Uncontrollable Force definition
Uncontrollable Force means any cause beyond the control of the Borrower, including:
Uncontrollable Force means an event beyond the reasonable control, and without the fault or negligence, of the Party claiming the Uncontrollable Force, that prevents that Party from performing its obligations under this Agreement and which that Party could not have avoided by the exercise of reasonable care, diligence, and foresight. Uncontrollable Forces include each event listed below, to the extent it satisfies the foregoing criteria, but are not limited to these listed events:
Uncontrollable Force means any cause beyond the control of the Borrower, including: (a) a hurricane, tornado, flood or similar occurrence, landslide, earthquake, fire or other casualty, strike or labor disturbance, freight embargo, act of a public enemy, explosion, war, blockade, terrorist act, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, sabotage, or act of God (provided that the Borrower shall not be required to settle any strike or labor disturbance in which it may be involved) or (b) the order or judgment of any federal, state or local court, administrative agency or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the Borrower and the Borrower does not control the administrative agency or governmental officer or body; provided that the diligent contest in good faith of any such order or judgment shall not constitute or be construed as a willful or negligent action or a lack of reasonable diligence of the Borrower.
Examples of Uncontrollable Force in a sentence
Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route is more than ninety percent (90%) complete and is thereafter completed within the first five (5) hours the very next day.
The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance in compliance with this Agreement will resume.
Except as provided in this Section, or as a result of an Uncontrollable Force (defined below), Vicinity will endeavor at all times to provide a regular and uninterrupted supply of Service on a twenty-four (24) hour a day basis in accordance with this Agreement.
Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, or New Year’s Day, unless necessary to respond to an Uncontrollable Force.
Performance shall be excused for no greater scope and no longer duration than is required by the Uncontrollable Force.
More Definitions of Uncontrollable Force
Uncontrollable Force shall have the meaning set forth in Section 5.01 hereof.
Uncontrollable Force means any cause beyond the control of the Borrower, including: (a) a tornado, flood or similar occurrence, landslide, earthquake, fire or other casualty, strike or labor disturbance, freight embargo, act of a public enemy, explosion, war, blockade, terrorist act, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, sabotage, or act of God (provided that the Borrower shall not be required to settle any strike or labor disturbance in which it may be involved) or (b) the order or judgment of any federal, state or local court, administrative agency or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the Borrower and the Borrower does not control the administrative agency or governmental officer or body; provided that the diligent contest in good faith of any such order or judgment shall not constitute or be construed as a willful or negligent action or a lack of reasonable diligence of the Borrower.
Uncontrollable Force means any act or event that delays or prevents a Party from timely performing obligations under this Agreement, including an act of God, strike, lock- out, labor dispute, labor disturbance, act of the public enemy, act of terrorism, war, insurrection, riot, fire, storm or flood, earthquake, explosion, accident to or breakage, failure or malfunction of machinery or equipment, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities (other than, as to its own performance, by such Party that is a federal power marketing administration, municipal corporation or other federal, tribal or state governmental entity or subdivision thereof), or any other cause beyond such Party’s reasonable control and to the extent without such Party’s fault or negligence. Economic hardship shall not constitute an Uncontrollable Force under this Agreement.
Uncontrollable Force means any cause, event or force beyond the control of the party affected, including, but not restricted to failure, or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, acts of a public enemy, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, and restraint by court or public authority and action or non-action by, or inability to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. “Uncontrollable Force” includes any cause, event or force constituting “force majeure,” “uncontrollable force” or similar term as defined in any Project Agreement.
Uncontrollable Force means causes or events that are beyond the reasonable control of, and without the fault or negligence of, the Party claiming such Uncontrollable Force, including, without limitation, acts of God; unusually severe actions of the elements such as floods, hurricanes, or tornadoes; sabotage, terrorism; war; riots or public disorders; strikes or other labor disputes; inability to obtain or maintain applicable Governmental Approvals from a Governmental Authority resulting solely from the enactment, repeal or amendment in any applicable law or in the interpretation or application of any applicable law by such Governmental Authority, in each case occurring after the effective date hereof, or the failure of such Governmental Authority to comply with statutorily mandated permitting time requirements and actions or failures to act of any government agency, excluding Department (including expropriation and requisition) which by exercise of due diligence such Party could not reasonably have been expected to avoid and to the extent by which exercise of due diligence it has been unable to overcome, to the extent such cause or event prevents or delays performance of any obligation imposed on the Party claiming such Uncontrollable Force (other than an obligation to pay money). As to Seller, Uncontrollable Forces shall include interruption or curtailment of the transportation, distribution, storage or other delivery of Fuel by a Fuel provider for reliability or other non-economic reasons, provided, however, that Seller has not failed to make arrangements for such transportation, distribution, storage or other delivery services that are characterized as "firm" or "non-interruptible" under the applicable tariff and/or agreement. Uncontrollable Force shall not include: (i) causes or events affecting the performance of third-party suppliers of goods or services except to the extent caused by an event that otherwise is an Uncontrollable Force under the definition provided in the previous sentence, (ii) the unavailability of equipment that would have been avoided by compliance with Prudent Industry Practices by the Party claiming the Uncontrollable Force, (iii) changes in market conditions that affect the price of energy or capacity, (iv) any Delivery Event, (v) Seller’s inability (regardless of cause) to obtain financing to meet its obligations hereunder, or (vi) Seller’s inability to obtain or maintain applicable Governmental Approvals from a Governmental Authority for any reas...
Uncontrollable Force means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control of the Party claiming Uncontrollable Force which could not be avoided through the exercise of Good Utility Practice.
Uncontrollable Force means any act or event that delays or prevents an Order 1000 Party or ColumbiaGrid from timely performing obligations under this Order 1000 Agreement, including an act of God, strike, lock-out, labor dispute, labor disturbance, act of the public enemy, act of terrorism, war, insurrection, riot, fire, storm or flood, earthquake, explosion, accident to or breakage, failure or malfunction of machinery or equipment, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities (other than, as to its own performance, by such Order 1000 Party that is a federal power marketing administration, municipal corporation or other federal, tribal or state governmental entity or subdivision thereof), or any other cause beyond an Order 1000 Party’s or ColumbiaGrid’s reasonable control and to the extent without such Order 1000 Party’s or ColumbiaGrid’s fault or negligence. Economic hardship shall not constitute an Uncontrollable Force under this Order 1000 Agreement.