Common use of Force Majeure Clause in Contracts

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

Appears in 109 contracts

Samples: Transfer Agency and Service Agreement (Nuveen Preferred & Income 2022 Term Fund), Transfer Agency and Service Agreement (Nuveen Insured Dividend Advantage Municipal Fund), Transfer Agency and Service Agreement (Nuveen Global Government Enhanced Income Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 96 contracts

Samples: Rights Agreement (RCM Technologies Inc), Rights Agreement (CSK Auto Corp), Rights Agreement (Adma Biologics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall the Warrant Agent will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 68 contracts

Samples: Warrant Agency Agreement (Fat Brands, Inc), Warrant Agreement (Callon Petroleum Co), Warrant Agency Agreement (Elite Education Group International LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 57 contracts

Samples: Transfer Agency and Service Agreement (Gabelli Utility Trust), Transfer Agency and Service Agreement (Nuveen Municipal Credit Opportunities Fund), Transfer Agency and Service Agreement (Nuveen Emerging Markets Debt 2025 Term Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall the Depositary will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 41 contracts

Samples: Deposit Agreement (Oceanfirst Financial Corp), Deposit Agreement (Allstate Corp), Deposit Agreement (First Citizens Bancshares Inc /De/)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 39 contracts

Samples: Transfer Agency and Service Agreement (Invesco Senior Income Trust), Transfer Agency and Service Agreement (Invesco High Income 2023 Target Term Fund), Transfer Agency and Service Agreement (Tortoise Essential Assets Income Term Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 30 contracts

Samples: Agreement and Plan of Merger (Innovus Pharmaceuticals, Inc.), Amended and Restated Rights Agreement (Teekay Corp), Rights Agreement (Kb Home)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , acts of war or terrorism , shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 29 contracts

Samples: Transfer Agency and Service Agreement (Blackrock Corporate High Yield Fund Vi, Inc.), Transfer Agency and Service Agreement (BlackRock Science & Technology Trust), Transfer Agency and Service Agreement (Invesco Van Kampen Trust for Investment Grade New York Municipals)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 18 contracts

Samples: Warrant Agreement (Wheeler Real Estate Investment Trust, Inc.), Amended and Restated Warrant Agreement (Preferred Apartment Communities Inc), Warrant Agreement (Bluerock Residential Growth REIT, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall the Depository will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 16 contracts

Samples: Deposit Agreement (First Horizon National Corp), Deposit Agreement (First Horizon National Corp), Deposit Agreement (First Horizon National Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 14 contracts

Samples: Rights Agreement (Manning & Napier, Inc.), Rights Agreement (On Track Innovations LTD), Rights Agreement (Syneron Medical Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 12 contracts

Samples: Rights Agreement (Midas Inc), Rights Agreement (Orient Express Hotels LTD), Rights Agreement (Bioveris Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall hereto will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 10 contracts

Samples: Warrant Agreement (Kingsway Financial Services Inc), Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding , it being understood that the foregoing, Warrant Agent shall use reasonable best efforts which are consistent with accepted practices in the event of such an occurrence, each party agrees banking industry to make a good faith effort to perform its obligations hereunder resume performance as soon as practicable under the circumstances. [

Appears in 9 contracts

Samples: Warrant Agency Agreement (Reebonz Holding LTD), Warrant Agency Agreement (SenesTech, Inc.), Warrant Agency Agreement (Hemispherx Biopharma Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 9 contracts

Samples: Rights Agreement (Aceto Corp), Rights Agreement (Town Sports International Holdings Inc), Rights Agreement (Cambium Learning Group, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence, each party agrees to make a good faith developments and mitigation effort to perform its obligations hereunder with respect thereto.

Appears in 9 contracts

Samples: Rights Agreement (Hp Inc), Rights Agreement (Equitrans Midstream Corp), Rights Agreement (Dorian LPG Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Agent nor Georgeson shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 7 contracts

Samples: Agent Agreement (Nuveen Mortgage Opportunity Term Fund), Agent Agreement (Delaware Enhanced Global Dividend & Income Fund), Agent Agreement (Delaware Enhanced Global Dividend & Income Fund)

Force Majeure. Notwithstanding anything In the event either party is unable to perform its obligations under the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, terms of this Warrant Agreement because of acts of God, acts strikes, failure of war carrier or terrorism utilities, equipment or transmission failure, damage that is reasonably beyond its control, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding , or any other cause that is reasonably beyond its control, such party shall not be liable for damages to the foregoing, in the event of other for any damages resulting from such an occurrence, each party agrees to make a good faith effort failure to perform its obligations hereunder or otherwise from such causes. Performance under this Warrant Agreement shall resume when the affected party or parties are able to perform substantially that party’s duties.

