Common use of Force Majeure Clause in Contracts

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 220 contracts

Samples: Rights Agreement (Manning & Napier, Inc.), Benefits Preservation Plan (Safeguard Scientifics Inc), Rights Agreement (WPCS International Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent neither party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts 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, war, 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: Agency and Service Agreement (Nuveen Select Tax Free Income Portfolio 3), Agency and Service Agreement (Nuveen California Select Tax Free Income Portfolio), Agency and Service Agreement (Nuveen Build America Bond Opportunity Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 91 contracts

Samples: Warrant Agency Agreement (Fat Brands, Inc), Warrant Agreement (RLJ Entertainment, Inc.), Warrant Agreement (Oculus Innovative Sciences, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, or civil unrest.

Appears in 71 contracts

Samples: Agency and Service Agreement (StoneCastle Financial Corp.), Agency and Service Agreement (Nuveen Core Equity Alpha Fund), Agency and Service Agreement (Nuveen Emerging Markets Debt 2022 Target Term Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 59 contracts

Samples: Rights Agreement (Cosi Inc), Rights Agreement (Barry R G Corp /Oh/), Contingent Value Rights Agreement (Mateon Therapeutics Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 52 contracts

Samples: Transfer Agency and Service Agreement (ETF Managers Trust), Transfer Agency and Service Agreement (Invesco High Income 2024 Target Term Fund), Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 51 contracts

Samples: Rights Agreement (Midas Inc), Rights Agreement (Lodgenet Entertainment Corp), Preferred Stock Rights Agreement (Commerce One Inc / De/)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 49 contracts

Samples: The Rights Agreement (Bearingpoint Inc), Rights Agreement (Autobytel Inc), Rights Agreement (Connetics Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall 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, 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, war, or civil unrest.

Appears in 48 contracts

Samples: Deposit Agreement (Capital One Financial Corp), Deposit Agreement (Regions Financial Corp), Deposit Agreement (Regions Financial Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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 , 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, war, or civil unrest.

Appears in 43 contracts

Samples: Agency and Service Agreement (Blackrock Floating Rate Income Strategies Fund, Inc.), Agency and Service Agreement (Tekla World Healthcare Fund), VRDP Shares Purchase Agreement (Blackrock Muniholdings New Jersey Quality Fund, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, or civil unrest.

Appears in 42 contracts

Samples: Warrant Agreement (Molycorp, Inc.), Series B Warrant Agreement (Repros Therapeutics Inc.), Warrant Agreement (Preferred Apartment Communities Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall 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, 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, war, or civil unrest.

Appears in 20 contracts

Samples: Deposit Agreement (Axis Capital Holdings LTD), Deposit Agreement (TriState Capital Holdings, Inc.), Deposit Agreement (Iberiabank Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 16 contracts

Samples: Rights Agreement (Cracker Barrel Old Country Store, Inc), Rights Agreement (Eastman Kodak Co), Shareholder Rights Protection Agreement (Pier 1 Imports Inc/De)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 14 contracts

Samples: Rights Agreement (Pepsi Bottling Group Inc), Tax Asset Protection Rights Agreement (Aceto Corp), Rights Agreement (Town Sports International Holdings Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 14 contracts

Samples: Rights Agreement (Star Equity Holdings, Inc.), Rights Agreement (Smucker J M Co), Rights Agreement (Simpson Manufacturing Co Inc /Ca/)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 12 contracts

Samples: Shareholder Rights Agreement (M&f Bancorp Inc /Nc/), Section 382 Rights Agreement (Pulte Homes Inc/Mi/), Rights Agreement (Jakks Pacific Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions disruptions in public utilities, 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, war, pandemics, epidemics or civil unrest.

Appears in 11 contracts

Samples: Warrant Agreement (Bonanza Creek Energy, Inc.), Warrant Agreement (Whiting Petroleum Corp), Warrant Agreement (FTS International, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God , pandemics, epidemics, 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, war, or civil unrest.

Appears in 11 contracts

Samples: Warrant Agent Agreement (Biofrontera Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not neither party hereto will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 10 contracts

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

Force Majeure. Notwithstanding anything to the contrary contained herein in this Plan, the Rights Agent shall will 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, 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, war, war or civil unrest.

