused from performance of its obligations excused, on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance); provided provided, however, that the Party party so affected shall use diligent its best reasonable -------- ------- efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Maintenance and Support Agreement (Genuity Inc), License Agreement for Software (Genuity Inc)

Force Majeure. In the event If performance of any obligations by either party under this Agreement, or Agreement (other than any obligation of either party to pay money hereunder , ) is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including including, without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability of equipment from vendor communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, restriction or interference (and the other Party party shall likewise be excused from performance of its obligations excused, on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance); provided provided, however, that the Party party so affected shall use diligent its best reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Maintenance and Support Agreement (Genuity Inc), License Agreement for Software (Genuity Inc)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of any cause beyond the reasonable control of such Party (including, fire, flood, earthquake earthquake, tsunami, embargo, power shortage or like acts of God, wars, revolution, civil commotion, explosion failure, acts of public enemy war, embargo insurrection, riot, terrorism, strike, lockout or other labor disturbance, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, God or any other circumstances beyond the reasonable control and without the fault acts, omissions or negligence delays in acting of the Party affected other Party), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 2 contracts

Samples: License and Commercialization Agreement (Harmony Biosciences Holdings, Inc.), License and Commercialization Agreement (Harmony Biosciences Holdings, Inc.)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including fire , earthquake, flood, earthquake embargo, power shortage or like failure, acts of war or terrorism, insurrection, riot, lockout or other labor disturbance, governmental acts or orders or restrictions, or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 2 contracts

Samples: License Agreement (Indivior PLC), License Agreement (Xenoport Inc)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including, fire, flood, earthquake embargo, power shortage or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such * CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 2 contracts

Samples: Xenoport Inc, Xenoport Inc

Force Majeure. In If the event performance of this Agreement, Agreement or any obligation hereunder, under it is either directly or indirectly prevented, restricted, restricted or interfered with by reason of force majeure, including (but not limited to) war, insurrection or riots, fire, flood tempest, earthquake floods, storm, Acts of God or like acts of God other natural causes, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, explosion or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected party obliged to perform it, the Party party so affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such the prevention, restriction, or restrictionor interference (and but the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party party so affected shall use diligent efforts all reasonable endeavours to avoid or remove such causes of non-performance and both Parties shall proceed continue performance under the Agreement with the utmost despatch whenever such causes are removed or cease diminished.

Appears in 2 contracts

Samples: www.eiliveshow.com, www.eiliveshow.com

Force Majeure. In If the event performance of this Agreement, or any obligation obligations hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire fire or other casualty or accidents; strikes or labor disputes; inability to provide raw materials, flood power, earthquake or like acts supplies; declarations of God war or other violence; any law, wars order, revolution proclamation, civil commotion regulation, explosion ordinance, acts demand or other requirement of public enemy, embargo, acts any governmental authority; or any of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected parties hereto, the Party parties so affected, upon giving prompt notice to the other Party party, shall will be excused from such performance on a day-to-day basis to the extent of such the prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay interference, restriction or interference has ceased); provided however, that the Party party so affected shall use diligent uses its best efforts to avoid or remove such the causes of non-performance and both Parties shall proceed continues performance hereunder with the utmost dispatch whenever such those causes are removed or cease removed.

Appears in 2 contracts

Samples: Distribution Agreement (Aruba Networks, Inc.), Artisoft Inc

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, fire flood, earthquake or like acts of God, wars, revolution, civil commotion riots, insurrections, explosion, acts of public enemy terrorists acts, nuclear accidents, power blackouts, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor , changes requested by Customer , or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: psc.ky.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Aspire, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference ( and the andthe other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Carrier, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: psc.ky.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer CommPartners, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: dms.psc.sc.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Credit Loans, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non- non- performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Interconnection Agreement (Madison River Capital LLC), Agreement (Bti Telecom Corp)

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Dialogica, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, www.psc.state.ky.us

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer ECI, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, affected shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease . The Partyaffected shall provide notice of the Force Majeure event within a reasonable period of time following such an event.

Appears in 2 contracts

Samples: dms.psc.sc.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Esodus, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer FDN, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, affected shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease . The Party affected shall provide notice of the Force Majeure event within a reasonable period of time following such an event. Furthermore, a Force Majeure event shall not excuse BellSouth’s obligation to act in a non-discriminatory manner in accordance with Section 3 of these General Terms and Conditions and applicable law; provided, however, that the Parties shall comply with Attachment 10 of this Agreement and any Commission or FCC guidance related to a Force Majeure situation.

