Occurrence of Force Majeure Sample Clauses
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Occurrence of Force Majeure. Upon the occurrence of a Force Majeure Event, as described in Section 16.6, at the Contractor’s NPAC/SMS Production Computer System site or the NPAC/SMS Disaster Recovery Computer System site, Contractor shall immediately invoke the disaster recovery procedures as set forth in this Article 12. If any Force Majeure Event results in a failure to deliver the NPAC/SMS from both the NPAC/SMS Production Computer System site and the NPAC/SMS Disaster Recovery Computer System site, Users may, upon written notice to Contractor, cease payment of the charges payable under this Agreement, except for services already rendered, until the recovery from such Force Majeure Event has been completed at either of such NPAC/SMS Data Centers or an alternate location provided by Contractor. If a Force Majeure Event, as defined in Section 16.6, at both the NPAC/SMS Production Computer System site and the NPAC/SMS Disaster Recovery Computer System site prevents Contractor from reinstating the NPAC/SMS within thirty (30) days of such Force Majeure Event, Customer may terminate this Agreement as of a date specified by Customer (such termination shall not be deemed a termination for cause under Article 23 - Termination). Contractor shall notify Customer within five (5) Business Days after such Force Majeure Event whether it expects to reinstate the NPAC/SMS within thirty (30) days. If Contractor will not reinstate within such period, Customer must notify Contractor within five (5) Business Days following its receipt of Contractor’s notice if Customer intends to terminate this Agreement. If Customer elects not to terminate based on Contractor’s representation that it will reinstate the NPAC/SMS by a certain date, Contractor shall keep Customer informed of its progress toward such reinstatement. If Contractor informs Customer that Contractor is not able to meet its projected completion date for reinstatement, Customer shall again have the right to terminate this Agreement, within five (5) Business Days following its receipt of such notice from Contractor. Failure by Contractor to notify Customer that Contractor will not meet the projected completion date does not waive Customer’s right to terminate this Agreement.
Occurrence of Force Majeure. The Lessee shall give the Lessor written notice of any damage caused to the Leased Premises by reason of any event or circumstance (whether arising from natural causes, human agency or otherwise) beyond the control of the Lessee, including (but without prejudice to the generality of the foregoing) acts of God, strikes, riot, civil commotion, acts of terrorism, fire, flood, drought, or war, or any unforeseen cause or event (“Force Majeure”), within five (5) Business Days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, without any fault or omission of the Lessee, its employees, guests, customers or clients, the damage shall be repaired at the expense of the Lessor.
Occurrence of Force Majeure. A party is not liable for any delay or failure (whether total or partial) in the performance of its obligations under this Agreement if the delay or failure is caused by any event of Force Majeure.
Occurrence of Force Majeure. If either party to this Agreement shall be prevented, hindered, or delayed in the performance or observance of any of its obligations hereunder by reason of any circumstance defined in this Section 10.A., and such delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the party through the use of alternate sources, work-around plans, or other means, then such party shall be excused from any further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance whenever and to whatever extent possible without delay. APAC as the affected party shall not have the right to any additional payments from UPS as a result of any Force Majeure occurrence, nor shall UPS as the affected party have the right to any additional material Services from APAC not encompassed by this Agreement. Neither Party shall be liable to the other for failure or delay in rendering performance arising out of the following causes: Acts of God or the public enemy, terrorism, strikes, wars, fires, floods epidemics, quarantine, restrictions, or unusually severe weather and similar events beyond the control of such party (an occurrence of a “Force Majeure”).
Occurrence of Force Majeure. LESSEE shall give LESSOR written notice of any damage caused to the Leased Premises by reason of Force Majeure, within five (5) working days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, the damage shall be repaired at the expense of LESSOR, and the disturbance or discontinuance in the possession of the Leased Premises by reason of or occasioned during such repair shall confer no right of any kind to LESSEE against LESSOR, except to the extent recognized under Article 10.2.
Occurrence of Force Majeure. Seller shall not be liable to Buyers for any interruption of service, delay or failure to perform under this Agreement when such interruption, delay or failure results from causes beyond Seller’s reasonable control as the result of: (a) acts of terrorism, war or other hostilities; or (b) fire, flood, earthquake, tornado, hurricane or other natural disasters. In such event, the obligations hereunder of Seller shall be postponed for such time as its performance is suspended or delayed on account thereof. Upon learning of the occurrence of an event of force majeure, Seller shall promptly notify Buyers in writing. Following a force majeure event, Seller shall use reasonable best efforts to resume its performance with the least possible delay.
Occurrence of Force Majeure. LESSEE shall give LESSOR written notice of any damage caused to the Leased Premises by reason of Force Majeure, within five (5) working days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, the damage shall be repaired at the expense of LESSOR, and the disturbance or discontinuance in the possession of the Leased Premises by reason of or occasioned during such repair shall confer no right of any kind to LESSEE against LESSOR, except to the extent recognized under Article 12,2. "Force Majeure" shall mean an act, event or cause, which is unexpected or unforeseen, or if foreseen, must be impossible to avoid, or which is beyond the control of LESSOR or LESSEE. This term includes rebellion, insurrection, labor unrest, lockout, work stoppage, strikes on a citywide or nationwide scale, flood, typhoon, earthquake, robbery, theft, arson, terrorism, crime or similar incidents.
Occurrence of Force Majeure. Any Party who is rendered unable to perform its obligations or responsibilities under the Agreement due to an event of force majeure shall provide written notice to the other Party within thirty (30) days after the occurrence of the event and provide specific information and supporting documentation of the force majeure event, including documentary evidence issued by the government, judicial bodies or any other authorities, to explain the reasons for its failure to perform its obligations. The affected Party shall, where possible, take action to reduce the loss.
Occurrence of Force Majeure