Uncontrollable Circumstances definition

Uncontrollable Circumstances means an act of nature such as a flood, earthquake, or fire, or a medical con- dition that requires immediate hospitalization or treatment, or an act of a human being such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts. [2013 c 43 § 1. Prior: 2009 c 549 § 1003; 2001 c 264 § 4; 1991 c 181 § 6; 1979 c 155 § 35; 1977 ex.s. c 291 § 53; 1975 1st ex.s. c 260 § 9A.76.010.]
Uncontrollable Circumstances. Force Majeure")
Uncontrollable Circumstances means any cause beyond the reasonable control of, and not due to the fault or negligence of, the affected Party, including acts of God, drought, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes or labor disputes, delays or failures in transportation (including due to extreme road conditions from inclement weather), orders or judgments of any governmental authority, the absence, suspension, termination, interruption, denial, delay in issuance, or failure of renewal of any permit, any changes in Laws, and any casualty event or similar occurrence having a direct, material adverse effect on the Facility’s ability to accept Feedstock or on WCC’s Site’s ability to accept waste materials or to process the waste materials into Feedstock. Uncontrollable Circumstances includes the failure of a contractor, subcontractor or vendor to furnish labor, services, materials or equipment in accordance with its contractual obligations (but solely to the extent such failure is itself due to a Uncontrollable Circumstance of the type described in this definition).

Examples of Uncontrollable Circumstances in a sentence

Uncontrollable Circumstances shall not include:a circumstance, occurrence, event or cause referred to in paragraphs .01 or .02 of this GC 3.07; a circumstance, occurrence, event or cause brought about by a party’s default or active commission or omission; a circumstance, occurrence, event or cause that could have been avoided or mitigated by the exercise of reasonable effort or foresight by a party.

GC 3.07 is amended by adding the following as paragraphs .04, .05 and .06: .04 If the Contractor is delayed in the performance of the Work by Uncontrollable Circumstances, then the Contract Time shall be extended for such reasonable time as the Contract Administrator may recommend in consultation with the Contractor.

If the Contractor intends to rely upon Uncontrollable Circumstances to suspend obligations as provided for herein, then the Contractor shall notify the Contract Administrator in writing forthwith, describing in reasonable detail, the Uncontrollable Circumstances.

The partial or complete interruption or discontinuance of the Franchisee's services caused by one or more Uncontrollable Circumstances shall not constitute an Event of Default by the Franchisee under this Franchise.

Any delay caused as the result of Uncontrollable Circumstances shall be deemed to continue only as long as the Uncontrollable Circumstances continue.


More Definitions of Uncontrollable Circumstances

Uncontrollable Circumstances means any act, event or condition that is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement, and that materially interferes with or materially increases the cost of performing its obligations hereunder, or expands the scope of the Party’s obligations under this Agreement, to the extent such act, event or condition is not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Agreement on the part of such Party, including, without limitation the following:
Uncontrollable Circumstances means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of man such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts.
Uncontrollable Circumstances means a delay resulting from a cause over which the Party required to make performance does not have control and that cannot or could not have been avoided by the exercise of reasonable care, including acts of God, accidents, war, civil unrest, embargoes, strikes, litigation, and delays of other Parties in the performance of its obligations under or incidental to this Agreement.
Uncontrollable Circumstances means occurrences beyond Tenant Declarant’s reasonable control, and for which Tenant Declarant has taken all steps within Tenant Declarant’s control reasonably necessary to control or minimize, which cause delay in the performance of obligations under this Declaration, including, without limitation, delays resulting from (A) governmental restrictions, limitations, regulations or controls (provided that such are other than ordinary restrictions, limitations, regulations or controls); (B) orders of any court of competent jurisdiction (including, without limitation, any litigation which results in an injunction or a restraining order prohibiting or otherwise delaying the construction of any portion of the Subject Property); (C) labor disputes (including strikes, lockouts not caused by Tenant Declarant, slowdowns and similar labor problems); (D) acts of God (including severe weather conditions); (E) war, sabotage, hostilities, invasion, insurrection, riot, acts of terrorism, mob violence, malicious mischief, embargo, quarantines, national, regional or local disasters, calamities or catastrophes, national emergencies, enemy or hostile governmental action, civil disturbance or commotion, earthquake, flood, fire or other casualty; (F) a taking of the whole or any relevant portion of the Subject Property by condemnation or eminent domain; (G) soil conditions that could not have been foreseen that substantially delay construction of any relevant portion of the Subject Project or substantially impair the ability to develop the Subject Property in the manner contemplated by this Declaration; (H) denial to Tenant Declarant by any party of a right of access to any adjoining real property or to the Subject Property which right is vested in Tenant Declarant, by contract or pursuant to applicable law, if such access is required to accomplish the obligations of Tenant Declarant pursuant to this Declaration; (I) inability of a public utility to provide power, heat or light or any other utility service, despite reasonable efforts by Tenant Declarant to procure same from the utility; and, (J) any extraordinary material delay by any department or agency of the City, State of New York or United States government in the issuance of approvals required in order to permit Tenant Declarant to carry out its obligations under this Declaration that is not caused by any act or omission of the Tenant Declarant, as determined by the Chair in accordance with this Section 10(e). In no event...
Uncontrollable Circumstances means circumstances causing delay due to ---------------------------- acts of God, governmental restrictions (other than arising from the Borrower's failure to comply with applicable law), enemy acts, civil commotion or other causes beyond the reasonable control of the Borrower.
Uncontrollable Circumstances means any act, event or condition that (a) prevents or, individually or in the aggregate, materially delays the Manager or the County from meeting or (b) materially increases the cost of performing, in the case of (a) or (b), the applicable Party’s obligations under this Agreement, to the extent such act, event or condition is due to circumstances beyond the reasonable control of the Party asserting an Uncontrollable Circumstance; provided, however, such act, event or condition is not the result of such Party’s failure to perform its obligations hereunder in accordance with the terms and conditions of this Agreement.
Uncontrollable Circumstances means an act of nature such as