Appears in 2 contracts

Samples: psc.ky.gov, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer France Telecom, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on performanceon a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Metro Teleconnect, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Ohio County Networks, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, affected shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non ofnon-performance and both Parties shall proceed whenever such causes are removed or cease . The Party affected shall provide notice of the Force Majeure event within a reasonable period of time following such an event.

Appears in 2 contracts

Samples: Resale Agreement, MFN Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Spectrotel, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, affected shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non ofnon-performance and both Parties shall proceed whenever such causes are removed or cease . The Party affected shall provide notice of the Force Majeure event within a reasonable period of time following such an event.

Appears in 2 contracts

Samples: psc.ky.gov, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Symtelco, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: psc.ky.gov, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer TNCI, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: psc.ky.gov, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Texas Hometel, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: psc.ky.gov, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer VMT, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer Vertex, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer YMax, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day aday-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: www.psc.state.ky.us, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer other Party, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, affected shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non ofnon-performance and both Parties shall proceed whenever such causes are removed or cease . The Party affected shall provide notice of the Force Majeure event within a reasonable period of time following such an event.

Appears in 2 contracts

Samples: psc.ky.gov, dms.psc.sc.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, material changes requested by Customer Telepak Networks, or any other circumstances beyond the reasonable control reasonableVersion 3Q02: 09/06/02control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: www.cspire.com, psc.ky.gov

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor , changes requested by Customer , or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall promptly use diligent efforts to avoid or remove such causes of non- non- performance and both Parties shall proceed whenever such causes are removed or cease , provided further, that neither Party shall be required to compensate the other for Services or Service not performed as a result of such causes.

Appears in 2 contracts

Samples: Agreement, Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like likes acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of actsof the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: Resale Agreement, Resale Agreement

Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire , ,flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer AmeriMex, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided provided, however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 2 contracts

Samples: dms.psc.sc.gov, dms.psc.sc.gov

Force Majeure. In the event performance of Neither party shall be liable for delay or failure to perform this Agreement, in whole or any obligation hereunder in part, is either directly or indirectly prevented, restricted, or interfered with by reason of fire contingencies beyond the reasonable control of the party affected, flood whether herein specifically enumerated or not, earthquake or like including among others, acts of God, wars war, acts of war, revolution, civil commotion, explosion riots, acts of public enemy enemies, blockage or embargo, acts delays of the government in its sovereign capacity carriers, car shortage, fire, explosion, breakdown of equipment or facilities, strike, lockout, labor difficulties dispute, casualty or accident, earthquake, epidemic, flood, cyclone, tornado, hurricane or other windstorm, delays of vendors or other contingencies interfering with production or with customary or usual means of transportation of products, or by reason of any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any governmental authority, local, state or federal, including without limitation court orders, strikes, slowdowns, picketing judgments or decrees, or boycotts actions of any governmental authority respecting the registration, unavailability of equipment from vendor re-registration, changes requested by Customer cancellation, suspension, labeling and/or ability to transport or sell products, or any other circumstances beyond cause whatsoever, whether similar or dissimilar to those enumerated above; provided, that the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving party so affected shall give prompt written notice to the other Party, party of the event causing the delay or impediment and shall use all due diligence to overcome the effects of the event as promptly as possible. Neither party shall be excused from such performance on required to resolve a day-to-day basis strike, lockout or other labor problem in a manner which it alone does not deem proper and advisable. The party other than the party affected by an event of the sort enumerated in or contemplated by this Section may, by written notice to the extent other party, elect to extend the term of this Agreement for a period of time equal to the duration of the event excusing such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease performance.

