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 is 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 is shall be 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 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 is shall be due to an uncontrollable forceforces. The term "“uncontrollable force" forces” means any cause beyond the control of the party affected, Party 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 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 party 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 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 Party Neither party shall be considered to be in default in performance of any of its obligations under this MOU the contract, except to make payment as specified in Article 12 herein, when a failure of performance is shall be due to an uncontrollable force. The term "“uncontrollable force" ” means any cause beyond the control of the party affected, including, 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 nonaction 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 reasonable 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 the contract 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 party shall be considered to be in default in performance of any of its obligations under this MOU Agreement when a failure of performance is 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 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 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 is shall be due to an uncontrollable force. The term "“uncontrollable force" ” means any cause beyond the control of the party Party affected, including, 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 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 may be involved. Any party 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 Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

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 is due to an shall be the result of uncontrollable forceforces. The term "“uncontrollable force" means forces” shall mean any cause or causes beyond the control of the party affecteda party, including, 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 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 to settle any strike or labor dispute in which it is may be involved. Any , or to enter into any contracts or commit to financing arrangements, which contains conditions or terms which a 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 dispatchdetermines 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 is due to an uncontrollable force. The term "uncontrollable force" means ” shall mean any cause beyond the control of the party affected, including, 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 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 either Party to settle any strike or labor dispute in which it is involved. Any 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 is shall be due to an uncontrollable forceforces. The term "uncontrollable forceforces" means any cause beyond the control of the party affected, Party 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 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 party 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 Party and shall exercise due diligence to remove such inability with all reasonable dispatchinability. 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 is due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the reasonable control of the party Party 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 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 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 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 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 is shall be due to an uncontrollable forceforces. The term "“uncontrollable force" means forces” shall mean any cause beyond the control of the party affectedParty 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, 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 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 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 31.1 Neither Party shall be considered to be in default in the performance of any of its obligations under this MOU when a Agreement, other than an existing obligation to pay money, when, and to the extent, failure of performance is shall be due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the party affectedParty failing to perform, including, but not restricted limited 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 nonaction by, or failure inability to obtain and maintain the necessary authorizations or approvals from, any governmental agency or authority, which by the exercise of due diligence and foresight such party Party could not reasonably have been expected to avoid and which which, by exercise of due diligence it shall be has not overcome. Either Party rendered unable to overcomefulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt written notice of such facts to the other Party and shall exercise due diligence to remove such inability. Nothing contained herein shall be construed so as to require a party 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 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 Agreement when a failure of performance is shall be 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 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.