Commercially Impracticable definition

Commercially Impracticable means the inability to perform an act on terms that are reasonable in commerce. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not be considered "commercial impracticability" and shall not render an act or the terms of an agreement commercially impracticable.
Commercially Impracticable means that the Company is unable to provide any facility or equipment or to undertake any other activity or fulfill any other obligation as provided for in this Agreement, any Appendix hereto, or any amendment to this Agreement or Appendix hereto, as a result of a change in conditions which is beyond the control of the Company due to unforeseen supervening circumstances not within the contemplation of the Company as of the date hereof, and the nonoccurrence of which was a basic assumption on which the requirement for such facility, equipment, other activity, or obligation was based, consistent with the definition of commercial impracticability in Section 2-615 of the Uniform Commercial Code as in effect in the State of Delaware.
Commercially Impracticable means that the Company is unable to provide any facility or equipment, or to undertake any other activity or fulfill any other obligation as provided for in this Agreement, any Appendix hereto, or any amendment to this Agreement or Appendix hereto, as a result of a change in conditions which is beyond the control of the Company due to unforeseen supervening circumstances not within the contemplation of the Company as of the date hereof and the nonoccurrence of which was a basic assumption on which the requirement for such facility, equipment, other activity, or obligation was based, consistent with the definition of commercial impracticability in Section 2-615 of the Uniform Commercial Code as in effect in the State of New York.

Examples of Commercially Impracticable in a sentence

  • In addition, the Company, after thoroughly considering all foreseeable economic and business risks, currently believes that such Services, facilities and equipment as delineated herein in such Appendices will remain Economically and Technically Feasible and Viable during the term of the franchise, and will not become, during the term of the franchise, Commercially Impracticable.