Excused Cause definition
Excused Cause means failure or delay caused by any government regulation or authority, mechanical difficulty, war, civil commotion, strikes or labor disputes, weather conditions, or acts of God cause such failure.
Excused Cause means any period where the Hosting Services are Unavailable: (i) due to Planned Maintenance; (ii) lasting for two consecutive Service Periods or less; (iii) when Ordering Activity’s use of the Hosting Services exceeded the limitations set out in clause Error! Reference source not found. of Schedule 5; (iv) due to a Force Majeure Event; (v) due to any fault in or other problems associated with, the Internet or any equipment, hardware or software Ordering Activity uses to access the Hosting Services; or (vi) outside of Normal Support Hours.
Excused Cause means failure or delay caused by any government regulation or authority, mechanical difficulty, war, civil commotion, strikes or labor disputes, weather conditions, or acts of God cause such failure. "FAA" means the Federal Aviation Administration or any successor agency. "FAR" means collectively the Aeronautics Regulations of the Federal Aviation Administration and the Department of Transportation, as codified at Title 14, Parts 1 to 399 of the United States Code of Federal Regulations. -2- "Flight Hour" means each flight hour of use of the Aircraft during any Lease Period, as recorded on the Aircraft hour meter. Flight Hours shall be measured in one-tenth hour increments. “Lease Period” means each lease period which commences with delivery of the Aircraft to Lessee and concludes with the return of the Aircraft to Lessor. Lessee’s assumption and use of the Aircraft for each Lease Period shall be documented in the Aircraft flight logs and/or other applicable documents. If requested by Lessor, Lessee shall also execute an Aircraft Delivery Receipt in the form attached to this Agreement as Exhibit C at any time the Lessee accepts delivery of the Aircraft. In the event that the Aircraft must be repositioned, other than to the Operating Base, for Lessee’s use, flight time for such repositioning shall be deemed a Lease Period. "Lien" means any mortgage, security interest, lease, or other charge or encumbrance or claim or right of others, including, without limitation, rights of others under any airframe or engine interchange or pooling agreement. "Operating Base" means, with respect to each Lease Period, that location where Lessor delivers the Aircraft to Lessee. "Operational Control" has the same meaning given the term in Section 1.1 of the FAR. "Pilot in Command" has the same meaning given the term in Section 1.1 of the FAR. "Taxes" means all sales taxes, use taxes, value added taxes, retailer taxes, duties, fees, excise taxes (including, without limitation, federal transportation excise taxes), or other taxes of any kind which may be assessed or levied by any taxing jurisdiction as a result of the lease of the Aircraft to Lessee, or the use of the Aircraft by Lessee, or the provision of a taxable transportation service by Lessee using the Aircraft. Taxes do not include any taxes imposed on the net income of Lessor. "Term" means the term of this Agreement set forth in Section 3.1.
Examples of Excused Cause in a sentence
Lessor shall not be liable for delay or failure to furnish the Aircraft pursuant to this Agreement, and Lessee shall not be liable for delay or failure to return the Aircraft at the end of any Lease Period pursuant to this Agreement, when such failure or delay is caused by an Excused Cause.
This paragraph shall not apply in any situation where (1) the delay results from an Excused Cause, and (2) Lessor provides the Aircraft to Lessee, or Lessee returns the Aircraft to Lessor, as soon as is practical after the Excused Cause abates.
Lessor shall not be liable for delay or failure to furnish the Aircraft pursuant to this Agreement when such failure or delay is caused by an Excused Cause.