Common use of Force Majeure Clause in Contracts

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 829 contracts

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

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Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 77 contracts

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

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Contract, then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 56 contracts

Samples: Price Agreement, Price Agreement, Price Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 34 contracts

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

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars cause of Force Majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. This Clause includes COVID-19 which is a Declared Pandemic and any future Declared Pandemics.

Appears in 24 contracts

Samples: Vendor Agreement, And Vendor Agreement, Cooperative and Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. This Clause includes COVID-19 which is a Declared Pandemic and any future Declared Pandemics.

Appears in 13 contracts

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

Force Majeure. If In the event either Party hereto is rendered unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then Agreement, such party Party shall promptly give written notice and fully reasonably complete particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence Party stating the obligation(s) the performance of which are, or are expected to be, delayed or prevented. Notwithstanding anything herein to the contrary, the obligations of the notifying Party shall be suspended during and to the extent affected by Force Majeure and such event or cause relied upon, and the obligation of the party giving such noticeshall, so far as it is affected by such Force Majeurepossible, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability remedied with all reasonable dispatch.

Appears in 8 contracts

Samples: Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC), Off Take Agreement (Lincolnway Energy, LLC)

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

Appears in 6 contracts

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

Force Majeure. If In the event either Party hereto is rendered unable by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part Majeure to carry out its obligations under this Agreement then Agreement, upon such party shall give Party giving written notice and fully particulars of such Force Majeure in writing to the other party within a reasonable time Party as soon as possible after the occurrence of the event or cause relied uponon, and the obligation obligations of the party Party giving such notice, so far as it is they are affected by such Force Majeure, shall (except as otherwise provided in Article 13) be suspended during the continuance of the any inability then claimed, except as hereinafter providedso caused, but for no longer period, and such party shall endeavor to remove or overcome such inability cause shall, so far as reasonably possible, be remedied with all reasonable dispatch.

Appears in 6 contracts

Samples: Ethanol Marketing Agreement (Advanced BioEnergy, LLC), S Grains Marketing Agreement (Advanced BioEnergy, LLC), Ethanol and Distiller’s Grains Marketing Agreement (Heron Lake BioEnergy, LLC)

Force Majeure. A. If by reason of Force Majeure, either party hereto shall be rendered unable wholly unable, in whole or in part part, to carry out its obligations under this Agreement Agreement, then such and in that event, said party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence thereafter giving the full particulars of the event or cause relied upon, and the obligation such Force Majeure. The obligations of the party giving such notice, so far as it is affected by such Force Majeure, shall be thereupon suspended and such suspension shall continue during the continuance of the period in which such inability then claimed, except as hereinafter continues; provided, but for no longer periodhowever, and such the disabled party shall endeavor with all reasonable dispatch to remove or overcome such inability with all reasonable dispatchan inability.

Appears in 4 contracts

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

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchreasonabledispatch.

Appears in 2 contracts

Samples: Vendor Contract, Vendor Contract

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. This shall include a declared pandemic like Covid-19.

Appears in 2 contracts

Samples: Cooperative and Vendor Agreement, Cooperative and Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.. For avoidance of doubt, “

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If No Party shall be in default under this Agreement, or shall have any obligation to the other Party, if such Party is unable to perform under this Agreement by reason of act of God, fire, flood, strike, national emergency or other contingency beyond its reasonable control (a “Force Majeure”). Such Party shall give the other Party prompt notice of any interruption of performance on account of Force Majeure, either party hereto and of the resumption of such performance, and shall be rendered unable wholly keep the other Party informed on a current basis as to the steps being taken to remove, and the anticipated time of removal of, the circumstances resulting in such Force Majeure. Notwithstanding the foregoing, nothing in this Section 7.14 shall excuse or in part suspend the obligation to carry out its obligations make any payment due under this Agreement then such party shall give notice in the manner and fully particulars of Force Majeure in writing to at the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchprovided herein.

Appears in 1 contract

Samples: Confidential Treatment Requested (Bristol Myers Squibb Co)

Force Majeure. If by reason of Force Majeure, either party hereto shall be is rendered unable unable, wholly or in part part, by Force Majeure to carry out its obligations under this Agreement then other than to make payments due hereunder, then, upon such party shall give party's giving notice and fully particulars of such Force Majeure in writing to the other party within a reasonable time promptly after the occurrence of or discovery thereof, the event or cause relied upon, and the obligation obligations of the party giving such notice, so far as it is they are affected by such Force Majeure, shall be suspended during the continuance of the any inability then claimed, except as hereinafter provided, so caused but for no longer period, and such party cause shall endeavor to remove or overcome such inability as far as possible be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Balancing Agreement

Force Majeure. If by reason of Force Majeure, either party Majeure any Party hereto shall will be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then if such party shall Party will give notice and fully full particulars of such Force Majeure in writing to the other party Parties within a reasonable time after the occurrence of the event or cause relied uponon, and the obligation of the party Party giving such notice, so far as it its performance is affected prevented by such Force Majeure, shall will be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party shall Party will endeavor to remove or overcome such inability with all reasonable dispatch.. The term “

