Technical infeasibility Clause Samples
The "Technical infeasibility" clause defines circumstances under which a party is excused from performing certain obligations if it is not technically possible to do so. In practice, this clause applies when, despite reasonable efforts, a party cannot implement a required feature, process, or solution due to technological limitations or incompatibility. For example, a software provider may be unable to integrate a new security protocol because the existing system architecture does not support it. The core function of this clause is to allocate risk and provide a clear process for addressing situations where technical barriers prevent compliance, thereby protecting parties from liability for failures beyond their control.
Technical infeasibility. Where connection would require special pumps or other devices to effect service, Dekalb County may refuse service or require substantial cost sharing by the customer.
Technical infeasibility. Where a curb ramp would otherwise be required to be installed or modified by this Agreement, but existing physical or site constraints prohibit modification or addition of a curb ramp which is in full and strict compliance, then the City shall provide accessibility to the maximum extent feasible. Before reaching a conclusion about technical infeasibility, the City will consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs.
Technical infeasibility. The term “Technical Infeasibility” (or “Technically Infeasible”) means, with respect to an alteration of a building or a Facility, that the alteration has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that comply with new construction standards.
Technical infeasibility. If technical infeasibility can be demonstrated with regard to the provision of accessibility in the men's and women's toilet rooms, the provision of at least one fully accessible unisex toilet room is permitted. A sign indicating the location of the accessible toilet room is required at the inaccessible toilet rooms and a sign identifying the accessible toilet room is required as well. Standards §§ 4.1.6(3)(e)(i), 4.30.
Technical infeasibility. For the purposes of section 4.7(a)(3), DNB must not refuse an Access Request on the grounds of technical infeasibility unless DNB establishes that there are substantial technical or operational concerns preventing the fulfilment of the Access Request (and provided that the relevant cost implications of the Access Request are at all times borne by the Access Seeker). Each of the following matters shall be taken into account in determining whether access is technically feasible:
(a) economic, accounting, billing, space or site concerns shall be disregarded by DNB except that space or site concerns may be taken into account in circumstances where there is no possibility of expanding the space available on the relevant site;
(b) any requirement for DNB to modify its Facilities or Equipment in order to meet the Access Request will not, on its own, mean that the access is not technically feasible;
(c) if DNB asserts that meeting the Access Request would have an adverse impact on network reliability, DNB must provide evidence that provision of the requested Services would result in a specific and significant adverse impact on network reliability; and
(d) DNB must be able to demonstrate that it has considered and found not to be technically feasible (in accordance with this section) improvements that would allow DNB to meet the Access Request (in whole, or in part, and including for an interim period until any primary difficulties can be resolved).
Technical infeasibility. If Mersana reasonably believes that any task or activity in a Research Plan is technically infeasible to accomplish (including in the case that Mersana reasonably believes that it is not technically feasible to generate Licensed ADCs that satisfy the applicable ADC Criteria), Mersana may request a special meeting of the JRC to discuss Mersana’s concerns with respect to such task or activity. Mersana may also propose an amendment to the Research Plan to address such concerns in accordance with Section 2.2.5. The JRC will meet within [**] after such request to discuss Mersana’s concerns and, if applicable, to decide whether to approve Mersana’s proposed amendment to the Research Plan.