Appears in 2 contracts

Samples: Intelligent Electronics Inc, Intelligent Electronics Inc

Force Majeure. In Whenever and to the event extent that any party to this Agreement is unable to perform or is delayed or restricted in the performance of any obligation arising under this Agreement, Agreement or any obligation hereunder, is either other agreement entered into by the parties pursuant to this Agreement by reason of any cause relating directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like from acts of God, wars, revolution, civil commotion, explosion or military authority, acts of public enemy, embargo war, acts of riots, crime, disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the government in its sovereign capacity elements, labor difficulties unusual delay by common carriers, including without limitation unavoidable casualties, strikes, slowdowns labour disputes, picketing lock-outs, shortages of suitable parts, materials, labour or boycotts transportation, unavailability disruption of equipment from vendor, changes requested by Customer, utility service for causes other than non-payment thereof or any other circumstances anything beyond the reasonable control and without the fault of any party whether or negligence of the Party affected not a like or similar nature, the Party affected, upon giving prompt notice to party having the other Party, obligation shall be excused relieved from the performance of this Agreement for so long as such performance on a day-to-day basis to the extent of such prevention cause exists, restriction, or interference ( and the other Party party to this Agreement shall likewise not be excused from performance of its obligations on a day-to-day basis until the delay entitled to compensation for any loss, restriction damages, inconvenience, nuisance or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease discomfort thereby occasioned.

Appears in 2 contracts

Samples: Land Exchange Agreement, Land Exchange Agreement

Force Majeure. 20.1 In the event that performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, restricted or interfered with by reason due to a material change of circumstances beyond the reasonable control and without the fault or negligence of the Party affected, which may include, fire, flood, earthquake earthquake, unusually severe weather, epidemics or like acts of God, nuclear accidents, power blackouts, wars , terrorism, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected (Force Majeure Events), the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance or Force Majeure Events, and both Parties shall proceed whenever such causes or Force Majeure Events are removed or cease cease.20.2 It is expressly agreed that insolvency or financial distress of a Party is not a Force Majeure Event and is not otherwise subject to this Section. Notwithstanding the provisions of Section 20.1 above, in no case shall a Force Majeure Event excuse either Party from an obligation to pay money as required by this Agreement.20.3 Nothing in this Agreement shall require the non-performing Party to settle any labor dispute except as the non-performing Party, in its sole discretion, determines appropriate.

Appears in 1 contract

Samples: apps.psc.wi.gov

Force Majeure. In AERG and CILCO shall not be liable for or on account of any damage, loss (including profit from operations), injury or expense that may be occasioned by any failure, interruption or delay in the event performance delivery or receipt of this Agreement, or any obligation power and energy hereunder, when such failure, interruption or delay is either directly due to (a) AERG's compliance with any Emergency Condition procedure of the ISO or indirectly prevented (b) forces beyond the reasonable control of the Party experiencing the difficulty, restricted including, or interfered with by reason of fire but not limited to, flood fires, earthquake or like strikes, labor stoppages, epidemics, floods, earthquakes, lightening storms, ice, acts of God, wars, revolution riots, civil commotion disturbances, explosion civil war, acts invasion, insurrection, military or usurped power, war, sabotage, explosions, failure of public enemy suppliers of materials or fuel, embargo inability to obtain or ship material, acts fuel or equipment because of the effect of similar causes on suppliers or carriers, or restraint by government agencies prohibiting or failing to approve acts necessary to performance hereunder or permitting any such act only subject to unreasonable conditions (collectively, "Force Majeure Events"); provided, however, that upon learning of any failure, interruption or delay of the forgoing type, the Party experiencing the difficulty shall make diligent effort to notify the other Party of the failure, interruption or delay and shall use due, and in its sovereign capacity judgment, practicable diligence to remove the cause or causes thereof; and provided further, that AERG or CILCO shall not be required by the foregoing provisions to settle a strike or labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond negotiations except in the reasonable control and without the fault or negligence best judgment of the Party affected, experiencing the Party affected, upon giving prompt notice to the other Party, shall be excused from difficulty such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease settlement seems advisable.

Appears in 1 contract

Samples: Power Supply Agreement (Amerenenergy Generating Co)

Force Majeure. In Except for payment obligations, if the event performance of this Agreement Agreement by one of the parties is prevented, in whole or in part, by circumstances beyond his reasonable control, including, but not limited to, fire, explosion, vandalism, cut cables, power outrage, storm or other similar occurrence, including signal drop-out, rain fade or other atmospheric conditions, earthquake, any law, order or request of any kind of any government, or of instrumentality of anyone of said governments, or any obligation hereunder, is either directly civil or indirectly prevented, restricted military authority, or interfered with by reason of fire national emergencies, flood insurrection, earthquake or like acts of God riots, wars, revolution, civil commotion, explosion, acts act of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation terrorism, strikes, slowdowns lock-outs or work stoppages or other labour difficulties, picketing supplier failures, shortages, breaches or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected delays, the Party affected party thus affected will be exempted from the performance of his obligations, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis this exemption being evaluated daily to the extent of such prevention that a party was prevented from fulfilling obligations, restriction, or interference ( and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, condition that the Party so party thus affected shall use diligent deploys commercially reasonable efforts to avoid or remove such put an end as quickly as possible to these causes of non- performance and both Parties shall proceed whenever such causes are removed or cease execution.