Appears in 8 contracts

Samples: Tax Benefit Preservation Plan (Digirad Corp), Tax Asset Protection Plan (Wet Seal Inc), Tax Benefit Preservation Plan (Aetrium Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 8 contracts

Samples: Section 382 Rights Agreement (Navidea Biopharmaceuticals, Inc.), Rights Agreement (Universal Technical Institute Inc), Section 382 Rights Agreement (Gannett Co., Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 8 contracts

Samples: Rights Agreement (Rsa Security Inc/De/), Preferred Stock Rights Agreement (Avanex Corp), Preferred Stock Rights Agreement (Avanex Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights neither Agent nor Georgeson shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 8 contracts

Samples: Depositary and Information Agent Agreement (Nuveen Taxable Municipal Income Fund), Depositary and Information Agent Agreement (Nuveen Mortgage Opportunity Term Fund 2), Depositary and Information Agent Agreement (Delaware Enhanced Global Dividend & Income Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Agreement, the Rights Agent shall will 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, 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, war, war or civil unrest.

Appears in 8 contracts

Samples: Preferred Shares Rights Agreement (China Biologic Products, Inc.), Preferred Shares Rights Agreement (Nuance Communications, Inc.), Preferred Shares Rights Agreement (China Biologic Products Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, or civil unrest.

Appears in 7 contracts

Samples: Warrant Agreement (Foresight Energy LP), Warrant Agreement (Louisiana-Pacific Corp), Warrant Agreement (Lee Enterprises, Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . [The remainder of this page is intentionally left blank. ]

Appears in 7 contracts

Samples: Rights Agreement (Hertz Corp), Rights Agreement (DHT Holdings, Inc.), Rights Agreement (Scientific Games Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts of any act, duty, obligation or responsibility by reason of any occurrence beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 6 contracts

Samples: Stockholders Rights Agreement (Castor Maritime Inc.), Shareholders Rights Agreement (Nordic American Offshore Ltd.), Stockholders Rights Agreement (Castor Maritime Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent no party shall not 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, 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, war, or civil unrest.

Appears in 6 contracts

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

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Tax Benefits Preservation Plan (CF Industries Holdings, Inc.), Contingent Value Rights Agreement (Acelrx Pharmaceuticals Inc), Ldi Contingent Value Rights Agreement

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control control, including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agency Agreement (Algernon Pharmaceuticals Inc.), Warrant Agency Agreement (Creative Medical Technology Holdings, Inc.), Warrant Agency Agreement (Agora Digital Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions disruptions in public utilities, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement (Denbury Inc), Warrant Agreement (Harvest Oil & Gas Corp.), Warrant Agreement (Ultra Petroleum Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest . . [Signature Page Follows]

Appears in 5 contracts

Samples: Rights Agreement (Pride SpinCo, Inc.), Rights Agreement (Electro Scientific Industries Inc), Rights Agreement (Seahawk Drilling, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent no party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Rights Agreement (Standard Pacific Corp /De/), Warrant Agreement (Bonanza Creek Energy, Inc.), Warrant Agreement (C&J Energy Services Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest . [The remainder of this page has been left intentionally blank. ]

Appears in 5 contracts

Samples: Warrant Agreement (Immunomedics Inc), Warrant Agreement (Argos Therapeutics Inc), Warrant Agreement (Seattle Genetics Inc /Wa)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement (Teekay Offshore Partners L.P.), Warrant Agreement (McDermott International Inc), Warrant Agreement (McDermott International Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 5 contracts

Samples: Plan and Rights Agreement (Mathstar Inc), Tax Benefit Preservation Plan (Ford Motor Co), Tax Benefit Preservation Plan (Ford Motor Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 5 contracts

Samples: Warrant Agreement, Warrant Agreement (Comstock Oil & Gas, LP), Warrant Agreement (Hercules Offshore, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest ; provided, however, that this provision shall not affect or limit in any way the obligations of the Company to the Holders under the Global Warrants or the Warrant Certificates.

Appears in 4 contracts

Samples: Warrant Agency Agreement (Lexaria Bioscience Corp.), Warrant Agency Agreement (Ascent Solar Technologies, Inc.), Warrant Agency Agreement (Ascent Solar Technologies, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Rights Agreement (Providence Service Corp), Rights Agreement (Sunshine Heart, Inc.), Rights Agreement (Aep Industries Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Radian Group Inc), Tax Benefit Preservation Plan (Autobytel Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts , pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Section 382 Rights Agreement (Gogo Inc.), Section 382 Rights Agreement (Whiting Petroleum Corp), Section 382 Rights Agreement (Chesapeake Energy Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . . [Signature Page Follows]

Appears in 4 contracts

Samples: Rights Agreement (Safeway Inc), Rights Agreement, Stockholders Rights Agreement (Box Ships Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall 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 , pandemics, epidemics, 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, war, or civil unrest.