Appears in 1 contract

Samples: Funding and Management Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then Agreementthen such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If Except for payment obligations, if by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered is unable wholly or in part to carry out its obligations obligation under this Agreement Agreement, then if such party shall give notice and fully gives written notice, including the full particulars of such “Force Majeure in writing Majeure” to the other party within a reasonable time after occurrence of the event or cause relied uponon, and the obligation of the party giving such this notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter providedinability, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.. The term “

Appears in 1 contract

Samples: Redevelopment Agreement

Force Majeure. If by reason of Force Majeure, Majeure either party Party hereto shall be 29 rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then such party 30 Party shall give notice and fully full particulars of such Force Majeure in writing to the other party Party 31 within a reasonable time after occurrence of the event or cause relied uponon, and the obligation of the party such 32 Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended 1 during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and any such party Party 2 shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Agreement

Force Majeure. If No Party shall be in default under this Agreement, or shall have any obligation to the other Party, if such Party is unable to perform under this Agreement by reason of act of God, fire, flood, strike, national emergency or other contingency beyond its reasonable control (a “Force Majeure”). Such Party shall give the other Party prompt notice of any interruption of performance on account of Force Majeure, either party hereto and of the resumption of such performance, and shall be rendered unable wholly keep the other Party informed on a current basis as to the steps being taken to remove, and the anticipated time of removal of, the circumstances resulting in such Force Majeure. Notwithstanding the foregoing, nothing in this Section 8.13 shall excuse or in part suspend the obligation to carry out its obligations make any payment due under this Agreement then such party shall give notice in the manner and fully particulars of Force Majeure in writing to at the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchprovided herein.

Appears in 1 contract

Samples: Definitive Agreement (Bristol Myers Squibb Co)

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Force Majeure. If No Party shall be in default under this Agreement, or shall have any obligation to the other Party, if such Party is unable to perform under this Agreement by reason of act of God, fire, flood, strike, national emergency or other contingency beyond its reasonable control (a “Force Majeure”). Such Party shall give the other Party prompt notice of any interruption of performance on account of Force Majeure, either party hereto and of the resumption of such performance, and shall be rendered unable wholly keep the other Party informed on a current basis as to the steps being taken to remove, and the anticipated time of removal of, the circumstances resulting in such Force Majeure. Notwithstanding the foregoing, nothing in this Section 8.14 shall excuse or in part suspend the obligation to carry out its obligations make any payment due under this Agreement then such party shall give notice in the manner and fully particulars of Force Majeure in writing to at the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatchprovided herein.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Bristol Myers Squibb Co)

Force Majeure. If by reason Ifbyreason of Force Majeure, either party hereto shall be rendered unable wholly or in part eitherpartyhereto shallbe renderedunable whollyorinpart to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, and the obligation of the party giving such noticeaffected party, so far as it is affected by such Force MajeureMajeure as described, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Right of Entry and License Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.. A “

Appears in 1 contract

Samples: General Information

Force Majeure. If by reason of Force MajeureMajeure any Party hereto is rendered unable, either party hereto shall be rendered unable wholly or in part part, to carry out its obligations under this Agreement then Transition Agreement, and if such party shall give Party gives notice and fully reasonably full particulars of such Force Majeure in writing or by facsimile transmission to the other party within a reasonable time after the occurrence of the event or cause relied uponon, and the obligation of the party Party giving such notice, so far as and to the extent that it is affected by such Force Majeure, shall not be suspended liable for failure of performance hereof during the continuance of the any inability then claimed, except as hereinafter provided, but for no longer period, and so caused; provided such party cause shall endeavor to remove or overcome such inability be remedied with all reasonable dispatch.

Appears in 1 contract

Samples: Transition Services Agreement (Rosetta Resources Inc.)

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Contract, then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. This clause does not relieve the OETC Member from obligations to pay for products received or services performed.

Appears in 1 contract

Samples: Price Agreement

Force Majeure. If by reason of Force MajeureMajeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either party Party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this Agreement then such party Party shall give notice and fully full particulars of the Force Majeure event, in writing writing, to the other party Party, within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party Party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Interlocal Participation Agreement

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.. TIPS VENDOR AGREEMENT Ver.10192017.rp

Appears in 1 contract

Samples: Vendor Agreement

Force Majeure. If If, by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement Agreement, then such party shall give notice and fully full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Agreement (Micro Media Solutions Inc)

Force Majeure. If by reason of Force MajeureMajeure (i.e. acts of God, strikes, lockouts, or other industrial disturbances, etc.), either party Party hereto shall be rendered unable unable, wholly or in part part, to carry out its obligations under this the Agreement then such party Party shall give notice and fully full particulars of the Force Majeure event, in writing writing, to the other party Party, within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party Party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party Party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Appears in 1 contract

Samples: Internet Service Agreement Terms and Conditions

Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all in a commercially reasonable dispatch.manner..

Appears in 1 contract

Samples: Tips Vendor Agreement

Force Majeure. If In case by reason of Force Majeure, either party hereto shall be rendered is unable wholly or in part to carry out its obligations obligation under this Agreement Agreement, then if such party shall give notice and fully gives written notice, including the full particulars of such “Force Majeure in writing Majeure” to the other party within a reasonable time after occurrence of the event or cause relied uponon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter providedinability, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.. The term “

Appears in 1 contract

Samples: Redevelopment Agreement

Force Majeure. 1. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatcheffort.

Appears in 1 contract

Samples: Neurocycle Facilitation Certification and License Agreement

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