Common use of Time Limits Strictly Construed Clause in Contracts

Time Limits Strictly Construed. Whenever this Agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement and sufficient grounds for Grantor to invoke any relevant provision of this Agreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond the reasonable control of Grantee, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Xxxxxxx's performance shall be excused during the force majeure occurrence and Grantee thereafter shall, under the circumstances, promptly perform the affected obligations under this Agreement or procure a substitute for such obligation which is satisfactory to Grantor. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.

Appears in 3 contracts

Samples: Cable Television System Franchise Agreement, Cable Television System Franchise Agreement, Cable Television System Franchise Agreement

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Time Limits Strictly Construed. Whenever this Agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement and sufficient grounds for Grantor to invoke any relevant provision of this Agreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond the reasonable control of Grantee, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), XxxxxxxGrantee's performance shall be excused during the force majeure occurrence and Grantee thereafter shall, under the circumstances, promptly perform the affected obligations under this Agreement or procure a substitute for such obligation which is satisfactory to Grantor. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.

Appears in 2 contracts

Samples: Cable Television System Franchise Agreement, Cable Television System Franchise Agreement

Time Limits Strictly Construed. Whenever this Agreement agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement agreement and sufficient grounds for Grantor City to invoke any relevant provision of this Agreementagreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement agreement by reason beyond the reasonable control of Granteea force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Xxxxxxx's ’s performance shall be excused during the force majeure occurrence. After such occurrence and Grantee thereafter shall, under the circumstances, shall promptly perform the affected obligations under this Agreement agreement or procure a substitute for such obligation performance which is satisfactory to GrantorCity. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers officers, employees, or employeesduly authorized agents. Notwithstanding the foregoing, City shall utilize the procedure in section 13 to resolve any material breach committed by Xxxxxxx.

Appears in 1 contract

Samples: Cable Television System Franchise Agreement

Time Limits Strictly Construed. Whenever this Agreement agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement agreement and sufficient grounds for Grantor City to invoke any relevant provision of this Agreementagreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement agreement by reason beyond the reasonable control of Granteea force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Xxxxxxx's Grantee’s performance shall be excused during the force majeure occurrence. After such occurrence and Grantee thereafter shall, under the circumstances, shall promptly perform the affected obligations under this Agreement agreement or procure a substitute for such obligation performance which is satisfactory to GrantorCity. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers officers, employees, or employeesduly authorized agents. Notwithstanding the foregoing, City shall utilize the procedure in section 13 to resolve any material breach committed by Grantee.

Appears in 1 contract

Samples: Cable Television System Franchise Agreement

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Time Limits Strictly Construed. Whenever this Agreement agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement agreement and sufficient grounds for Grantor City to invoke any relevant provision of this Agreementagreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement agreement by reason beyond the reasonable control of Granteea force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), XxxxxxxGrantee's performance shall be excused during the force majeure occurrence. After such occurrence and Grantee thereafter shall, under the circumstances, shall promptly perform the affected obligations under this Agreement agreement or procure a substitute for such obligation performance which is satisfactory to GrantorCity. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers officers, employees, or employees.duly authorized agents.////

Appears in 1 contract

Samples: Television System Franchise Agreement

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