Common use of Events Excusing Performance Clause in Contracts

Events Excusing Performance. In the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which the Group has no control, the Group shall not be liable to Administrator, Parent or their Affiliates for failure to perform any of its obligations required hereunder as may be materially restricted by any such event and Administrator shall not have the right to terminate this Agreement pursuant to Section 10.4(a), for so long as such events continue and for a reasonable period of time thereafter; provided however that if such events continue and the Group is not able to perform any material portion of its obligations required hereunder for a period of 120 consecutive days or more, either the Group or Administrator may terminate this Agreement by written notice to the other.

Appears in 18 contracts

Samples: Service Agreement (Radiologix Inc), Service Agreement (American Physician Partners Inc), Service Agreement (American Physician Partners Inc)

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Events Excusing Performance. In the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies as a result of no material involvement of Parent or Administrator, or other events over which the Group Administrator has no control, the Group Administrator shall not be liable to Administrator, Parent or their Affiliates the Group for failure to perform any of its obligations the services required hereunder as may be materially restricted by any such event and Administrator the Group shall not have the right to terminate this Agreement pursuant to Section 10.4(a10.3(b), for so long as such events continue and for a reasonable period of time thereafter; provided however that if such events continue and the Group Administrator is not able to perform any material portion of its obligations the services required hereunder for a period of 120 consecutive days or more, either the Administrator or Group or Administrator may terminate this Agreement by written notice to the other.

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

Events Excusing Performance. In the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which the Group has no control, the Group shall not be liable to AdministratorPIP, Parent or their Affiliates for failure to perform any of its obligations required hereunder as may be materially restricted by any such event and Administrator PIP shall not have the right to terminate this Agreement pursuant to Section 10.4(a)8.4(a) below, for so long as such events continue and for a reasonable period of time thereafter; provided however provided, however, that if such events continue and the Group is not able to perform any material portion of its obligations required hereunder for a period of 120 one hundred twenty (120) consecutive days or more, either the Group or Administrator PIP may terminate this Agreement by written notice to the otherother parties.

Appears in 1 contract

Samples: Professional Services Agreement (Radiologix Inc)

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Events Excusing Performance. In the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies as a result of no material involvement of Group, or other events over which the Group has no control, the Group shall not be liable to Administrator, Parent or their Affiliates for failure to perform any of its obligations required hereunder as may be materially restricted by any such event and Administrator shall not have the right to terminate this Agreement pursuant to Section 10.4(a), for so long as such events continue and for a reasonable period of time thereafter; provided however that if such events continue and the Group is not able to perform any material portion of its obligations required hereunder for a period of 120 consecutive days or more, either the Group or Administrator may terminate this Agreement by written notice to the other.

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

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