FORCE MAJEURE AND OTHER CIRCUMSTANCES. The Company shall be entitled without liability on its part and without prejudice to its other rights, to terminate the contract or any unfulfilled part thereof, or at its option to suspend or make partial deliveries or extend the time or times for delivery, if the manufacture of the goods by the Company or the Company’s suppliers, or the delivery of the goods or the performance by the Company of any of its obligations under the contract is hindered or delayed whether directly or indirectly by reason of the Purchaser failing to furnish necessary instructions or information, or by war or other hostilities, civil commotion, act of God, government action or legislation, interruption of transport, strike, lock-out or other form of industrial action (including, without limitation, labour disputes with the Company’s or any sub-contractor’s employees), accidents or stoppages to works, shortage of labour, materials, equipment, fuel or power, breakdown of machinery or any other cause whatsoever beyond the reasonable control of the Company or its subcontractors, whether or not such cause exists at the date of the order.
FORCE MAJEURE AND OTHER CIRCUMSTANCES. 1. Shortcomings of the seller in the fulfillment of the agreement are not attributable to the seller if they are not imputable to its fault, neither under the law, the agreement with the purchaser or generally accepted standards for its account ('force majeure').
FORCE MAJEURE AND OTHER CIRCUMSTANCES. The Seller shall be entitled without liability on its part and without prejudice to its other rights, to terminate the Contract or any unfulfilled part thereof, or to suspend or make partial deliveries or to extend the dates for delivery, if the proper performance of the Contract by the Seller is hindered or delayed whether directly or indirectly by reason of strikes, lockout, riot, war, act of God, insurrection, civil disturbance, fire, flood, interference by any government authority, or any other cause beyond the reasonable control of the Seller that cannot be reasonably overcome.
FORCE MAJEURE AND OTHER CIRCUMSTANCES. The term "Force Majeure" shall mean any cause not reasonably within the control of the party claiming suspension and which by the exercise of due diligence, such party is unable to prevent or overcome, including but not limited to, any act or cause which is deemed a Force Majeure by the EDC or any transportation or transmitting entity. If either party is unable, wholly or in part, by Force Majeure to perform or comply with any obligations or conditions of this Agreement, they shall give immediate notice to the maximum extent practicable in writing and provide particulars to the other party. Such obligations or conditions, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused, and such party shall be relieved of liability and shall suffer no prejudice for failure to perform the same during the period. The party claiming suspension of obligations must in good faith attempt to mitigate and/or terminate the Force Majeure. If at some future date there is a change in any law, rule, regulation or pricing structure whereby PAG&E is prevented, prohibited or frustrated from carrying out its intent under, or the terms of, the transactions contemplated by this Agreement, then, at the sole discretion of PAG&E, this Agreement may be cancelled by PAG&E.
