FORCE MAJURE Sample Clauses

FORCE MAJURE. Neither party ▇▇▇▇l be deemed to be in breach of this Agreement or otherwise be liable to the other by reason of any delay in performing or failure to perform any obligations hereunder to the extent that such delay or failure was due to any force majeure of which it has notified the other party, and the time of performance of that obligation shall be extended accordingly. If the force majeure in question prevails for a continuous period in excess of 30 days, the parties shall enter into bona fide discussions with a view to alleviating its effects or to agree to such alternative arrangements as may be fair and reasonable. Without prejudice to the generality of the foregoing, the following, without limitation, shall be regarded as force majeure: acts of God, explosions, floods, tempest, fires or accidents, war or threat of war, acts, restrictions or regulations of any government or governmental agency, import or export regulations or embargoes, strikes or other labor troubles, difficulties in obtaining raw materials, power failure or breakdowns in machinery or any other cause beyond the control of, or occurring without the fault of, the party asserting the force majeure.

FORCE MAJURE. If at any time, during the continuance of this contract, the performance in whole or in part by either party, of any obligation under this contract, shall be prevented or delayed by reason of any floods, explosions, epidemics, quarantine restriction or act of God (hereinafter referred to as events), provided notice of happenings of any such eventuality is given by either party to the other within 7 days from the date of occurrence thereof, neither party shall be due to reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non-performance or delay in performance. The operation of contract shall be resumed as soon as practicable after such event may come to an end or cease to exist and the decision of the IIMR as to whether the operation have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under his contract is prevented or delayed by reason of any such event for a period exceeding 90 days either party may at his option terminate the contract. Provided, also that if the contract is terminated under this clause, the IIMR shall be at liberty to take over from the Security Agency, the security personnel, vehicles & equipment deployed in the campus until a new security agency is appointed and commences the operation.

FORCE MAJURE. Neither Party will be liable for any failure to ▇▇▇▇▇▇m any obligations (other than payment obligations) 1. hereunder, or from any delay in the performance thereof, due to causes beyond its control, including labor disputes, flood, riot, fire, acts of God, acts of public enemy, acts of government (including judicial), failure of telecommunications or similar technical failures, or other casualty.

FORCE MAJURE. Neither party shall be liable to the other for its ▇▇ilure to perform any of its obligations under this Agreement during any period in which such performance is delayed because or rendered impracticable due to circumstances beyond its reasonable control, including government regulation and acts of God, provided that the party experiencing the delay promptly notifies the other party of the delay.

FORCE MAJURE. In the event that Landlord or Tenant shall be del▇▇▇▇, hindered in or prevented from the performance of any act required hereunder by reason of Force Majure, then performance of such act shall be excused for the ▇eriod of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, unless such Force Majure event shall be in a nature of earthquake, hurrican▇, ▇▇ other like disaster, the party seeking such delay shall promptly notify the other party to benefit from the terms hereof. For the purposes of this Lease Force Majure shall be defined as; Acts of God, strikes, lockout▇, ▇▇▇or troubles, inability to provide materials, failure of power, restrictive legal requirements, riots and insurrection, acts of public enemy, wars, earthquakes, hurricanes or other natural disasters, fires, explosions, any act, failure to act, or default of the other party of this Lease. EXECUTED as a sealed instrument on the day and year first above written. WITNESSES: WELLESLEY/ROSEWOOD MAYNARD MILLS LIMITED ▇▇▇▇▇▇▇▇▇▇▇ /s/ ROBERT D. MCGUIRE By: /s/ ROBERT W. MCNAMARA, JR. -------------------------------- ---------------------------------- Name: Robert W. McNamara, Jr. ▇▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇or WITNESSES: SOFTLOCK SERVICES, INC. /s/ ROBERT D. MCGUIRE By: /s/ KEITH LORIS -------------------------------- ---------------------------------- Name: Keith Loris Title: CEO EXHIBIT A TENANT'S SPACE PLAN ------------------- EXHIBIT B LANDLORD'S SERVICES ------------------- Landlord shall pay the following sums in full with respect to the premises: 1. All costs for providing reasonable HVAC (whether by consumption of oil, natural gas, common area electricity or otherwise). Reasonable to be defined as a complete year round heating, ventilating and air conditioning system as required to provide a uniform temperature of 72 degrees in all areas of the floor with 10 degrees outside for heating and 75 degrees with 89 degrees outside for cooling. 2. All costs for providing on-going electricity to the common areas. 3. All costs for providing water and/or sewer to the premises. 4. All costs for snow plowing and/or shoveling to provide Tenant and Tenants customers and/or licensees access to the premises. 5. All costs for cleaning of common areas. 6. All HVAC systems will be operational from 7:30 a.m. to 7:30 p.m. Monday through Friday and 8:30 a.m. to 1:00 p.m. on Saturdays. Additional service will be provided on a...

FORCE MAJURE. Force Majure" means any act of God, fire, flood or governmen▇▇▇ ▇▇gulation, ▇▇▇▇▇tion or request, or accident, labor dispute, unavoidable breakdown, civil unrest or disruption to the extent that any such circumstances both materially adversely affect the business of the Borrower and are beyond the control of the Borrower

FORCE MAJURE. Neit▇▇▇ ▇▇rty shall be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including but not limited to acts of God, extreme and severe weather and/or natural disaster, war or warlike conditions, terrorism, riot, embargoes, acts of civil or military authority, fire, flood, accidents, strikes or labor shortages, sabotage, Internet failure, transportation facilities shortages, fuel or materials or for failures of equipment, telecommunications facilities or third party software programs.

FORCE MAJURE. The performance by ei▇▇▇▇ ▇arty of any obligation under this Agreement, other than an obligation to pay money, shall be excused for any reason customarily regarded as constituting force majure.

FORCE MAJURE. Sunstone assumes no ▇▇▇▇▇▇sibility hereunder, and shall not be liable, for any damage, loss of data, errors, delay or any other loss whatsoever caused by events beyond its reasonable control. Sunstone will, however, take all reasonable steps to minimize service interruptions for any period that such interruption continues beyond Sunstone's control.