SUPERIOR FORCE Clause Samples

The Superior Force clause, often referred to as a force majeure clause, defines circumstances under which a party is excused from fulfilling contractual obligations due to events beyond their reasonable control. Typically, this clause applies to situations such as natural disasters, war, or government actions that make performance impossible or impracticable. Its core function is to allocate risk by protecting parties from liability when unforeseen, extraordinary events prevent them from meeting their contractual commitments.
POPULAR SAMPLE Copied 4 times
SUPERIOR FORCE. 9.1 In the event the Applicant cannot, before the end of the Agreement comply with the obligation set out in this Agreement due to superior force, the Applicant should advise the Society in writing within 10 business days of the date the Applicant is aware of the circumstances directly related to the superior force ("Notice of superior force"). The Society shall inform the Applicant of its agreement or non-agreement in writing within 30 business days of receipt of the written Notice of superior force. If the Society does not respond in writing back to the Applicant within 60 business days, then the Notice of superior force is agreed by the Society. 9.2 The Applicant will, in the Notice of superior force, advise the Society of the nature of the circumstances, its presumed duration and the measures that it intends to take in order to minimise the consequences of the circumstances outside one's control over its obligation with regard to the Society pursuant to this Agreement. 9.3 The Applicant will, from the receipt of the notice of acceptance or from the expiry of the 60-day period set out in the previous section, be free of its obligations to the Society for the period during which the Applicant is unable to meet its obligations. 9.4 If the Society advises the Applicant that it does not agree with the Notice of superior force, the parties will meet within 10 business days to negotiate in good faith in order to conclude a reasonable agreement concerning the Applicant's obligations to the Society pursuant to this Agreement.
View SourceView Similar (2)
SUPERIOR FORCE. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, interruption in service, acts of military authorities, riots, acts of
View Source
SUPERIOR FORCE. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by a “Superior Force”, defined as an unforeseeable and irresistible event, including external causes with the same characteristics.
View Source
SUPERIOR FORCE. The obligations of MSV under any of the Transaction Documents will not be reduced, limited or cancelled by reason of the occurrence of an event of force majeure, MSV expressly assuming the risk of superior force. For the purposes of this clause 15.11, force majeure means an unforeseeable and irresistible event including external causes with the same characteristics.
View Source
SUPERIOR FORCE. In the event of superior force or for any situation beyond its control, the Caisse shall not be required to deliver any of the Products contemplated herein or may interrupt or restrict access to them for an indefinite period of time without prior notice or any further formality, without liability and shall not, in such circumstances, be liable for delays, damages, penalties, costs, expenses and other inconveniences the Business Firm may suffer.
View Source
SUPERIOR FORCE. Neither you or we will be liable to the other as a result of any delay or failure to perform its obligations under this Agreement resulting from a Superior force.
View Source
SUPERIOR FORCE. The obligations of the Borrower hereunder shall not be reduced, limited or cancelled pursuant to the occurrence of an event of force majeure, the Borrower expressly assuming the risk of superior force.
View Source
SUPERIOR FORCE. Neither party may be considered in default under the present contract if the performance of his obligations, in whole or in part, is delayed or prevented as a result of superior force. Superior force is an external, unforeseeable and irresistible event that renders the performance of an obligation absolutely impossible.
View Source

Related to SUPERIOR FORCE

  • RELATIONSHIP OF THE PARTIES/INDEPENDENT CONTRACTOR 31.1 Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of its employees assisting in the performance of such obligations. Each Party and each Party’s contractor(s) shall be solely responsible for all matters relating to payment of such employees, including the withholding or payment of all applicable federal, state and local income taxes, social security taxes and other payroll taxes with respect to its employees, as well as any taxes, contributions or other obligations imposed by applicable state unemployment or workers’ compensation acts and all other regulations governing such matters. Each Party has sole authority and responsibility to hire, fire and otherwise control its employees. 31.2 Nothing contained herein shall constitute the Parties as joint venturers, partners, employees or agents of one another, and neither Party shall have the right or power to bind or obligate the other. Nothing herein will be construed as making either Party responsible or liable for the obligations and undertakings of the other Party. Except for provisions herein expressly authorizing a Party to act for another, nothing in this Agreement shall constitute a Party as a legal representative or agent of the other Party, nor shall a Party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name or on behalf of the other Party unless otherwise expressly permitted by such other Party. Except as otherwise expressly provided in this Agreement, no Party undertakes to perform any obligation of the other Party, whether regulatory or contractual, or to assume any responsibility for the management of the other Party’s business.

  • Independent Contractor Relationship Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever.

  • Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement.

  • INDEPENDENT CONTRACTOR; NO AGENCY Nothing in this Agreement will in any way be construed to render Influencer to be or to be construed as an agent, employee or representative of Brand. Influencer is and will perform the Services hereunder as an independent contractor. Influencer acknowledges and agrees that Influencer will not be eligible for any employee benefits (nor do they desire any of them) and expressly waives any entitlement to such benefits. Influencer further agrees to indemnify Brand and hold it harmless to the extent of any obligation imposed on Brand resulting from Influencer’s being determined not to be an independent contractor.

  • Project Employment A. Permanent project employees have layoff rights. Options will be determined using the procedure outlined in Sections 35.9 and 35.10, above. B. Permanent status employees who left regular classified positions to accept project employment without a break in service have layoff rights within the Employer in which they held permanent status to the job classification they held immediately prior to accepting project employment.