Release from Performance Clause Samples

Release from Performance. 62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor the Engineer shall certify that the Contract

Release from Performance in the event the Affected Party have used all reasonable efforts to mitigate the effects of events of Force Majeure and minimise any delay in the performing of the contract as result of Force Majeure, but the effect of the Force Majeure still subsist, the Project Manager shall certify that the Contract has been frustrated.

Release from Performance. Notwithstanding any other provision of this Clause, if any event or circumstance outside the control of the parties (including, but not limited to, Force Majeure) arises which makes it impossible or unlawful for either or both Parties to fulfil its or their contractual obligations or which, under the law governing the Contract, entitles the Parties to be released from further performance of the Contract, then upon notice by either Party to the other party of such event or circumstance:

Release from Performance. For purposed of this Contract the terms “force majeure” and “fortuitous event” may be used interchangeably. In this regard, a fortuitous event of force majeure shall be interpreted to mean an event which the contractor could not have foreseen, or which though foreseen, was inevitable. It shall not include ordinary unfavorable weather conditions; and any other cause the effects of which could have been avoided with the exercise of reasonable diligence by the contractor. If this contract is discontinued by an outbreak of war or by any other event entirely outside the control of either DENR-NCR or the contractor, DENR-NCR’s representative shall certify that is contract has been discontinued. The contractor shall make the site safe and stop work as quickly as possible after receiving the certificate and shall be paid for all works carried out before receiving it and for any work carried out afterwards to which a commitment was made.

Release from Performance. If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the site safe and stop work as quickly as possible after receiving tits certificate and shall be paid for all work carried out before receiving it.

Release from Performance. Notwithstanding any other provision of this Clause, if any event or circumstance outside the control of the Parties (including, but not limited to, Force Majeure) arises which makes it impossible or unlawful for either or both Parties to fulfil its or their contractual obligations or which, under the law governing the Contract, entitles the Parties to be released from further performance of the Contract, then upon notice by either Party to the other Party of such event or circumstance: (a) the Parties shall be discharged from further performance, without prejudice to the rights of either Party in respect of any previous breach of the Contract, and (b) the sum payable by the Employer to the Contractor shall be the same as would have been payable under Sub-Clause 19.6 [Optional Termination, Payment and Release] if the Contract had been terminated under Sub-Clause 19.6.