Delays If no event of Force Majeure shall have occurred and be continuing and in the event that a delay shall have been caused by the negligence or willful misconduct of the Custodian in carrying out an Instruction to credit or transfer cash, the Custodian shall be liable to the Fund: (a) with respect to Principal Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Custodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected; and, (b) with respect to Agency Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Subcustodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected. The Custodian shall not be liable for delays in carrying out Instructions to transfer cash which are not due to the Custodian's own negligence or willful misconduct.
FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
Work on Scheduled RDOs Circumstances (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular Project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a Project. For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of Inclement Weather, matters not necessarily the fault of the Employer which has led to the Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) consult with the affected Employees and the Union within a reasonable timeframe; (ii) determine that affected Employees agree to work on the Scheduled RDO; and (iii) the Employer will notify and agree with the Employees and their Union representative in writing (via email prior to the RDO when work needs to be performed. The attached notification form (Appendix I) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least nine (9) calendar days prior to the RDO in question. An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (e) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (f) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 39.9 of this Agreement. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause
Milestone Schedule Please state the status and progress of each Milestone and identify any completed Milestone(s) for the previous calendar quarter.