Appears in 1 contract

Samples: Web Hosting Agreement

Force Majeure. In Except to the event extent otherwise provided herein, no liability shall result to either Party from delay in performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with from non-performance caused by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, including but not limited to act of God, fire, flood, explosion, war, theft, action or request of governmental authority, accident, labour, trouble or shortage, inability to obtain material, power, equipment or trasporation, but each of the Party affected, upon giving prompt notice to the other Party, Parties hereto shall be excused from such performance on a day-to-day basis diligent in attempting to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed cause or cease causes.

Appears in 1 contract

Samples: Management Services Agreement

Force Majeure. In Except with respect to Tenant's payment obligations under this Lease, if the event performance by a party to this Lease of this Agreement, or any nonmonetary obligation hereunder, hereunder is either directly or indirectly prevented, restricted, or interfered with by reason of any circumstances without the fault or negligence, or beyond the reasonable control, of either party, including fire, flood explosion, earthquake or like power failure, acts of God, wars war, revolution, civil commotion, explosion, or acts of public enemy enemies, embargo any law, order, regulation, ordinance, requirement, acts of, or failures to act by, any government or any legal body or representative of the government in its sovereign capacity any such government, labor difficulties unrest, including without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability embargo, delay of equipment from vendor a common carrier, changes requested by Customer or any act of any tenant or tenant's agents, or any other circumstances cause beyond such party's control, then the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall party affected will be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall party will likewise be excused from performance of its obligations on a day-to-day basis until to the delay extent such other party's obligations relate to the performance so interfered with), restriction or interference has ceased); provided however, that the Party so affected shall party will use diligent reasonable efforts to avoid or remove such causes of non- performance and both Parties shall proceed whenever such causes are removed or cease. performance.3.16

Appears in 1 contract

Samples: Lease Agreement

Force Majeure. In FORCE MAJEURE. FORCE MAJEUREIn the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer the other Party, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent efforts to avoid or remove such causes of non-performance nonperformance and both Parties shall proceed whenever such causes are removed or cease.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Force Majeure. In If at any time during the event performance Term of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with Agreement by reason of any act of God, fire , earthquake, flood, earthquake or like acts of God explosion, wars strike, revolution labour disturbance, civil commotion, explosion act of Government, acts of public enemy its agencies or officers, embargo any order, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, regulation or any other circumstances cause or causes beyond the reasonable control and without the fault or negligence of the Party affected either party's control, the Party affected performance of either party's obligations hereunder is delayed, upon giving prompt notice to interrupted or prevented, then the other Party, performance of such obligation shall be excused from such performance on a day-to-day basis to the extent of such prevention so delayed, restriction interrupted or prevented, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent excused party used best efforts to avoid or remove such causes of non-performance and both Parties shall proceed whenever such causes are removed or cease perform.

Appears in 1 contract

Samples: Agency Agreement

Force Majeure. In the event If performance of any Services under this Agreement, or any obligation hereunder, Agreement is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability Page 9 of equipment from vendor 55 communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance) ; provided , provided, however, that the Party party so affected shall use diligent its commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease . If a force majeure condition continues to prevent a party from performing for more than (30) consecutive days, then the other party may terminate the applicable Statement of Work.

Appears in 1 contract

Samples: Statement of Work (Genuity Inc)

Force Majeure. In the event If performance of any Services under this Agreement, or any obligation hereunder, Agreement is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, picketing or boycotts, unavailability of equipment from vendor communication line failures, changes requested by Customer power failures, or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to during the extent continuance of Page 9 of 114 such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until during the delay same period, restriction from performance of its obligations which are dependent upon or interference has ceased affected by such nonperformance) ; provided , provided, however, that the Party party so affected shall use diligent its commercially reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of their obligations under this Agreement whenever such causes are removed or cease . If a force majeure condition continues to prevent a party from performing for more than (30) consecutive days, then the other party may terminate the applicable Statement of Work.