Appears in 5 contracts

Samples: Warrant Agency Agreement (Rennova Health, Inc.), Warrant Agency Agreement (BioAmber Inc.), Form of Warrant Agency Agreement (Rennova Health, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Transfer Agent agrees that it shall maintain a business continuity and disaster recovery plan appropriate for an entity performing the foregoing Services as discussed in this Agreement, in and that it will resume performance as soon after any such delay or failure as is commercially reasonable under the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder circumstances.

Appears in 5 contracts

Samples: Transfer Agency and Service Agreement (Duff & Phelps Global Utility Income Fund Inc.), Transfer Agency and Service Agreement (Zweig Fund Inc /Md/), Transfer Agency and Service Agreement (Virtus Global Multi-Sector Income Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding , it being understood that the foregoing, Warrant Agent shall use reasonable best efforts which are consistent with accepted practices in the event of such an occurrence, each party agrees banking industry to make a good faith effort to perform its obligations hereunder resume performance as soon as practicable under the circumstances.

Appears in 5 contracts

Samples: Warrant (CHF Solutions, Inc.), Warrant (CHF Solutions, Inc.), Warrant Agency Agreement (Heat Biologics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 5 contracts

Samples: Warrant Agreement (Cardium Therapeutics, Inc.), Warrant Agency Agreement (T3 Motion, Inc.), Warrant Agency Agreement (T3 Motion, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 5 contracts

Samples: Rights Agreement (DSP Group Inc /De/), Rights Agreement (BMC Software Inc), Amended and Restated Rights Agreement (Viad Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding , it being understood that the foregoing, Warrant Agent shall use reasonable best efforts which are consistent with accepted practices in the event banking industry to resume performance as soon as practicable under the circumstances; provided, however, that this provision shall not affect or limit in any way the obligations of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder the Company under the Global Warrants or the Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agency Agreement (Biolase, Inc), Warrant (Westwater Resources, Inc.), Warrant Agency Agreement (Inpixon)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder date first above written.

Appears in 4 contracts

Samples: Shareholder Protection Rights Agreement (Pacific Sunwear of California Inc), Stockholder Protection Rights Agreement (Collective Brands, Inc.), Shareholder Protection Rights Agreement (Pacific Sunwear of California Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall the Warrant Agent will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding ; provided, however, that this Section 8.16 shall not affect any of the foregoing, in Company’s obligations to the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder Holders under the Pre-Funded Warrants and Common Warrants.

Appears in 4 contracts

Samples: Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Versata Inc), Preferred Stock Rights Agreement (Neomagic Corp), Preferred Stock Rights Agreement (Versata Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall the Warrant Agent will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding , it being understood that the foregoing, Warrant Agent shall use reasonable best efforts which are consistent with accepted practices in the event of such an occurrence, each party agrees banking industry to make a good faith effort to perform its obligations hereunder resume performance as soon as practicable under the circumstances.

Appears in 3 contracts

Samples: Warrant Agency Agreement (Great Ajax Corp.), Warrant Agency Agreement (Tenax Therapeutics, Inc.), Warrant Agency Agreement (Tenax Therapeutics, Inc.)

Force Majeure. Notwithstanding anything contained in this Agreement to the contrary contained herein contrary, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including and without the fault or gross negligence of the delayed or non-performing party, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding ; provided, that, the foregoing, in the event of such an occurrence, each party agrees Rights Agent shall use reasonable commercial efforts to make a good faith effort to perform its obligations hereunder resume or cure performance as soon as practicable.

