MAJEURE Sample Clauses

MAJEURE. 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event. 24.2 On the occurrence of a Force Majeure Event, the Affected Partner shall notify the other Partner as soon as practicable. Such notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Partner and any action proposed to mitigate its effect. 24.3 As soon as practicable, following notification as detailed in Clause 24.2, the Partners shall consult with each other in good faith and use all best endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and, subject to Clause 24.4, facilitate the continued performance of the Agreement. 24.4 If the Force Majeure Event continues for a period of more than sixty (60) days, either Partner shall have the right to terminate the Agreement by giving fourteen (14) days written notice of termination to the other Partner. For the avoidance of doubt, no compensation shall be payable by either Partner as a direct consequence of this Agreement being terminated in accordance with this Clause.

MAJEURE. 14.1 Neither party shall be liable to the other for any delay or non-performance of its obligations under this Agreement (except for its obligation to make payment) arising from any Event of Force Majeure. 14.2 The party affected by the Event of Force Majeure shall use reasonable endeavours to mitigate the impact of such Event of Force Majeure and to recommence performance of its obligations under this Agreement as soon as is reasonably practicable. 14.3 If the affected party is unable to perform its obligations under this Agreement by reason of the Event of Force Majeure for more than four weeks, the non-affected party may terminate this Agreement immediately by serving notice on the other and neither party shall be liable to the other by reason of such termination.

MAJEURE. Tug Interests shall not be responsible or liable for any expense, loss, damage or claim whatsoever caused by or resulting from delays, failures or omission hereunder in the performance of services due to strikes, lockouts, labor disturbances, riots, fire, earthquakes, storms, lightning, pandemics, epidemics, war, disorders, acts of God, acts of the public enemy, port congestion, mechanical breakdowns, shortage of Tugs, priorities in service, pilot requests, unusual tidal conditions or any other cause whatever beyond their control.

MAJEURE. A party is not liable for failure to perform the party’s obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, decrees of a court, tribunal or governmental authority, government sanction, blockage, embargo, labor dispute, strike, or lockout. If a party asserts any force majeure as an excuse for failure to perform, such non-performing party must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events and that the other Party was timely notified of the likelihood or actual occurrence of a force majeure event. In the event of non-performance and/or termination pursuant to this Section 8.16, notwithstanding any other provision of this Agreement, the ▇▇▇▇▇▇▇ Money shall be returned to the Operating Partnership in full.

MAJEURE. A party shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control. Means any ○ fire, flood, earthquake or natural phenomena, ○ war, embargo, riot, civil disorder, rebellion, revolution which is beyond the Provider's control, or any other causes beyond the Provider's control

MAJEURE. 26.1 Subject to Clause 26.2, neither party shall be liable to the other for any Losses of any kind whatsoever, including but not limited to any damages, whether directly or indirectly caused to or incurred by the other party to the extent such Losses arise by reason of any failure or delay in the performance of its obligations hereunder which is due to Force Majeure. 26.2 The party claiming to be prevented or delayed in the performance of any of its obligations under this Agreement by reason of Force Majeure shall use reasonable endeavours to continue to perform its obligations under this Agreement without being obliged to incur any significant additional cost to bring the Force Majeure to a close or to find a solution by which the Agreement may be performed despite the continuance of the Force Majeure event. 26.3 If either party shall become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part, it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is estimated that such failure or delay may continue. If Force Majeure continues for seven days or longer the Global Governance Panel shall be notified by the party affected by such Force Majeure and requested to decide upon a course of action. 26.4 It is agreed that any failure by a party to perform or any delay by a party in performing its obligations under this Agreement which results from any failure or delay in the performance of its obligations by any person, firm or company with which such party shall have entered into any contract, supply arrangement or sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure only in the event that such person, firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement or sub-contract or otherwise as a result of circumstances which would be Force Majeure for the purposes of this Agreement. 26.5 If an event of Force Majeure arises and continues for a period of 6 months which materially prevents or hinders Exult or its Affiliates from undertaking or completing the Due Diligence Exercise, and Exult, BPA and their respective Affiliates from entering into Country Agreements, in one or more Countries (the "Affected Countries"), then either party may at any time by notice terminate the parties' obligations in relation to ...

