an event of Force Majeure means any cause beyond the reasonable control of the Seller or of PacifiCorp which, despite the exercise of due diligence, such Party is unable to prevent or overcome. By way of example, Force Majeure may include but is not limited to acts of God, fire, flood, storms, wars, hostilities, civil strife, strikes, and other labor disturbances, earthquakes, fires, lightning, epidemics, sabotage, restraint by court order or other delay or failure in the performance as a result of any action or inaction on behalf of a public authority which by the exercise of reasonable foresight such Party could not reasonably have been expected to avoid and by the exercise of due diligence, it shall be unable to overcome, subject, in each case, to the requirements of the first sentence of this paragraph. Force Majeure, however, specifically excludes the cost or availability of fuel or motive force resources to operate the Facility or changes in market conditions that affect the price of energy or transmission. If either Party is rendered wholly or in part unable to perform its obligation under this Agreement because of an event of Force Majeure, that Party shall be excused from whatever performance is affected by the event of Force Majeure to the extent and for the duration of the event of Force Majeure, after which such Party shall re-commence performance of such obligation, provided that:
an event of Force Majeure means act of God, explosion, flood, tempest, fire, accident, war or threat of war, sabotage, insurrection or civil disturbance which the affected party proves was beyond its control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent.
an event of Force Majeure means an event which is unforeseen, unavoidable and insurmountable, and includes, but is not limited to, acts by government, natural force, fire, explosions, geographic changes, storm, flood, earthquake, tide, lightning or wars. However, the deficiencies of qualifications, funds or financing can not be deemed an event beyond one party’s reasonable control. The party that is affected by “An Event of Force Majeure” and seeks to exempt the performance of responsibilities under the provisions of this Agreement shall notify the other party the exemption of responsibility as soon as possible.
Examples of an event of Force Majeure in a sentence
The Supplier shall not be liable for forfeiture of its Performance Security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
Upon the occurrence of an event of Force Majeure, the time for performance shall be extended for the period of delay or inability to perform due to such occurrence, but if an Event of Force Majeure continues for a continuous period of more than sixty (60) days the other Party shall be entitled to terminate the Sales Contract by means of Notification.
The tenderer shall not be liable for forfeiture of its performance security or termination for default if and to the extent that it’s delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure.
The Party that is affected by an event of Force Majeure shall use all reasonable endeavors to avoid or minimize the effects of an event of Force Majeure on its performance of its obligations under the Sales Contract.
Not later than thirty(30)days after the Consultants ,as the result of an event of Force Majeure, have become unable to perform a material portion of the Services,the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.
More Definitions of an event of Force Majeure
an event of Force Majeure means an event (a) is not reasonably anticipated as of the date of this Agreement, (b) is not within the reasonable control of the Party affected by the event, (c) is not the result of such Party’s negligence or failure to act, and (d) could not be overcome by the affected Party’s use of due diligence in the circumstances. Force Majeure includes, but is not restricted to, events of the following types (but only to the extent that such an event, in consideration of the circumstances, satisfies the tests set forth in the preceding sentence): acts of God; fire; explosion; civil disturbance; sabotage; action or restraint by court order or public or government authority (as long as the affected Party has not applied for or assisted in the application for, and has opposed to the extent reasonable, such court or government action). Notwithstanding the foregoing, none of the following constitute Force Majeure: (i) Seller’s ability to sell, or Buyer’s ability to purchase energy at a more advantageous price than is provided under this Agreement; (ii) the cost or availability of Fuel; (iii) economic hardship including lack of money; (iv) the imposition upon Seller of costs or taxes allocated to Seller under Sections 5 or 6; (v) delay or failure by Seller to obtain any Required Facility Document, other than Permits which Seller is diligently and timely taking all reasonable steps to obtain; (vi) strikes or labor disturbances occurring at the Facility, the Premises or any of Buyer’s or Seller’s facilities;
an event of Force Majeure means, in relation to either party, an event or circumstance beyond the reasonable control of that party including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet service provider, war, military operations, act of terrorism or riot, delay or failure in manufacture, production or supply by third parties of equipment or services.
an event of Force Majeure means any event or circumstance not within their reasonable control, directly or indirectly, of the affected Party ...”
an event of Force Majeure means any cause beyond the reasonable control of the Seller or of PacifiCorp which, despite the exercise of due diligence, such Party is unable to prevent or overcome. By way of example, Force Majeure may include but is not limited to acts of God, fire, flood, storms, wars, hostilities, civil strife, strikes, and other labor disturbances, earthquakes, fires, lightning, epidemics, sabotage, restraint by court order or other delay or failure in the performance as a result of any action or inaction on behalf of a public authority which by the exercise of reasonable foresight such Party could not reasonably have been expected to avoid and by the exercise of due diligence, it shall be unable to overcome, subject, in each case, to the requirements of the first sentence of this paragraph. Force Majeure, however, specifically excludes the cost or availability of fuel or motive force resources to operate the Facility or changes in market conditions that affect the price of energy or transmission. If either Party is rendered wholly or in part unable to perform its obligation under this Agreement because of an event of Force Majeure, that Party shall be excused from whatever performance is affected by the event of Force Majeure to the extent and for the duration of the event of Force Majeure, after which such Party shall re- commence performance of such obligation, provided that: the non-performing Party, shall, within two (2) weeks after the occurrence of the Force Majeure, give the other Party written notice describing the particulars of the occurrence; and the suspension of performance shall be of no greater scope and of no longer duration than is required by the event of Force Majeure; and the non-performing Party uses its best efforts to remedy its inability to perform.
an event of Force Majeure means an event or circumstance beyond our reasonable control including (but without limitation to) any act of God, failure or shortage of power supplies, the act or omission of any telecommunications carrier, internet service provider. We shall not be deemed to be in breach of these terms and conditions or otherwise liable to you for any delay in performance or any non-performance of our obligations in providing the Goods or Services if and to the extent that the delay or non-performance is due to an event of force majeure.
an event of Force Majeure means an event that any of the Parties could not have foreseen at the time of the conclusion of this Agreement, and could not have been able to avoid and overcome the occurrence and consequences thereof. Events of Force Majeure shall include among other things, but without limitation, earthquake, typhoon, flood, or other acts of nature, fire, explosion, embargo, strikes, riots, war, or epidemic, or a significant decline in the financial or credit markets or a significant deterioration in economic conditions in the United States of America, the PRC or elsewhere.
an event of Force Majeure means any circumstances beyond the reasonable control of the Seller (including, without limitation, any strike, lock- out or other industrial action, natural disaster or terrorist attack);