Appears in 2 contracts

Samples: Swift Energy Co, Swift Energy Co

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Intraware Inc), Preferred Stock Rights Agreement (Intraware Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Transfer Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding Transfer Agent agrees that it shall maintain a business continuity and disaster recovery plan appropriate for an entity performing the foregoing Services as set forth in this Agreement, in and that it will resume performance as soon after any such delay or failure as is commercially reasonable under the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder circumstances.

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (First Trust Intermediate Duration Preferred & Income Fund), First Trust Dynamic Europe Equity Income Fund

Force Majeure. Notwithstanding anything to the contrary contained herein, neither no party shall be liable to any other party for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, malfunctions,13 interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 2 contracts

Samples: Transfer Agency and Service Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Transfer Agency and Service Agreement (Tortoise Power & Energy Infrastructure Fund Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including and without the fault or gross negligence of the delayed or non-performing party, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding ; provided that the foregoing, in the event of such an occurrence, each party agrees Rights Agent shall use reasonable commercial efforts to make a good faith effort to perform its obligations hereunder. resume or cure performance as soon as practicable.[Signature Page Follows]

Appears in 2 contracts

Samples: Rights Agreement (Vringo Inc), Rights Agreement (Vringo Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including and without the gross negligence of the delayed or non-performing party, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding ; provided that the foregoing, in the event of such an occurrence, each party agrees Rights Agent shall use reasonable commercial efforts to make a good faith effort to perform its obligations hereunder. resume or cure performance as soon as practicable.[Signature Page Follows]

Appears in 2 contracts

Samples: Zoom Telephonics, Inc., Zoom Telephonics, Inc.

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation but not limited to, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence, each party agrees to make a good faith developments and mitigation effort to perform its obligations hereunder with respect thereto.

Appears in 2 contracts

Samples: Rights Agreement (Yum China Holdings, Inc.), Rights Agreement (Yum China Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply terrorist acts, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder. [SIGNATURES ON THE FOLLOWING PAGE]

Appears in 2 contracts

Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Aep Industries Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Rights Agreement (Ameron International Corp), Preferred Stock Rights Agreement (LOCAL.COM)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Altigen Communications Inc), Rights Agreement (Rocky Brands, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Rights Plan to be duly executed by their respective authorized officers as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Citigroup Inc, Citigroup Inc

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Rights Agreement (HCI Group, Inc.), Rights Agreement (Carbonite Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Rights Agreement (Logicvision Inc), Rights Agreement (Clearwater Paper Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Rights Agreement (Consol Energy Inc), Rights Agreement (Contango Oil & Gas Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and their respective corporate seals to be hereunto affixed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 2 contracts

Samples: Rights Agreement (Smucker J M Co), Rights Agreement (Smucker J M Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in Issuer has executed this Warrant Certificate as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Unit Subscription Agreement (Flux Power Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding the foregoing, in the event of ; provided that Agent shall maintain and materially comply with a business continuity plan reasonably designed to prevent any such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder delays or failures.

Appears in 1 contract

Samples: Depositary Agreement (BlackRock Fixed Income Value Opportunities II)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Valero Gp Holdings LLC)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding unrest.[SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Vivus Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party Warrant Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Warrant (Preferred Apartment Communities Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent nor the Company shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and their respective corporate seals to be hereunto affixed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Amended and Restated Rights Agreement (Cooper Industries LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither no party shall hereunder will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or difficulties, war, civil unrest , or epidemics, pandemics, outbreaks of infectious diseases or any other public health crises (any such event, a “Force Majeure Event”). Notwithstanding the foregoing, in the event of such an occurrence If a Force Majeure Event occurs, each affected party’s obligations under this Deposit Agreement shall be postponed for such time as its performance is suspended or delayed on account thereof and such party agrees shall use its commercially reasonable efforts to make a good faith effort remove such Force Majeure Event as soon as and to perform its obligations hereunder the extent reasonably and practically possible.

Appears in 1 contract

Samples: Deposit Agreement (Triumph Bancorp, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party shall none of the Rights Agent, the Company or any of its Subsidiaries (except as it relates to the obligations of the Company under Section 3.2) will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 1 contract

Samples: Contingent Value Rights Agreement (OncoMed Pharmaceuticals Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including and without the fault or gross negligence of the delayed or non-performing party, without limitation, including acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest ; provided that the Rights Agent shall use reasonable commercial efforts to resume or cure performance as soon as practicable. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder. [Signature Page Follows]

Appears in 1 contract

Samples: Rights Agreement (Ariad Pharmaceuticals Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder. information

Appears in 1 contract

Samples: Hardinge Inc

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding unrest to the foregoing, in extent such acts or events are actually beyond the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder Rights Agent's reasonable control.