MAJEURE. An event of force majeure (“

MAJEURE. Tug Interests shall not be responsible or liable for any expense, loss, damage or claim whatsoever caused by or resulting from delays, failures or omission hereunder in the performance of services due to strikes, lockouts, labor disturbances, riots, fire, earthquakes, storms, lightning, pandemics, epidemics, war, disorders, acts of God, acts of the public enemy, port congestion, mechanical breakdowns, shortage of Tugs, priorities in service, pilot requests, unusual tidal conditions or any other cause whatever beyond their control. 5 DAMAGE CLAIM TIME LIMITS AND FORUM a) OWNERS shall notify ▇▇▇▇▇ of any damage to the Vessel allegedly attributable to Tug Interests. Such notice shall be in writing and shall be delivered as soon as practicable, but not later than forty-eight (48) hours following occurrence. ▇▇▇▇▇ shall be afforded an opportunity to inspect or survey such damage before the Vessel leaves port.. Any action in any forum to recover damages from Tug Interests, or any of them, shall be commenced within one year after the occurrence giving rise to the claim, failing which said claim shall be deemed waived. b) This Schedule shall be governed by and construed in accordance with the Maritime Law of the United States and, to the extent not in conflict therewith, by the laws of the state of New York, excluding its conflict of laws rules. The parties agree that any proceeding involving this Schedule or the Services performed hereunder shall be brought in the United States District Court for the Southern District of New York or, if said court shall not have jurisdiction thereof, then in a state court of competent jurisdiction sitting in New York County, New York. TUG INTERESTS AND OWNERS IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING IN WHOLE OR IN PART OUT OF THE TERMS AND CONDITIONS OF THIS CONTRACT OR THE PROVISION OF SERVICES HEREUNDER. 6 LIMITATION OF LIABILITY a) The furnishing of any service or anything done by ▇▇▇▇▇ in connection therewith shall not be construed to be or to give rise to a personal contract, and it is understood that Tug Interests, shall have the benefit of all exemptions from, and limitations of, liability to which an owner of a vessel is entitled under the Limitation of Liability Statutes of the United States. ▇▇▇▇▇ WARRANTS THE EXERCISE OF REASONABLE CARE IN THE PERFORMANCE OF SERVICES BUT DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF WORKMANLIKE SERVICE....

MAJEURE. 31.1 For the purposes of this Agreement, Force Majeure means any of the following events or circumstances: 31.1.1 war, civil war, armed conflict or terrorism; or 31.1.2 nuclear contamination unless in any case Sub-hubco and/or any Sub-hubco Party is the source or the cause of the contamination; or 31.1.3 chemical or biological contamination of the Works and/or the Facilities and/or the Site from any of the events referred to in Clause 31.1.1 above; or 31.1.4 pressure waves caused by devices travelling at supersonic speeds, which directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement. 31.2 Subject to Clauses 31.3 and 31.4 the party claiming relief shall be relieved from liability under this Agreement to the extent that by reason of the Force Majeure it is not able to perform its obligations under this Agreement. For the avoidance of doubt (but without prejudice to Clause 41 (Termination Resulting from Force Majeure)) the Authority shall not be entitled to terminate this Agreement for a Sub-hubco Event of Default if such Sub-hubco Event of Default arises from a Force Majeure Event. 31.3 Where a party is (or claims to be) affected by an event of Force Majeure: 31.3.1 it shall take all reasonable steps to mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the event of Force Majeure as soon as practicable and use all reasonable endeavours to remedy its failure to perform; and 31.3.2 it shall not be relieved from liability under this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to its failure (if any) to comply with its obligations under Clause 31.3.1. 31.4 Without prejudice to Sub-hubco's rights under Clause 29 (Delay Events), Sub-hubco shall only be relieved from its obligations under Clauses 12 (The Design, Construction and Commissioning Process), 13 (Right of Access of Authority's Representative), 14 (Programme and Dates for Completion) and 29 (Delay Events) by Delay Events in accordance with Clause 29 (Delay Events). 31.5 The party claiming relief shall serve written notice on the other party within five (5) Business Days of it becoming aware of the relevant event of Force Majeure. Such initial notice shall give sufficient details to identify the particular event claimed to be an event of Force Majeure. 31.6 A ...