Appears in 4 contracts

Samples: Deposit Agreement (Regions Financial Corp), Deposit Agreement (Regions Financial Corp), Deposit Agreement (Cullen/Frost Bankers, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, the Company or any of its Subsidiaries will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Unum Therapeutics Inc.), Agreement and Plan of Merger (Aprea Therapeutics, Inc.), Agreement and Plan of Merger (Unum Therapeutics Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, or civil unrest. "

Appears in 4 contracts

Samples: VRDP Shares Purchase Agreement (Blackrock Muniholdings New Jersey Quality Fund, Inc.), Agency and Service Agreement (Blackrock Floating Rate Income Strategies Fund, Inc.), Agency and Service Agreement (BlackRock Resources & Commodities Strategy Trust)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest . . [Signature page follows]

Appears in 4 contracts

Samples: Shareholders Rights Agreement (Genco Shipping & Trading LTD), Shareholders Rights Agreement (Baltic Trading LTD), Shareholders Rights Agreement (Baltic Trading LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Agreement, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation including fires, floods, natural disasters, acts of God, terrorist acts, shortage of supply , legal restrictions, 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Preferred Shares Rights Agreement (E2open Inc), Preferred Stock Rights Agreement (Woodward, Inc.), Preferred Stock Rights Agreement (KBS Fashion Group LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, facilities or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 4 contracts

Samples: Rights Agreement (News Corp), Rights Agreement (News Corp), Rights Agreement (News Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Depositary, any Depositary’s Agent, any Transfer Agent shall and any Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 4 contracts

Samples: Deposit Agreement (AXA Equitable Holdings, Inc.), Deposit Agreement (Metlife Inc), Deposit Agreement (Metlife Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, the Parent or any of its Subsidiaries will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Contingent Value Rights Agreement (Communications Systems Inc), Contingent Value Rights Agreement (Communications Systems Inc), Contingent Value Rights Agreement (Pineapple Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including Including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 4 contracts

Samples: Agency and Service Agreement (Guggenheim Taxable Municipal Managed Duration Trust), Transfer Agency and Service Agreement (Advent Claymore Convertible Securities & Income Fund), Agency and Service Agreement (Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund))

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, epidemics, pandemics, government orders, shortage of supply, breakdowns or malfunctions disruptions in public utilities, 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, war, or civil unrest.

Appears in 4 contracts

Samples: Warrant Agreement (Lonestar Resources US Inc.), Warrant Agreement, Warrant Agreement

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . . (Signature Page Follows)

Appears in 4 contracts

Samples: Rights Agreement (Catalyst Pharmaceutical Partners, Inc.), Rights Agreement (Retail Ventures Inc), Rights Agreement (Medical Staffing Network Holdings Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war epidemics, pandemics, war or civil unrest . This provision has no effect on the Company’s liability for the performance of its obligations under the Warrants.

Appears in 4 contracts

Samples: Warrant Agent Agreement (Irsa Investments & Representations Inc), Warrant Agent Agreement (Cresud Inc), Warrant Agent Agreement (Irsa Investments & Representations Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest ; provided, however, that this Section 8.16 shall not affect any of the Company’s obligations to the 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, the Rights 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . This provision has no effect on the Company’s liability for the performance of its obligations under the Warrants.

Appears in 4 contracts

Samples: Warrant Agent Agreement (Cellect Biotechnology Ltd.), Warrant Agent Agreement (Cellect Biotechnology Ltd.), Warrant Agent Agreement (Medigus Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Plan, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation including fires, floods, natural disasters, acts of God, terrorist acts, shortage of supply , legal restrictions, 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, war, war or civil unrest.

Appears in 4 contracts

Samples: Tax Benefit Preservation Plan (Echelon Corp), Tax Benefit Preservation Plan (Fluidigm Corp), Tax Benefit Preservation Plan (Aviat Networks, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest .

