Excusable Non-Performance. A party shall not be liable for failure to perform any part of this Agreement, except for the payment of money (which obligation is not affected by this Section 13), to the extent and duration that such failure to perform is on account of Acts of God or any government, fire, strike, labor dispute, accident, war, insurrection, embargoes, delays of carriers or suppliers, or for any other causes beyond such party’s reasonable control or without its fault (“Force Majeure”). In the case of any delay or failure that either party anticipates will cause an excusable delay hereunder, such party will, within ten (10) days of becoming aware of such delay or failure, give the other party written notice thereof, including a description of the steps (if any) such party is taking to alleviate the underlying issue.
Excusable Non-Performance. Neither we nor you will be liable for loss or damage or deemed to be in breach of this Agreement if the failure to perform obligations results from transportation shortages; inadequate supplies of equipment, merchandise, supplies, labor, material or energy or the voluntary suspension of the right to acquire or use any of those items in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any governmental department or agency; compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any governmental department or agency; acts of God; fires, strikes, embargoes, war or riot; or any other similar event or cause beyond the reasonable control of the party. Any delay resulting from any of those causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.
Excusable Non-Performance. Neither party shall be liable for delays in the performance of its obligations caused by the following conditions of "Force Majeure," namely, acts of God or the public enemy, including an embargo, war, fire, hurricane, flood, earthquake, terrorist attack, epidemic or other calamity, or other cause beyond the reasonable control of the affected party; provided, however, that it is understood between the parties that normal weather conditions, or inability to procure labor or materials for any reason other than Force Majeure shall not constitute an excuse for failure to perform the Services within the time for performance required by this Contract. Any party wishing to claim Force Majeure as an excuse for non- performance or failure of timely performance must promptly notify the other party in writing of (i) the nature of the Force Majeure being claimed, (ii) its best estimate of the number of days of delay expected to result therefrom, (iii) the steps it proposes to take to reduce to the minimum the number of days of delay, and (iv) the date on which the Force Majeure claimed as an excuse for non- performance terminates. The sole remedy for any permitted delays resulting from Force Majeure shall be an extension of the period of time for performance of those obligations affected by the Force Majeure occurrence for the minimum time period necessary to overcome the effect of such Force Majeure, provided, however, that if a claimed Force Majeure event exceeds or is expected to exceed more than 30 total days the parties agree to meet to decide the next course of action, which may include termination. If a claimed Force Majeure event lasts 90 total days, either party may cancel the agreement, except with respect to any Material already in inventory or on non- cancellable order with the supplier at that time.
Excusable Non-Performance. A delay or failure by either party to perform its obligations under the Contract will be excused, and will not constitute a Default, only if (1) caused by an event or occurrence beyond the reasonable control of that party and without its fault or negligence, including a labor dispute, and (2) the party unable to perform gives notice of the non-performance (including its anticipated duration) to the other party promptly after becoming aware that it has occurred or is reasonably likely to occur, followed by prompt notices of any material changes in the facts relative to its ability to perform and/or the anticipated duration of the non-performance. Seller and Purchaser shall share information, confer, seek agreement and otherwise act cooperatively to avoid or mitigate the effects of the potential or actual excused non-performance. If Seller is unable to perform for any reason, Purchaser may purchase Products and Services from other sources and reduce its purchases from Seller accordingly without liability to Seller. Within three business days after written request by the other party, the non-performing party will provide adequate assurances that the non-performance will not exceed 30 days. If the non-performing party does not provide those assurances, or if the non- performance exceeds 30 days, the other party may terminate the Contract by notice given to the non- performing party before performance resumes. If Seller reasonably incurs extraordinary costs in order to maintain or restore supply in response to an inability to perform (or what would be an inability to perform except for those extraordinary costs), the cost shall be allocated between the parties in an equitable manner.
Excusable Non-Performance. Neither Party shall be responsible hereunder for any delay, default or Received by NSD/FARA Registration Unit 06/25/2018 9:00:55 AM Received by NSD/FARA Registration Unit 06/25/2018 9:00:55 AM non-performance of this Agreement to the extent that such delay, default or non-performance shall be occasioned by acts of God, labor strikes, civil commotion, criminal acts of third persons, acts or omissions of sovereign states, fire, unavoidable accidents, seriously adverse weather conditions, war (whether declared or undeclared) or any other cause (whether or not of the same class or kind as those specifically mentioned herein) that is hot within the control of the Party charged with default or non-performance and unavoidable by the exercise of reasonable diligence.
Excusable Non-Performance. Any delay or failure of either party to perform its obligations, other than for delay in payment of money due and payable hereunder, shall be excused only if, and to the extent that, it is caused by an extraordinary event or occurrence beyond the reasonable control of the party and without its fault or negligence, including but not limited to, acts of God, actions by any governmental or regulatory authority (whether valid or invalid), fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, labor problems (including lockouts, strikes and slowdowns), inability to obtain power, material, labor equipment or transportation, or court injunction or order; provided that written notice of such delay (including the anticipated duration of the delay with full details following the occurrence of the cause relied upon) shall be given by the affected party to the other party as soon as possible after the event or occurrence (but in no event more than ten (10) days thereafter). During the period of such delay or failure to perform by Seller, Buyer, at its option, may purchase Products and Services from other sources and reduce its schedules to Seller by such quantities, without liability to Seller or have Seller provide the Products and Services from other sources in quantities and at times requested by Buyer, and at the price set forth in this Contract. In addition, Seller at its expense shall take such actions as are necessary to ensure the supply of goods to Buyer for a period of at least thirty
Excusable Non-Performance. A Party shall not be considered or adjudged to be in violation of this Agreement when the violation is due to circumstances beyond its control, including but not limited to act(s) of God, civil disturbances, and theft or appropriation of the privileged information or contract(s) without the intervention or assistance of one or more of the Parties.
Excusable Non-Performance. If a Force Majeure Event renders either Party wholly or partially unable to perform its obligations under the Contract (other than payment obligations), the affected Party shall be excused from its performance but only to the extent that such performance is impaired by the Force Majeure Event and provided only that the affected Party (i) promptly gives notice to the unaffected Party stating the nature of the Force Majeure Event, its anticipated duration, and any action being taken to avoid or minimize its effect and (ii) uses its reasonable commercial efforts to remedy its inability to perform. The excusal of performance shall be of no greater scope than the nature of the Force Majeure Event requires and for only so long as the Force Majeure Event continues. No obligations of either Party which arose before the occurrence of the Force Majeure Event and which could and should have been fully performed before the Force Majeure Event shall be excused under this Section as a result of it. The burden of proof shall be on the Party asserting excusal from performance due to a Force Majeure Event.
Excusable Non-Performance. 30 15.7 Injunctive Relief ................................................... 31 15.8 Rights of Parties Are Cumulative .................................... 31 15.9 Costs and Attorneys' Fees ........................................... 31 15.10 Arbitration ........................................................ 31
Excusable Non-Performance. In the event of a natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than the City, or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of the City to deliver reclaimed water, or the ability of User to accept, transmit or distribute reclaimed water, the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of the City's sewage system and its water reclamation facilities shall be solely within the discretion of the City; and in the event the City discontinues the reclamation plant operation, all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either.
