Uncontrollable Circumstances. The University shall not be in default of this Agreement if delays in or failure of performance shall be due to circumstances beyond the reasonable control of the University. Such circumstances shall include, but are not limited to, acts of government or similar authorities, public health emergency, fire, flood, terrorism, earthquakes, weather, riot, civil disturbance, police action or similar events beyond the University’s reasonable control. In the event of an uncontrollable circumstance, the University shall immediately notify the Student and shall resume performance of its obligations immediately upon cessation of the uncontrollable circumstance.
Uncontrollable Circumstances. Neither Renter nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable circumstances the effect of which by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “
Uncontrollable Circumstances. 20.1 Except as expressly provided for in this Agreement, no party shall be in default under this Agreement or liable to the other party for any loss, damage or delay to the extent it results from an uncontrollable circumstance if such circumstance is not caused by the default or act of commission or omission of such party or avoidable by the exercise of reasonable effort or foresight provided that nothing excuses a delay caused by lack of funds or other financial circumstances or excuses a party from payment of any amount payable hereunder when due.
Uncontrollable Circumstances. We will not be responsible or liable for failing to perform our obligations under the Agreement to the extent caused by circumstances beyond our reasonable control. In certain situations, we may use our reasonable judgment and apportion products then available for delivery fairly among our customers.
Uncontrollable Circumstances. Neither the County nor Contractor shall be considered to be in Default of this Contract if delays in or failure of performance shall be due to Uncontrollable Circumstances, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract.
Uncontrollable Circumstances. (a) Upon Contractor’s written request and submission of substantiating documentation of a delay resulting from an Uncontrollable Circumstance, the City Representative shall give Contractor a non-compensable extension of time. Contractor shall submit a written request within seven days of the commencement of the Uncontrolled Circumstance.
Uncontrollable Circumstances. Neither Firm nor University shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces (including without limitation adverse weather conditions) the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. In the event that new state or federal legislation is enacted during the term of this Agreement that could have a materially adverse effect upon this Agreement as a whole or upon any element of this Agreement, then the parties agree that this Agreement or any particular element of this Agreement may, at the option of and effective immediately upon written notice from either party, become null and void and of no effect. The parties agree to negotiate in good faith within a reasonable period of such event to agree upon new terms or a new agreement designed to address the problems presented by such legislation.
Uncontrollable Circumstances. Neither Renter nor the SOD shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable circumstances the effect of which by the exercise of reasonable diligence, the nonperforming party could not avoid. The term “
Uncontrollable Circumstances. Except for the obligation to make payments, nonperformance of either Party shall be excused to the extent that such performance is rendered impossible or made impracticable due to causes beyond either Party’s reasonable control.
Uncontrollable Circumstances. Provided that the requirements of this Section are met, neither Party shall be considered in default in the performance of its obligations under this Agreement (not including the obligation to make payments) to the extent that such performance is prevented or impaired by the occurrence of Uncontrollable Circumstances. If, as a result of an event of Uncontrollable Circumstances, either Party is wholly or partially unable to meet its obligations under this Agreement, then it shall give the other Party prompt written notice of such event, describing it in reasonable detail. The obligations under this Agreement of the affected Party shall be suspended, other than for payment of monies due, but only with respect to the particular component of obligations affected by the event and only for the period during which the event of Uncontrollable Circumstances exists.
