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.
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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.
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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.
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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.

Related to Commercially Impracticable

  • Unreasonably impracticable means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

  • Commercially Reasonable Efforts means [***].

  • Commercially Reasonable or “Commercially Reasonable Efforts” means, with respect to any action required to be made, attempted or taken by a Party under this Agreement, the level of effort in light of the facts known to such Party at the time a decision is made that: (a) can reasonably be expected to accomplish the desired action without a material increase in costs incurred by such Party; (b) is consistent with Prudent Industry Practices; and (c) takes into consideration the amount of advance notice required to take such action, the duration and type of action and the competitive environment in which such action occurs.

  • Impracticable means (a) the direct costs paid to third parties to assist in enforcing recovery would exceed the Erroneously Awarded Compensation; provided that the Company (i) has made reasonable attempts to recover the Erroneously Awarded Compensation, (ii) documented such attempt(s), and (iii) provided such documentation to the relevant listing exchange or association, (b) to the extent permitted by the Applicable Rules, the recovery would violate the Company’s home country laws pursuant to an opinion of home country counsel; provided that the Company has (i) obtained an opinion of home country counsel, acceptable to the relevant listing exchange or association, that recovery would result in such violation, and (ii) provided such opinion to the relevant listing exchange or association, or (c) recovery would likely cause an otherwise tax-qualified retirement plan, under which benefits are broadly available to employees of the Company, to fail to meet the requirements of 26 U.S.C. 401(a)(13) or 26 U.S.C. 411(a) and the regulations thereunder.

  • Commercially Useful Function means responsibility for the execution of a distinct element of the work of the contract, which is carried out by actually performing, managing, and supervising the work involved, evidencing the responsibilities and risks of a business owner such as negotiating the terms of (sub)contracts, taking on a financial risk commensurate with the contract or its subcontract, responsibility for acquiring the appropriate lines of credit and/or loans, or fulfilling responsibilities as a joint venture partner as described in the joint venture agreement.