Appears in 1 contract

Samples: Statement of Work (Genuity Inc)

Force Majeure. In the event If performance of this Agreement, or any obligation hereunder, Agreement is either directly or indirectly prevented, restricted, restricted or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including including, without limitation, strikes, slowdowns, picketing, picketing or boycotts , unavailability of equipment from vendor, changes requested by Customer , or any other circumstances beyond the reasonable control and without the not involving any fault or negligence of the Party party affected, the Party party affected, upon giving prompt notice to the other Party, party shall be excused from such performance on a day-to-day basis to during the extent continuance of such prevention, restriction, or interference (and the other Party party shall likewise be excused from performance of its obligations on a day-to-day basis until during the delay same period), restriction or interference has ceased); provided provided, however, that the Party party so affected shall use diligent its best reasonable efforts to avoid or remove such causes of non-performance nonperformance and both Parties parties shall proceed immediately with the performance of its obligations under this Agreement whenever such causes are removed or cease.

Appears in 1 contract

Samples: Contractor Agreement (Cyber Digital Inc)

Force Majeure. In the event If performance of this Agreement, Contract or any obligation hereunder, under this Contract is either directly or indirectly prevented, restricted, or interfered with by reason causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of fire such event, flood then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, earthquake or like without limitation, acts of God, wars, revolution, civil commotion fire, explosion, vandalism, storm or other similar occurrence, orders or acts of public enemy military or civil authority, embargo or by national emergencies, acts significant failure of a part of the government in its sovereign capacity power grid, labor difficulties significant failure of the Internet, including without limitation natural disaster, pandemic, epidemic, insurrections, riots, or wars, or strikes, slowdowns lock-outs, picketing work stoppages or other labor disputes, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be supplier failures. The excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected party shall use diligent reasonable efforts under the circumstances to avoid or remove such causes of non- non- performance and both Parties shall proceed to perform with reasonable dispatch whenever such causes are removed or cease ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Appears in 1 contract

Samples: Master Service Agreement

Force Majeure. In the event If performance of this Agreement, Contract or any obligation hereunder, under this Contract is either directly or indirectly prevented, restricted, or interfered with by reason causes beyond either party’s reasonable control (herein, “Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of fire such event, flood then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term, earthquake or like Force Majeure shall include, but not be limited to: acts of God, wars, revolution, civil commotion fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of public enemy military or civil authority, embargo or by national emergencies, acts of the government in its sovereign capacity insurrections, labor difficulties riots or wars, including without limitation, or strikes, slowdowns lock‐outs, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected, the Party affected, upon giving prompt notice to the other Party, shall be work stoppages. The excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected party shall use diligent reasonable efforts under the circumstances to avoid or remove such causes of non-performance non‐performance and both Parties shall proceed to perform with reasonable dispatch whenever such causes are removed or cease . An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Appears in 1 contract

Samples: Construction Contract

Force Majeure. In the event If performance of this Agreement, Lease or of any obligation hereunder, hereunder is either directly prevented or indirectly prevented, restricted, substantially restricted or interfered with by reason of fire, flood, earthquake or like acts an event of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected “Force Majeure” (as defined below), the Party affected affected party, upon giving prompt notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of and for the duration of such prevention, restriction, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so interference. The affected party shall use diligent its reasonable efforts to avoid or remove such causes cause of non-performance nonperformance and both Parties shall proceed whenever continue to perform as soon as such causes are removed removed. “Force Majeure” means fire, earthquake, flood, tornado, natural disaster, or cease other Acts of God; strikes, lock-outs, or labor disputes; inability to secure materials; war, civil strife, or other violence; any law, order, proclamation, regulation, ordinance, action, demand, or requirement of any government agency, or utility; or any other act or condition beyond the reasonable control of a party.

Appears in 1 contract

Samples: Lease Option Agreement

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by 80 [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. reason of any cause beyond the reasonable control of such Party (including, fire, flood, earthquake earthquake, tsunami, embargo, power shortage or like acts of God, wars, revolution, civil commotion, explosion failure, acts of public enemy war, embargo insurrection, riot, terrorism, strike, lockout or other labor disturbance, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, God or any other circumstances beyond the reasonable control and without the fault acts, omissions or negligence delays in acting of the Party affected other Party), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Array Biopharma Inc)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of any cause beyond the reasonable control of such Party (including, fire, flood, earthquake earthquake, tsunami, embargo, power shortage or like acts of God, wars, revolution, civil commotion, explosion failure, acts of public enemy war, embargo insurrection, riot, terrorism, strike, lockout or other labor disturbance, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, God or any other circumstances beyond the reasonable control and without the fault acts, omissions or negligence delays in acting of the Party affected other Party), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference ( delay; provided that the [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the other Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Development and Commercialization Agreement (Array Biopharma Inc)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including, fire, flood, earthquake embargo, power shortage or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non- nonperformance and shall continue performance and both Parties shall proceed with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Distribution and License Agreement (Gene Biotherapeutics, Inc.)

