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 North Carolina Premium Income Municipal Fund), Transfer Agency and Service Agreement (Nuveen Select Tax Free Income Portfolio 3), Transfer Agency and Service Agreement (Nuveen Georgia Dividend Advantage Municipal Fund)

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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 97 contracts

Samples: Rights Agreement (Inmune Bio, Inc.), Rights Agreement (Inmune Bio, Inc.), Rights Agreement

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 70 contracts

Samples: Warrant Agency Agreement (Helius Medical Technologies, Inc.), Warrant Agency Agreement (Elite Education Group International LTD), Warrant Agreement (Callon Petroleum Co)

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 60 contracts

Samples: Transfer Agency and Service Agreement (Nuveen Emerging Markets Debt 2025 Term Fund), Transfer Agency and Service Agreement (Goldman Sachs MLP Income Opportunities Fund), Transfer Agency and Service Agreement (Nuveen Dynamic Municipal Opportunities 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 42 contracts

Samples: Deposit Agreement (Allstate Corp), Deposit Agreement (Oceanfirst Financial 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 40 contracts

Samples: Transfer Agency and Service Agreement (Fiduciary/Claymore MLP Opportunity Fund), Transfer Agency and Service Agreement (Invesco High Income 2024 Target Term Fund), Transfer Agency and Service Agreement (ETF Managers Trust)

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), Contingent Value Rights Agreement (Actavis PLC)

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 (Invesco Van Kampen Trust for Investment Grade New York Municipals), Transfer Agency and Service Agreement (BlackRock Municipal Target Term Trust), Transfer Agency and Service Agreement (Invesco Van Kampen California Value Municipal Income Trust)

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 (Preferred Apartment Communities Inc), Warrant (Repros Therapeutics 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 18 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 (Syneron Medical Ltd.), Rights Agreement (On Track Innovations 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 (Manitowoc Co Inc)

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), Common Stock Warrant Agreement (Kingsway Financial Services Inc), Series a 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 (DelMar Pharmaceuticals, Inc.), Warrant Agency Agreement (Reebonz Holding 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, 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: Tax Asset Protection Rights Agreement (Aceto Corp), Tax Asset Protection Rights Agreement (Cambium Learning Group, Inc.), Rights Agreement (Town Sports International 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 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 (GCP Applied Technologies Inc.), 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 8 contracts

Samples: Depositary and Information Agent Agreement (Nuveen Mortgage Opportunity Term Fund 2), Depositary and Information Agent Agreement (Delaware Enhanced Global Dividend & Income Fund), Depositary and Information 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.), Form of Warrant Agency Agreement (Rennova Health, Inc.), Warrant Agency Agreement (VistaGen Therapeutics, 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 (Virtus Global Dividend & Income Fund Inc.), Transfer Agency and Service Agreement (Duff & Phelps Select Energy MLP Fund Inc.), 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 Agency Agreement (T3 Motion, Inc.), Warrant Agency Agreement (T3 Motion, Inc.), Warrant Agreement (Cardium 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 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 (Cracker Barrel Old Country Store, 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 Agency Agreement (Inpixon), Warrant (Westwater Resources, 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 date first above written.

Appears in 4 contracts

Samples: Stockholder Protection Rights Agreement (Collective Brands, Inc.), Shareholder Protection Rights Agreement (Pacific Sunwear of California Inc), Stockholder Protection Rights Agreement (Acuity Brands 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 (Versata Inc), Preferred Stock Rights Agreement (Neomagic Corp)

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: Section 382 Rights Agreement (Vringo Inc), Section 382 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: Rights Agreement (Rocky Brands, Inc.), Preferred Stock Rights Agreement (Altigen Communications 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 (Carbonite Inc), Rights Agreement (HCI 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 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 (Clearwater Paper Corp), Rights Agreement (Logicvision 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 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 (Contango Oil & Gas Co), Rights Agreement (Consol Energy 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 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 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: Section 382 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: Amended and Restated 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 [Remainder of page intentionally left blank] IN WITNESS WHEREOF, the foregoing, in parties hereto have caused this Agreement to be duly executed under seal 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 Preferred Shares Rights Agreement (Phoenix Technologies 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 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