Appears in 3 contracts

Samples: Rights Agreement (Kaiser Aluminum Corp), Rights Agreement (Lone Pine Resources Inc.), I Rights Agreement (Lone Pine Resources Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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 , pandemics, epidemics, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Office Depot Inc), Rights Agreement (Office Depot Inc), Rights Agreement (Nn Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall Depositary, any Depositary’s Agent, Transfer Agent, or Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Deposit Agreement (Washington Federal Inc), Deposit Agreement (Wesco International Inc), Deposit Agreement (Synchrony Financial)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither Warrant Agent nor the Rights Agent Company shall not be liable for for, or considered to be in breach of or default under this Agreement (including Section 13) on account of any delays delay or failures in performance resulting from acts failure to perform its obligations hereunder due to causes beyond its such party’s reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Warrant Agent Agreement (NeuroMetrix, Inc.), Warrant Agent Agreement (AMEDICA Corp), Warrant Agent Agreement (NeuroMetrix, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (DMRC Corp), Rights Agreement, Rights Agreement (Digimarc CORP)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Preferred Stock Rights Agreement (Vivus Inc), Preferred Stock Rights Agreement (Vivus Inc), Rights Agreement (Legacy Education Alliance, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall 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, terrorist acts, shortage of supply , pandemics or epidemics, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Deposit Agreement (Argo Group International Holdings, Ltd.), Deposit Agreement (Wintrust Financial Corp), Deposit Agreement (CMS Energy Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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 , 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 difficulties, information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Tribune Publishing Co), Rights Agreement (Tribune Publishing Co), Rights Agreement (FTS International, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . (Signature Page Follows)

Appears in 3 contracts

Samples: Tax Benefit Preservation Plan (Maxar Technologies Inc.), Tax Benefit Preservation Plan (Bebe Stores, Inc.), Sale Agreement (B. Riley Financial, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of malfunctions or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Itron Inc /Wa/), Shareholder Rights Plan (Synovus Financial Corp), Shareholder Rights Plan (Synovus Financial Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest. "

Appears in 3 contracts

Samples: Rights Agreement (Conductus Inc), Rights Agreement (Bombay Company Inc), Rights Agreement (Newell Rubbermaid Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . [This space intentionally left blank. ]

Appears in 3 contracts

Samples: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Asyst Technologies Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent Neither party shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 3 contracts

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

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 3 contracts

Samples: Rights Agreement (Live Nation Entertainment, Inc.), Rights Agreement (Zoetis Inc.), Rights Agreement (Baxalta Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall not be liable incur any liability for not performing, or a delay in the performance of, any delays act, duty, obligation or failures in performance resulting from acts responsibility by reason of any occurrence beyond its the reasonable control of the Rights Agent (including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of malfunctions or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest ).

Appears in 3 contracts

Samples: Tax Benefits Preservation Plan (Fidelity Southern Corp), Rights Agreement (Iron Mountain Inc), Tax Benefits Preservation Plan (Fidelity Southern Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, war or civil unrest.

Appears in 3 contracts

Samples: Contingent Value Rights Agreement (Biomarin Pharmaceutical Inc), Value Rights Agreement (Prosensa Holding N.V.), Rights Agreement (Biomarin Pharmaceutical Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent neither party hereto shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 3 contracts

Samples: Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc), Depositary Agreement (Delaware Investments Dividend & Income Fund, Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent shall 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, terrorist acts , epidemics, pandemics, 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, war, or civil unrest.

Appears in 2 contracts

Samples: Deposit Agreement (Western Alliance Bancorporation), Deposit Agreement (Atlantic Union Bankshares Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (New Duke Holdco, Inc.), Assignment and Assumption Agreement (Golden Nugget Online Gaming, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein in this Agreement, the Rights Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including control, without limitation including provision of any present or future law or regulation or government authority, terrorist acts, epidemics, pandemics, fires, floods, natural disasters, acts of God, terrorist acts, shortage of supply , legal restrictions, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement, Preferred Stock Rights Agreement (Twitter, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Inseego Corp.), Section 382 Rights Agreement (Merrimack Pharmaceuticals Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Alexanders J Corp), Rights Agreement (Craftmade International Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Warrant Agent shall will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, 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, war, or civil unrest . . [Remainder of page intentionally left blank]

Appears in 2 contracts

Samples: Warrant Agreement (Contura Energy, Inc.), Warrant Agreement (Contura Energy, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest , to the extent such acts or events are actually beyond the Rights Agent’s reasonable control.

