Common use of Uncontrollable Forces Clause in Contracts

Uncontrollable Forces. No Party shall be considered to be in default in performance of any of its obligations under this MOU when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the Party affected including, but not restricted to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, 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 shall be unable to overcome. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it is involved. Any Party rendered unable to fulfill any obligation under this MOU by reason of uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party shall be considered to be in default in performance of any of its obligations under this MOU when a failure of performance shall be is due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the Party affected party affected, including, but not restricted to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence and foresight such Party party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a Party party to settle any strike or labor dispute in which it is involved. Any Party party rendered unable to fulfill any obligation under this MOU by reason of uncontrollable force shall give prompt written notice of such fact to the other Party party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party shall be considered to be in default in performance breach of any of its the obligations under this MOU when a hereunder, other than the obligation to pay money, to the extent failure of performance shall be due to an uncontrollable forceforces. The term "“uncontrollable force" means forces” shall mean any cause beyond the control of the a Party affected unable to perform such obligation, including, but not restricted limited to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, and other natural catastrophes, epidemic, war, riot, civil disturbance or disobediencedisturbance, labor dispute, labor or material shortagesabotage, sabotagegovernment priorities, restraint by court order or public authority or authority, and action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental government agency or authority, which by exercise of due reasonable diligence and foresight such Party could not reasonably have been expected to avoid and which by exercise of due reasonable diligence it shall be has been unable to overcome. Nothing contained herein shall be construed so as to require a Party to settle any strike or labor dispute in which it is may be involved. Any Party rendered unable to fulfill any obligation under this MOU by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party shall be considered to be in default in performance breach of any of its the obligations under this MOU when a hereunder, other than the obligation to pay money, to the extent failure of performance shall be due to an uncontrollable forceforces. The term "uncontrollable forceforces" means shall mean any cause beyond the control of the a Party affected unable to perform such obligation, including, but not restricted limited to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, and other natural catastrophes, epidemic, war, riot, civil disturbance or disobediencedisturbance, labor dispute,. sabotage, labor or material shortage, sabotagegovernment priorities, restraint by court order or public authority or authority, and action or non-action by, by or failure to obtain the necessary authorizations or approvals from, from any governmental government agency or authority, which by exercise of due reasonable diligence and foresight such Party could not reasonably have been expected to avoid and which by exercise of due reasonable diligence it shall be has been unable to overcome. Nothing contained herein shall be construed so as to require a Party to settle any strike or labor dispute in which it is may be involved. Any Party rendered unable to fulfill any obligation under this MOU by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Neither Party to this Agreement shall be considered to be in default in performance of any of its obligations under this MOU obligations, except the agreement to make payment, when a failure of performance shall be due to an uncontrollable force. The term "“uncontrollable force" ” means any cause beyond the control of the Party affected includingaffected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or and action or non-action inaction by, or failure to obtain the necessary authorizations authorization or approvals from, any governmental agency or authority, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it is may be involved. Any Either Party rendered unable to fulfill any obligation of its obligations under this MOU Agreement by reason of an uncontrollable force shall give prompt written notice of such fact fact, if reasonable to do so, to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party party shall be considered to be in default in the performance of any of its obligations under this MOU when a hereunder if failure of performance shall be is due to an uncontrollable force. The term "uncontrollable force" means ” shall mean any cause beyond the control of the Party affected includingparty affected, including but not restricted to, failure or threat of limited to failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or and action or non-action by, nonaction by or failure to obtain the necessary authorizations or approvals from, from any governmental agency or authority or the electorate, labor or material shortage, sabotage and restraint by Court order or public authority, which by exercise of due diligence and foresight such Party party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed so as to require a Party to settle any strike or labor dispute in which it is involved. Any Party Either party rendered unable able to fulfill any obligation under this MOU hereunder by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatchinability.