Appears in 1 contract

Samples: Rights Agreement (Vistacare, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest unrest to the extent such acts or events are actually beyond the Rights Agent's reasonable control. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees [Signature page to make a good faith effort to perform its obligations hereunder follow. ]

Appears in 1 contract

Samples: Rights Agreement (DHB Industries Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest , to the extent such acts or events are actually beyond the Rights Agent’s reasonable control. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed by their respective authorized officers as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Nobel Learning Communities Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and their respective corporate seals to be hereunto affixed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Management Network Group Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Amended and Restated Rights Agreement (News Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Plan to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder date first above written.

Appears in 1 contract

Samples: Ally Financial Inc.

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Rights Agreement to be duly executed and their respective corporate seals to be hereunder affixed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Quintana Maritime LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Rights Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Flow International Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence developments and mitigation effort with respect thereto. IN WITNESS WHEREOF, each party agrees the parties hereto have caused this Agreement to make a good faith effort to perform its obligations hereunder be duly executed and attested, all as of the day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Forest Laboratories Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The parties hereto have caused this Agreement to be duly executed and their respective corporate seals to be hereunder affixed and attested, all as of the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Ocz Technology Group Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties failures with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement (Pain Therapeutics Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed by their respective authorized officers as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Northwest Pipe Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed on July 8, in 2009 to be effective as of the event close of such an occurrence business on July 23, each party agrees to make a good faith effort to perform its obligations hereunder 2009.

Appears in 1 contract

Samples: Rights Agreement (Dawson Geophysical Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder date first above written.

Appears in 1 contract

Samples: Rights Agreement (Saba Software Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed, in as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Biomarin Pharmaceutical Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence, each party agrees to make a good faith developments and mitigation effort to perform its obligations hereunder. with respect thereto. [

Appears in 1 contract

Samples: Rights Agreement (Horizon Pharma PLC)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence developments and mitigation effort with respect thereto. IN WITNESS WHEREOF, each party agrees the parties hereto have caused this Agreement to make a good faith effort to perform its obligations hereunder be duly executed and attested, all as of the day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Hexcel Corp /De/)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance under this Agreement occurs and keep the Company apprised of such an occurrence, each party agrees to make a good faith developments and mitigation effort to perform its obligations hereunder with respect thereto.

Appears in 1 contract

Samples: Rights Agreement (Forest Oil Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply , pandemics, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence developments and mitigation effort with respect thereto.IN WITNESS WHEREOF, each party agrees the parties hereto have caused this Agreement to make a good faith effort to perform its obligations hereunder be duly executed and attested, all as of the day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Aar Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage storage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder date first above written.

Appears in 1 contract

Samples: Rights Agreement (MF Global Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation limitations, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions terrorist acts, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Mines Management Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation, including acts of God, acts of war or terrorism epidemics, pandemics, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding The Rights Agent shall provide the foregoing, Company prompt notice as soon as practicable in the event that any such delay or failure in performance occurs and keep the Company apprised of such an occurrence, each party agrees to make a good faith developments and mitigation effort to perform its obligations hereunder with respect thereto.

Appears in 1 contract

Samples: Rights Agreement (Whitestone REIT)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Plan to be duly executed, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Mathstar Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Rights Agreement to be duly executed as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (ProPhase Labs, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest. Notwithstanding IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Actuate Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war, or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing parties hereto have caused this Agreement to be duly executed and attested, in all as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Alexanders J Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with difficulties, information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding .IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Rights Agreement to be duly executed by their respective authorized officers as of the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder day and year first above written.

Appears in 1 contract

Samples: Rights Agreement (Spirit Airlines, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither party the Rights Agent shall not be liable for any delays or failures in the performance resulting from acts of its obligations under this Plan arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties difficulties, war or civil unrest . Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder .

Appears in 1 contract

Samples: SMTC Corp