Infeasible Clause Samples
The 'Infeasible' clause defines the circumstances under which a party is excused from performing its contractual obligations if fulfilling them becomes impossible or unreasonably difficult. Typically, this clause applies when unforeseen events—such as natural disasters, regulatory changes, or other extraordinary circumstances—make it impractical or impossible for one or both parties to continue with the contract as originally agreed. Its core function is to allocate risk and provide a clear process for handling situations where performance cannot reasonably be expected, thereby protecting parties from liability in cases of genuine infeasibility.
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Infeasible. “Infeasible” shall have the same meaning as the term “infeasible” in 45 C.F.R. § 164.504(e)(2)(ii)(I).
Infeasible. Solutions
a. If, during the actual PBS run, it becomes apparent that the PBS system will result in an infeasible solution or the solution is processing too slowly that it may not comply with the applicable time requirements, the Company may discontinue the PBS run. In such instances, the Company shall notify the National Scheduling Chair of each situation as soon as possible.
b. During the notification process, the Company shall provide the National Scheduling Chair the following information:
i. Reason the PBS run was terminated;
ii. Proposed PBS setting(s) to be modified for the run; and,
iii. Company contact number and time of call, if the Union’s designated National Scheduling Chair is not available.
c. Upon notification of an unsuccessful PBS award process, the National Scheduling Chair may provide recommendations for methods to effectively complete the PBS award process. If the Company is unable to reach the National Scheduling Chair, the Company shall contact the APFA National President.
d. Other than specified in this Paragraph, the Company may not discontinue a PBS run intended for publication or rerun a PBS award that has been run and awarded in compliance with this Agreement. This provision is not meant to prohibit a PBS run not intended for publication such as a run to test the parameters of the system.