Common use of FORCE MAJEURE Clause in Contracts

FORCE MAJEURE. 15.1 IZSVe shall not be liable for failure of or delay in performing obligations set forth in this Agreement, or for having incorrectly performed them, and shall not be deemed in breach of its obligations, if such failure, delay or incorrect performance is due to natural disasters or any causes beyond its reasonable control including, without limitation, any act of God, any civil commotion or strike. In the event of such force majeure, the Party affected thereby shall promptly notify the other Party in writing. If the force majeure lasts more than 90 days, the Party shall have the right to terminate the Agreement; the notice of termination shall be made according to the following art. 13. 15.2 A party shall not be held responsible towards the other for the failure, inaccurate or delayed fulfillment of its obligations established in this agreement in the event of a direct or indirect unforeseeable circumstance, force majeure or any other cause not attributable to the party. For the purposes of this clause, by way of example and not exhaustive, “Force Majeure event” shall include any event (i) beyond the control of either Party (ii) that may prevent this Party from fulfilling its obligations under this Agreement, (iii) which could not have been reasonably foreseen when the Agreement was executed and (iv) whose effects cannot be avoided by appropriate measures. For example but not exhaustive: natural disasters, fires, floods, wars (declared or undeclared), civil uprisings, riots, embargoes, sabotage, accidents, labor disputes, strikes, provisions of any public or governmental authority, including applicable laws, ordinances, rules and regulations. In the event of such Force Majeure, the affected Party shall promptly notify the other Party in writing. If the force majeure lasts more than 90 days, the Party unaffected by the Force Majeure shall have the right to terminate the Agreement; the notice of termination shall be made according to Article 30 of this Agreement.

Appears in 2 contracts

Sources: Service and Research Agreement, Service and Research Agreement

FORCE MAJEURE. 15.1 IZSVe Parties shall not be liable for failure of or delay in performing obligations set forth in this Agreementand, or for having incorrectly performed themtherefore, and shall not be deemed considered in breach of its obligationsdefault, if the delay and/or default is caused by an event beyond their control such failure, delay as to temporarily or incorrect permanently make their performance is due impossible or such as to natural disasters or any causes beyond its reasonable control including, without limitation, any act of God, any civil commotion or strike. In the event of such force majeure, the Party affected thereby shall promptly notify the other Party in writing. If the force majeure lasts more than 90 days, the Party shall have the right to terminate the Agreement; the notice of termination shall be made according to the following art. 13make it excessively onerous (“Force Majeure Event”). 15.2 A party shall not be held responsible towards the other Pursuant to and for the failure, inaccurate or delayed fulfillment of its obligations established in this agreement in the event of a direct or indirect unforeseeable circumstance, force majeure or any other cause not attributable to the party. For the purposes of this clausearticle, by way of example and not exhaustivewithout limitation, the Parties define the following events as Force Majeure event” shall include any event (i) beyond the control Events: acts of either Party (ii) that may prevent this Party from fulfilling its obligations under this AgreementGod, (iii) which could not have been reasonably foreseen when the Agreement was executed and (iv) whose effects cannot be avoided by appropriate measures. For example but not exhaustive: natural disasters, firesfire, floods, wars (declared or undeclared), civil uprisings, riots, embargoes, sabotage, accidentscomputer incidents (i.e., labor any event of an accidental or incidental nature resulting in the malfunction, interruption, even partial, or improper use of networks, information systems or computer services) occurring due to causes not attributable to Owner, labour disputes, strikes, provisions widespread diseases and/or outbreaks and/or pandemics, factum principis, interruption of any public energy supplies, delays and impossibilities attributable to ▇▇▇▇▇▇’▇ suppliers. Throughout the entire period during which the Force Majeure Event or governmental authority, including applicable laws, ordinances, rules and regulations. In the event of such Force Majeure, the affected Party shall promptly notify the other Party in writing. If the force majeure lasts more than 90 daysits effects persist, the Party unaffected affected by the Force Majeure Event shall not be considered liable, which means that the other party shall not be entitled to claim damages and/or the termination of the Agreement, it being understood that such obligations shall be fulfilled upon the cessation of the Force Majeure Event, subject to the provisions set forth in art. 15.3. 15.3 Where a Party is affected by a Force Majeure Event, it will inform the other Party of the occurrence of such an event and its effects and of its possibility to fulfil its obligations deriving from the Agreement. In this case, the Parties shall meet to act in good faith to take the necessary actions to cancel or reduce the effects of such an Force Majeure Event. 15.4 The Parties expressly agree that if the Force Majeure Event persists for a period of more than 6 months, each Party shall have the right right, at its own discretion, to terminate the Agreement; Agreement by giving notice to the notice other Party, without any right to compensation and/or refund of termination shall be made according to Article 30 costs in favour of this Agreementany Party and without any configurable liability on their part.

Appears in 1 contract

Sources: Rental Agreement

FORCE MAJEURE. 15.1 20.1 IZSVe shall not be liable for failure of or delay in performing obligations set forth in this Agreement, or for having incorrectly performed them, and shall not be deemed in breach of its obligations, if such failure, delay or incorrect performance is due to natural disasters or any causes beyond its reasonable control including, without limitation, any act of God, any civil commotion or strike. In the event of such force majeure, the Party affected thereby shall promptly notify the other Party in writing. If the force majeure lasts more than 90 days, the Party shall have the right to terminate the Agreement; the notice of termination shall be made according to the following art. 1318. 15.2 20.2 A party shall not be held responsible towards the other for the failure, inaccurate or delayed fulfillment of its obligations established in this agreement in the event of a direct or indirect unforeseeable circumstance, force majeure or any other cause not attributable to the party. For the purposes of this clause, by way of example and not exhaustive, “Force Majeure event” shall include any event (i) beyond the control of either Party (ii) that may prevent this Party from fulfilling its obligations under this Agreement, (iii) which could not have been reasonably foreseen when the Agreement was executed and (iv) whose effects cannot be avoided by appropriate measures. For example but not exhaustive: natural disasters, fires, floods, wars (declared or undeclared), civil uprisings, riots, embargoes, sabotage, accidents, labor disputes, strikes, provisions of any public or governmental authority, including applicable laws, ordinances, rules and regulations. In the event of such Force Majeure, the affected Party shall promptly notify the other Party in writing. If the force majeure lasts more than 90 days, the Party unaffected by the Force Majeure shall have the right to terminate the Agreement; the notice of termination shall be made according to Article 30 of this Agreement.

Appears in 1 contract

Sources: Service and Research Agreement