Meaning of Force Majeure. In this Agreement, "
Meaning of Force Majeure. As used herein, the term “Force Majeure” shall mean acts of God; strikes, lockouts or other industrial disturbances; acts of a public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, crevasses, subsidences, floods, washouts; arrests and restraints of the government, necessity for compliance with any court order, Law promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; shutdowns for purposes of necessary repairs; relocation or construction of facilities; breakage or accident to machinery or lines of pipe; the necessity for testing (as required by governmental authority or as deemed necessary by the testing Party for the safe operation thereof), the necessity of making repairs or alterations to machinery or lines of pipe; failure of surface equipment or pipelines; accidents, breakdowns, inability of either Party to obtain necessary material, supplies, permits or labor to perform or comply with any obligation or condition under this Agreement, or rights of way; and any other causes, whether of the kind herein enumerated or otherwise, which are not reasonably in the control of the Party claiming suspension.
Meaning of Force Majeure. The term “
Meaning of Force Majeure. In this Agreement, "Force Majeure" means any event, circumstances, or combination of events or circumstances beyond the reasonable control of a Party that materially and adversely affects the performance by that Party of its obligations or the enjoyment by that Party of its rights under or pursuant to this Agreement, provided that such material and adverse effect has not occurred due to the failure of Developer or Utility to design, finance, construct, own, operate or maintain the Project, Interconnection Facilities or the Utility’s Grid as required by this Agreement and in accordance with Good Utility Practice. Without limiting the generality of the foregoing, and conditioned on performance of the requirements of Paragraph 11.1.3, "Force Majeure" shall expressly include the following categories of events and circumstances, to the extent that the events or circumstances satisfy the definitional requirements.
Meaning of Force Majeure. In this clause 17 “
Meaning of Force Majeure. (a) In this agreement, Force Majeure means any event not within the control of the Affected Party and which by the exercise of due diligence, the Affected Party is not reasonably able to prevent or overcome, and which prevents the Affected Party from complying with its obligations under this agreement, or which prohibits or materially inhibits the Company conducting its usual mining or milling operations.
Meaning of Force Majeure. As used herein, the term “Force Majeure” shall mean (i) acts of God, fires, floods or storms; (ii) compliance with orders of courts or Governmental Authorities; (iii) explosions, wars, terrorist acts or riots; (iv) inability to obtain or unavoidable delays in obtaining material or equipment; (v) accidental disruption of service; (vi) events or circumstances similar to the foregoing (including inability to obtain or unavoidable delays in obtaining material or equipment and disruption of service provided by third parties); (vii) strikes, lockouts or other industrial disturbances; and (viii) breakdown of refinery facilities, machinery, storage tanks or pipelines, however in all such cases, in order to qualify as Force Majeure the event must meet all of the following criteria: (a) prevent the claiming Party from performing its obligations under this Agreement, (b) be beyond the claiming Party’s reasonable control, (c) does not result from the negligence or willful misconduct of the claiming Party or any of its Affiliates, and (d) was not preventable by the claiming Party’s reasonable diligence.
Meaning of Force Majeure. 6.1.1 In this Agreement, "
Meaning of Force Majeure. For purposes of this Article 16, force majeure shall include any act or event that prevents or delays the performance by either party of its obligations under Part III and Part V if and to the extent such act or event is beyond such party's reasonable control, not the result of such party's fault or negligence, and such party has been unable to overcome the consequences of such act or event by the exercise of commercially reasonable efforts, which may include the expenditure of funds. Subject to the satisfaction of the conditions established in the previous sentence, force majeure shall include, but not be limited to, the following acts or events, or any similar and equally serious acts or events, which prevent or delay the performance by a party of its obligations under Part III and Part V: acts of God or of the public enemy; floods or fire; hostilities or war (whether declared or undeclared); blockade; strikes or other labor disturbances that are not the result of breach of a labor contract by the affected party; riots, insurrections or civil commotion; quarantine restrictions or epidemics; electrical shortages or blackouts; earthquakes; tides, storms or bad weather at the Loading Port; accidents; breakdown or injury to producing or delivering facilities in Mexico or to receiving or processing facilities at the Refinery; interruption, decline or shortage of Seller's supply of Maya available for export from Mexico (including, without limitation, shortage due to increased domestic demand); or laws, change in laws, decrees, regulations, orders or other directives or actions of either general or particular application (other than as may be directed to aspects of the Agreement not common to long-term crude oil supply agreements generally) of the government of Mexico (including, without limitation, Governmental Force Majeure) or the government of the United States of America or any agency thereof (which shall not include Seller, Pemex Exploracion y Produccion, or any of Seller's other Affiliates) or of a Person or authority purporting to act therefor.
Meaning of Force Majeure. The expression Force Majeure means any event or circumstance which is beyond the control of the party that is claiming relief in relation to it (acting and having acted as a Reasonable and Prudent Operator) resulting in or causing the failure of that party to perform any obligation under this Agreement, which failure could not have been prevented or overcome by the exercise by that party of the standard of a Reasonable and Prudent Operator, provided that lack of funds shall not be interpreted to be an event or circumstance which is beyond the control of such party.
