Force Majaure definition
Force Majaure as employed herein and for all purposes relating hereto shall mean any situation or occurrence not reasonably within the control of the party claiming suspension and which, by the exercise of due diligence, such party is unable to prevent or overcome, and shall include, not by way of limitation, acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, hurricane warnings, crevasses, floods, washouts, arrests and restraints of governments, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, temporary failure of gas supply, the necessity for making repairs or alterations to machinery or lines of pipe, freezing of w▇▇▇▇ or lines of pipe, inability of any party hereto to obtain necessary materials, supplies or permits due to existing or future rules, regulations, orders, laws or proclamations of governmental authorities (both Federal and State), including both civil and military, and any other causes whether of the kind herein enumerated or otherwise, not reasonably within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome; such term shall likewise include (a) in those instances where either party hereto is required to obtain servitudes, right-of-way grants, permits or licenses to enable such party to perform hereunder, the inability of such party to acquire, or delays on the part of such party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, right-of-way grants, permits or licenses, and (b) in those instances where either party hereto is required to furnish materials and supplies for the purposes of constructing or maintaining facilities, the PANDA Pipeline and appurtenant equipment, or is required to secure permits or permission from any governmental agency to enable such party to fulfill its obligations hereunder' the inability of either party to acquire, or delays on the part of such party in acquiring at reasonable cost and after the exercise of reasonable diligence, such materials and supplies, permits and permissions. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty, but shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing...
Examples of Force Majaure in a sentence
The fact that a Subcontractor is affected by a force majaure event is only counted as a Force Majaure event for the Customer if there is no alternative Subcontractors that can take the place of the affected Subcontractor.