Uncontrollable Forces. No Party party to this Agreement shall be considered to be in default in performance of any of its obligations under this MOU Agreement when a failure of performance shall be due to an the result of uncontrollable forceforces. The term "“uncontrollable force" means forces” shall mean any cause or causes beyond the control of the Party affected includinga party, but not restricted to, including without limitation failure of or threat of failure of facilities, flood, earthquake, storm, drought, fire, lightning, epidemic, war, riotor other natural catastrophe, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, war and/or acts of terrorism, government priorities and restraint by court order or public authority or authority, and action or non-action by, or failure inability to obtain or maintain in effect, the necessary authorizations or approvals from, from any governmental agency or authority, any of which by exercise of due diligence and foresight such Party of a party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be has been unable to overcome. Nothing contained herein in this section shall be construed to require as requiring a Party party to settle any strike or labor dispute in which it is may be involved. Any Party rendered unable , or to fulfill enter into any obligation under this MOU by reason of uncontrollable force shall give prompt written notice of such fact contracts or commit to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatchfinancing arrangements, which contains conditions or terms which a party determines are unduly burdensome.

Uncontrollable Forces. No Party party shall be considered to be in default in the performance of any of its obligations under this MOU when a hereunder if failure of performance shall be is due to an uncontrollable force. The term "uncontrollable force" means ” shall mean any cause beyond the control of the Party affected includingparty affected, including but not restricted to, failure or threat of limited to failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or and action or non-action by, nonaction by or failure to obtain the necessary authorizations or approvals from, from any governmental agency or authority or the electorate, labor or material shortage, sabotage and restraint by Court order or public authority, which by exercise of due diligence and foresight such Party party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed so as to require a either Party to settle any strike or labor dispute in which it is involved. Any Party Either party rendered unable able to fulfill any obligation under this MOU hereunder by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatchinability.

Uncontrollable Forces. No Neither Party shall be considered to be in default in the performance of any of its obligations under this MOU Agreement (other than obligations to make payments pursuant to this Agreement) when a failure of performance shall be due to an uncontrollable forceforces. The term "“uncontrollable force" forces” means any cause beyond the control of the Party affected failing to perform including, but not restricted to, failure or threat of failure of facilities, flood, earthquake, storm, lightning, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or authority, and action or non-action by, or failure inability to obtain the necessary authorizations or approvals from, any governmental agency or authority, 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 shall be unable to has not overcome. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it is involved. Any Either Party rendered unable to fulfill any obligation of its obligations under this MOU Agreement by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatchliability. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved.

Uncontrollable Forces. No Neither Party shall be considered to be in default in performance of any of its obligations under this MOU Agreement, except to make payments as specified herein, when a failure of performance shall be is due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the reasonable control of the Party affected affected, including, but not restricted to, failure or threat of failure of facilities, terrorist act, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance disturbance, or disobedience, labor dispute, labor labor, or material shortage, sabotage, or restraint by court order or any other public authority or action or non-action by, or failure to obtain the necessary authorizations or approvals from, (except for any governmental agency or authorityrestraint Platte River imposes on itself), 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 shall be unable to overcome. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it is involved. Any Party rendered unable to fulfill any obligation of its obligations under this MOU Agreement by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and of its intention to suspend its performance and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party shall be considered to be in default in performance of any of its obligations under this MOU Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the Party affected including, but not restricted to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency Agency or authority, 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 shall be unable to overcome. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it is involved. Any Party rendered unable to fulfill any obligation under this MOU Agreement by reason of uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Neither Party shall be considered to be in default in the performance of any of its obligations under this MOU hereunder when a failure of performance shall be due to an uncontrollable forceforces. The term "“uncontrollable force" means forces” shall mean any cause beyond the control of the Party affected unable to perform such obligation, including, but not restricted limited to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightninglightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, government priorities and restraint by court order or public authority or authority, and action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, 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 shall be unable to overcome. Nothing contained herein shall be construed to require a either Party to settle any strike or labor dispute in which it is involved. Any Party rendered unable to fulfill any obligation under this MOU by reason of uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. No Party party shall be considered to be in default in performance of any of its obligations under this MOU Agreement when a failure of performance shall be is due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the Party affected party affected, including, but not restricted to, failure or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority or action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence and foresight such Party party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a Party party to settle any strike or labor dispute in which it is involved. Any Party party rendered unable to fulfill any obligation under this MOU Agreement by reason of uncontrollable force shall give prompt written notice of such fact to the other Party party and shall exercise due diligence to remove such inability with all reasonable dispatch.