Uncontrollable Circumstance. A Party shall not be considered to be in Default in the performance of any of the obligations under this Agreement (other than obligations of a Party to pay costs and expenses) if failure of performance is due to an Uncontrollable Circumstance. The term “Uncontrollable Circumstance” means any act, event, or condition that is caused by or due to circumstances beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement and that materially interferes with such Party’s obligations under this Agreement (other than payment obligations) to the extent that such act, event, or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement on the part of such Party. By way of example, but not limitation, each of the following shall constitute an Uncontrollable Circumstance: failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, restraint by court order, law, regulation, or public authority, and the forced shutdown of PVNGS or the 91st Avenue WWTP by a governmental body, which by exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which, by exercise of due diligence it is unable to overcome. Nothing contained in this Section 28.2 shall be construed so as to require a Party to settle any strike or labor dispute in which it may be involved. A Party rendered unable to fulfill any obligation by reason of an Uncontrollable Circumstance shall, as soon as reasonably practicable, notify the others of the event giving rise to such Uncontrollable Circumstance, and exercise due diligence to remove such inability with all reasonable dispatch.
Uncontrollable Circumstance. 1. An Uncontrollable Circumstance (as defined) means any event or condition causing interruption of service or reduction in capacity of the Joint Water System which is beyond the reasonable control of or could not reasonably be anticipated by The City or The Nation, and is being relied upon as justification for a delay in or non-performance of any obligation of The City or The Nation pursuant to this Agreement and shall include but not be limited to the events described in paragraph 12.2;
Uncontrollable Circumstance. We reserve the right to renegotiate or terminate this Agreement upon 60 days advance written notice if circumstances other than those under our control related to the Facilities (including, without limitation, changes in rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes in jail policy or economic conditions; acts of God; actions you take for security reasons (such as lock- downs)) negatively impact our business; however, we shall not unreasonably exercise such right. Further, Customer acknowledges that Provider’s provision of the services is subject to certain federal, state or local regulatory requirements and restrictions which are subject to change from time-to-time and nothing contained herein to the contrary shall restrict Provider from taking any steps necessary to perform in compliance therewith.
Uncontrollable Circumstance. An event of Uncontrollable Circumstance, 981 as defined herein.
Uncontrollable Circumstance. If the Contractor is not providing services because of uncontrollable circumstances, then County will reimburse Contractor for the following costs that Contractor is not otherwise then being compensated, including through insurance proceeds or service fees:
Uncontrollable Circumstance. The performance of each party's respective obligations under this Agreement, other than failure or delay in payment of money hereunder, shall be excused during such times and to the extent such performance is prevented by reason of any Uncontrollable Circumstance.
Uncontrollable Circumstance. Performance by either party hereunder shall not be deemed to be in default where delays or failure to perform are the result of a Tolling Event or Uncontrollable Circumstance that has had or may be reasonably expected to have a direct, material, adverse effect on the rights or obligations of the parties to this Redevelopment Agreement, provided however, that such act, event or condition shall be beyond the reasonable control of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the terms of this Redevelopment Agreement. It is agreed that the terms, obligations and responsibilities set forth in this Agreement and the schedules and deadlines set forth throughout this Agreement shall be suspended or modified for the period of time that the Uncontrollable Circumstance or Tolling Event remains in effect, and the relevant terms of this Agreement and any schedules and deadlines shall be modified/extended for the period of delay caused thereby. The Party who seeks the benefit of the above described modification/extension shall, within Thirty (30) Days after that Party’s actual discovery of any such Uncontrollable Circumstance or Tolling Event, notify the other Party in writing of the Uncontrollable Circumstance or the Tolling Event, and of the cause(s) thereof, and the need for a modification/extension of the term and an extension for the period of the enforced delay.
Uncontrollable Circumstance. If either party is rendered unable, wholly or in part, to carry out any material obligation of this Agreement by an Uncontrollable Circumstance, the affected obligation of such party may be suspended during the continuation of the Uncontrollable Circumstance, provided that such party will use all reasonable efforts to perform its obligations notwithstanding the occurrence of such event. Such excuse of performance may occur only to the extent that the Uncontrollable Circumstance prevents such party from performing and such party must continue to perform all other responsibilities in this Agreement. The party claiming inability to perform shall use all reasonable efforts to overcome or remove the Uncontrollable Circumstance.
Uncontrollable Circumstance. Provider and County reserve the right to renegotiate or terminate this Agreement upon sixty (60) days advance written notice if circumstances outside Provider’s or County’s control related to the Facilities (including, without limitation, changes in rates, regulations, or operations mandated by law; material reduction in inmate population or capacity; material changes in jail policy or economic conditions; acts of God; actions that County takes for security reasons (such as lock-downs)) negatively impact Provider’s business; however, neither Provider or County shall unreasonably exercise such right. Further, County and Provider acknowledge that Provider’s provision of the services and County’s receipt of the services are subject to certain federal, state or local regulatory requirements and restrictions which are subject to change from time-to-time and nothing contained herein to the contrary shall restrict Provider or County from taking any steps necessary to perform in compliance therewith.
Uncontrollable Circumstance. Each Party shall be excused from the performance of its applicable obligations under this Agreement to the extent such Party is prevented or, individually or in the aggregate, materially delayed from performing such obligations due to an Uncontrollable Circumstance. If either Party claims an Uncontrollable Circumstance as a basis for not performing its obligations under this Agreement, then the Party making such claim shall (a) promptly upon discovery thereof provide telephone or oral, or both, notice thereof, including Notice, to the other Party of the Uncontrollable Circumstance; (b) provide an estimate of its expected duration; (c) describe in reasonable detail its probable effect on the performance of its obligations hereunder; (d) exercise all reasonable efforts to continue to perform its obligations hereunder to the extent not prevented or delayed by the Uncontrollable Circumstance; (e) expeditiously take action to cure the Uncontrollable Circumstance; (f) exercise all reasonable efforts to mitigate or limit damages or other adverse effects to the other Party; and