Appears in 2 contracts

Samples: Rights Agreement (Usa Technologies Inc), Rights Agreement (Nobel Learning Communities Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, terrorist acts, epidemics, pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . This provision has no effect on the Company’s liability for the performance of its obligations under the Warrants.

Appears in 2 contracts

Samples: Warrant Agent Agreement (Therapix Biosciences Ltd.), Warrant Agent Agreement (Therapix Biosciences Ltd.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . [Signature page follows. ]

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Triumph Group Inc), Tax Benefits Preservation Plan

Force Majeure. Notwithstanding anything to the contrary contained herein, neither the Company nor 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, 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, war, war or civil unrest. "

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Third Wave Technologies Inc /Wi), Preferred Stock Rights Agreement (Third Wave Technologies Inc /Wi)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest. ” MISCELLANEOUS

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (Bea Systems Inc), Preferred Stock Rights Agreement (Bea Systems Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Agent DTAC shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, blockchain forks, interruptions, disruptions of blockchain or smart-contract-related failures, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, or civil unrest.

Appears in 2 contracts

Samples: Form of Transfer Agency and Service Agreement (Arca U.S. Treasury Fund), Transfer Agency and Service Agreement (Arca U.S. Treasury Fund)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, or civil unrest . . 41

Appears in 2 contracts

Samples: Stockholders Rights Agreement (Navios Maritime Holdings Inc.), Stockholders Rights Agreement (Navios Maritime Holdings Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Lance Inc), Rights Agreement (Artisan Components Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, terrorist acts, epidemics, pandemics, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (F-Star Therapeutics, Inc.), Contingent Value Rights Agreement (F-Star Therapeutics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, none of the Rights Agent shall not Agent, Aspire or any of its Subsidiaries (except as it relates to the obligations of the Company under Article 3) will be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, including acts of God , pandemics (including COVID-19), 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Contingent Value Rights Agreement (Aduro Biotech, Inc.), Contingent Value Rights Agreement (Chinook Therapeutics, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Warrant Agreement (Tejon Ranch Co), Warrant Agreement (Tejon Ranch Co)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights Depositary, any Depositary’s Agent, any Transfer Agent shall and any Registrar will not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts , pandemics, epidemics, 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, war, or civil unrest.

Appears in 2 contracts

Samples: Deposit Agreement (Equitable Holdings, Inc.), Deposit Agreement (Equitable Holdings, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, neither the Rights Agent nor the Company 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, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Cooper Industries LTD), Rights Agreement (Cooper Industries LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, or civil unrest . (Signature page follows. )

Appears in 2 contracts

Samples: Warrant Agreement (Celator Pharmaceuticals Inc), Warrant Agreement (Celator Pharmaceuticals Inc)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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 , epidemics, pandemics, 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, war, or civil unrest . [The remainder of this page is intentionally left blank. ]

Appears in 2 contracts

Samples: Rights Agreement (Commvault Systems Inc), Rights Agreement (Dave & Buster's Entertainment, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Rights Agreement (Williams Companies, Inc.), Rights Agreement (Spirit Airlines, Inc.)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, 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, war, pandemics, epidemics or civil unrest.

Appears in 2 contracts

Samples: Warrant Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, terrorist acts, epidemics, pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . Exhibit A — Form of Warrant Certificate

Appears in 2 contracts

Samples: Warrant Agreement (Tritium DCFC LTD), Warrant Agreement (Tritium DCFC LTD)

Force Majeure. Notwithstanding anything to the contrary contained herein, the Rights 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, terrorist acts, epidemics, pandemics, shortage of supply, breakdowns or malfunctions, interruptions or malfunction malfunctions of any utilities, communications, or computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war, war or civil unrest . . Exhibit A Form of Warrant Certificate

Appears in 2 contracts

Samples: Warrant Agreement (ReNew Energy Global PLC), Warrant Agreement (ReNew Energy Global PLC)

Force Majeure. Notwithstanding anything to the contrary contained herein, 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, 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, war, war or civil unrest.

Appears in 2 contracts

Samples: Tax Benefits Preservation Plan (Energy Conversion Devices Inc), Rights Plan (Smith Electric Vehicles Corp.)