Seller Force Majeure Sample Clauses

Seller Force Majeure. Seller shall not be liable for any failure to perform or delay in the performance of its obligations under a Confirmation Notice (including in relation to demurrage), other than the payment of money when due, if and to the extent that its performance is prevented, impeded or delayed by an act, event or circumstance or combination of acts, events or circumstances which are beyond the reasonable control of Seller, and the effects of which cannot be prevented or mitigated by the exercise of reasonable steps by Seller acting as a Reasonable and Prudent Operator (“Seller Force Majeure”). Provided that the foregoing requirements are satisfied, Seller Force Majeure shall include the following: fire, flood, atmospheric disturbance, lightning, storm, typhoon, hurricane, tornado, earthquake, landslide, soil erosion, subsidence, washout, epidemic or other natural disaster or act of God; war (whether declared or undeclared), riot, civil war, blockade, insurrection, acts of public enemies, acts of terrorism or threat thereof, piracy or civil disturbances; in the case of a DAP delivery, with respect to the Discharge Port, (i) strike, lockout or other industrial disturbance, (ii) breakdown or unavailability of port facilities (including but not limited to channel, tugs or pilots), or (iii) acts of or unavailability of government or port authorities, or compliance with such acts or unavailability, that directly affect the ability of Seller (whether directly or through the Seller’s Transporter) to perform its obligations hereunder; loss or inoperability of or damage to Seller’s Facilities; in the case of a DAP delivery, with respect to the relevant LNG Ship, (i) strike, lockout or other industrial disturbance occurring aboard such LNG Ship or at a port or other facility at which such LNG Ship calls while in passage en route from Seller’s Facilities (ii) loss of such LNG Ship, (iii) serious accidental damage thereto requiring removal of the LNG Ship from service, or (iv) mechanical breakdown or inoperability of such LNG Ship; or acts of governments, or compliance with such acts that directly affect the ability of (i) in the case of a DAP delivery, Seller, Seller’s supplier, Transporter or the operator of Seller’s Facilities or (ii) in the case of an FOB delivery, Seller or Seller’s supplier or the operator of Seller’s Facilities, to perform such that Seller cannot fulfil its obligations under a Confirmation Notice, except to the extent that they constitute remedies or sanct...
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Seller Force Majeure. Seller shall not be liable for any failure to perform, or delay in the performance of, its obligations under the relevant Transaction other than the payment of money when due, if and to the extent that its performance is prevented, impeded or delayed by an act, event or circumstance or combination of acts, events or circumstances which are beyond the reasonable control of Seller acting as a Reasonable and Prudent Operator ("Seller Force Majeure"). Provided that they are within the foregoing principles, acts, events or circumstances constituting Seller Force Majeure shall include the following:
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Seller Force Majeure. 12.1.1 Seller shall not be liable for any failure to perform or delay in the performance of its obligations under a Confirmation Notice (including in relation to demurrage), other than the payment of money when due, if and to the extent that its performance is prevented, impeded or delayed by an act, event or circumstance or combination of acts, events or circumstances which are beyond the reasonable control of Seller, and the effects of which cannot be prevented or mitigated by the exercise of reasonable steps by Seller acting as a Reasonable and Prudent Operator (“Seller Force Majeure”). Provided that the foregoing requirements are satisfied, Seller Force Majeure shall include the following:
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Seller Force Majeure 
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Related to Seller Force Majeure

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence:

  • Termination for Force Majeure In the event of a force majeure that lasts longer than thirty (30) days from the date that a Party claiming relief due to the force majeure event gives notice to the other Party, the Party not claiming relief under the force majeure event may terminate this Agreement upon written notice to the other Party. For the avoidance of doubt, the COVID-19 pandemic does not constitute a force majeure event.

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:

  • Force Majeure Notice In relation to any Relevant Force Majeure Event:

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • 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.

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