Force Majeure. In If the event performance of any part of this Agreement (except for any payment obligation under this Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (which is defined as a cause beyond the reasonable control of the affected Party, and may include fire, flood, earthquake embargo, power shortage or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Commercialization and License Agreement (Pacific Biosciences of California, Inc.)

Force Majeure. In If the event performance of any part of this Agreement, or any obligation hereunder, Agreement by a Party is either directly or indirectly prevented, restricted, interfered with, or interfered with delayed by reason an occurrence beyond the control of such Party (and which did not occur as a result of such Party’s financial condition, negligence, or fault), including fire , earthquake, flood, earthquake embargo, power shortage or like failure, acts of war or terrorism, insurrection, riot, lockout or other labor disturbance, governmental acts or orders or restrictions, acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the such Party affected, the Party affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference, or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay , restriction or interference has ceased) ; provided however provided, that the affected Party so affected shall use diligent efforts its Commercially Reasonable Efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease cause(s) is(are) removed. For the avoidance of doubt, the coronavirus pandemic shall not qualify as a Force Majeure.

Appears in 1 contract

Samples: Collaborative Development and Commercialization Agreement (Histogen Inc.)

Force Majeure. In If the event performance of any part of this Agreement, or any obligation hereunder, Agreement by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (meaning a cause beyond the reasonable control of a Party, including, fire, flood , earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy , embargo, acts of the government in its sovereign capacity war, insurrection, riot, terrorism, strike, lockout or other labor difficulties disturbance, acts of God, or pandemic, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected COVID-19), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay, for a period agreed by the other Parties provided that the affected Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent commercially reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Research Collaboration and Licence Agreement (LAVA Therapeutics BV)

Force Majeure. In If the event performance of any part of this Agreement, or any obligation hereunder, Agreement by either party is either directly or indirectly prevented, restricted, or interfered with or delayed by any reason of force majeure (including fire, flood, earthquake embargo, power shortage, pandemic or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ) (a “Force Majeure Event”), the Party affected party so affected shall, upon giving prompt written notice to the other Party party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay , restriction or interference has ceased) ; provided however provided, that the Party so affected party shall use diligent reasonable efforts to avoid or remove such causes of non- performance and both Parties shall proceed whenever such causes are removed or cease performance.

Appears in 1 contract

Samples: Award Agreement (Matinas BioPharma Holdings, Inc.)

Force Majeure. In If the event performance of any part of this Termination Agreement (except for any payment obligation under this Termination Agreement , or any obligation hereunder, ) by either Party is either directly or indirectly prevented, restricted, or interfered with or delayed by reason of force majeure (including, fire, flood, earthquake embargo, power shortage or like failure, acts of war, insurrection, riot, terrorism, strike, lockout or other labor disturbance or acts of God , wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected ), the Party affected so affected shall, upon giving prompt written notice to the other Party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and delay; provided that the other affected Party shall likewise be excused from performance of use its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed continue performance with the utmost dispatch whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Termination and Transition Agreement (Xenoport Inc)

Force Majeure. In If the event performance of this Agreement, Agreement by PRA or any obligation hereunder, Sponsor is either directly or indirectly prevented, restricted, or interfered with or delayed (either totally or in part) by reason of fire any cause beyond the control of the Parties (including, flood but not limited to, earthquake or like acts of God, wars explosion, revolution disease, weather, war, insurrection, terrorism, civil commotion strike, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, riots or boycotts, unavailability of equipment from vendor, changes requested by Customer, or any other circumstances beyond the reasonable control and without the fault or negligence of the Party affected extensive power failure), the Party affected party so affected will, upon giving prompt notice to the other Party party as soon as is practical, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, interference or interference (and the other Party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the Party so affected shall party will use diligent reasonable efforts to avoid or remove such causes of non-performance and both Parties shall proceed will continue performance whenever such causes are removed or cease removed.

Appears in 1 contract

Samples: Master Agreement (Idenix Pharmaceuticals Inc)