EXCUSE OF PERFORMANCE definition

EXCUSE OF PERFORMANCE. Neither Landmark nor Manufacturer shall be liable for delays in performance or for non-performance due to: acts of God; acts of Buyer; war; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; pandemic or epidemic; default of suppliers; material fluctuations in the exchange rate between the U.S. Dollar and Euro; or unforeseen circumstances or any events or causes beyond Landmark’s or Manufacturer’s reasonable control. Deliveries or other performance maybe suspended for an appropriate period of time or canceled by Landmark upon notice to Buyer in the event of any of the foregoing, but the balance of the Agreement shall otherwise remain unaffected as a result of the foregoing. If Landmark determines that its ability to supply the total demand for the Goods, or to obtain material used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Landmark may allocate its available supply of the Goods or such material (without obligation to acquire other supplies of any such Goods or material) among its purchasers on such basis as Landmark determines to be equitable without liability for any failure of performance which may result therefrom.

Examples of EXCUSE OF PERFORMANCE in a sentence

  • EXCUSE OF PERFORMANCE: SERVICE CONTRACTOR shall not be liable for delays in performance or for non-performance due to acts of God; acts of OWNER; war; epidemic; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders, or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances or any events or causes beyond SERVICE CONTRACTOR's reasonable control.

  • EXCUSE OF PERFORMANCE - United Electric shall not be liable for its failure to perform due to causes be-yond its reasonable control, including but not limited to strikes, fire, war, acts of God, whether such events occur at or about United Electric’s plant or at the plant of its suppliers.

  • The cexc of che 1921 Barge1ona Convencion and Scacuce on freedom of cransic (referenge 2 League of Nacions Treacy Series 11) is accaghed co chis Review as Annex II−1.

  • EXCUSE OF PERFORMANCE (Force Majeure) The performance of this agreement by Skyline Resort is subject to acts of God, war, government regulations or advisory, disaster, fire, accident or other casualty, strikes or threats of strikes, labor disputes, civil disorder, acts and/or threats of terrorism, or curtailment of transportation services or facilities, or similar cause beyond the control of Skyline Resort.

Related to EXCUSE OF PERFORMANCE

  • Time of Performance means the specific time or times indicated in the Contract at which or within which delivery or other performance is to be completed.

  • Standard of performance means a standard for emission of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction) the Director determines has been adequately demonstrated.

  • Schedule of Performance means that schedule of performance, attached hereto as Exhibit G and incorporated herein, setting forth the timelines for Milestones in the design, development, construction, and completion of the Project (including a construction timeline in customary form) together with the dates for submission of documentation required under this Agreement, which schedule shall be attached to the Development Plan and to the Declaration.

  • Adequate Assurance of Performance has the meaning given to it in Section 10.3.

  • Basket Performance means a decimal number calculated by applying the following formula: X ⎛ Underlyingi,FINAL ⎞⎜⎟BP = ∑⎜ Wi × Underlying ⎟i=1 ⎝i,INITIAL ⎠ where: BP = Basket Performance X = 2 Wi = Weighting of the relevant Underlying Underlying i,FINAL Underlying i,INITIAL= Reference Price of the relevant Underlying with respect to the Valuation Date = Initial Price of the relevant Underlying

  • Sexually explicit performance means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons.

  • human performance means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;

  • Unsatisfactory Performance means any of the following:

  • Index Performance means, in relation to an Index and an Auto-Call Valuation Date or the Valuation Date, as the case may be, a percentage calculated by the Calculation Agent in respect of such date in accordance with the following formula: Index Performance =Final Index Level × 100% Initial Index Level

  • Obscene matter or an obscene performance means matter described in 1984 PA 343, MCL 752.361 to 752.374.

  • Total Performance means the date of the City’s acceptance of the Work in writing as fully performed according to the Contract Documents; and

  • Trafficking of persons means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat of or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

  • Extreme performance coating means coatings designed for harsh exposure or extreme environmental conditions.

  • Underlying Performance means in relation to the Valuation Date a decimal number calculated by applying the following formula: UP =Underlying FINAL Underlying INITIAL where: UP = Underlying Performance with respect to the Valuation Date UnderlyingFINAL UnderlyingINITIAL= Reference Price of the Underlying with respect to the Valuation Date = Initial Price of the Underlying

  • Special categories of personal data means information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and biometric data.

  • Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

  • Environmental Performance means all or any of the following: the consumption of energy and associated generation of greenhouse gas emissions; the consumption of water; waste generation and management; and any other environmental impact arising from the use or operation of the Premises or the Estate;

  • processing of personal data (“processing”) shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Specified Agreement is defined in Section 8.1(e) of the Agreement.

  • Control Performance Standard or “CPS” shall mean the reliability standard that sets the limits of a Balancing Authority’s Area Control Error over a specified time period.

  • Service Level Agreement or SLA means the processes, deliverables, key performance indicators and performance standards relating to the Services to be provided by the Service Provider;

  • Publicly Perform means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

  • Energy Performance Score means the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

  • Key Performance Indicators or “KPIs” means the performance measurements and targets set out in Part 3 of Schedule 1 (Services) of this Framework Agreement;

  • Suretyship Liability means any agreement, undertaking or arrangement by which any Person guarantees, endorses or otherwise becomes or is contingently liable upon (by direct or indirect agreement, contingent or otherwise, to provide funds for payment, to supply funds to or otherwise to invest in a debtor, or otherwise to assure a creditor against loss) any indebtedness, obligation or other liability of any other Person (other than by endorsements of instruments in the course of collection), or guarantees the payment of dividends or other distributions upon the shares of any other Person. The amount of any Person's obligation in respect of any Suretyship Liability shall (subject to any limitation set forth therein) be deemed to be the principal amount of the debt, obligation or other liability supported thereby.