Force Majeure and Other Relief Events Sample Clauses

Force Majeure and Other Relief Events. Relief Events [MANDATORY] Subject to Clauses (c) and (d), the Subcontractor shall not be in breach of this Agreement to the extent that the breach is a result of a Relief Event. In this Agreement, Relief Event means a failure of the Contractor to carry out a Dependency in accordance with this Agreement. The Subcontractor shall not be entitled to claim that a breach is a result of a Relief Event pursuant to Clause (a) unless it: as soon as practicable, and in any event within 15 Business Days after it becomes aware that the Relief Event has caused or is likely to cause delay, a breach of an obligation under this Agreement and/or the Subcontractor to incur costs, gives to the Contractor a notice in writing of its claim for an extension of time or relief from its obligations under this Agreement; within 10 Business Days after receipt by the Contractor of the notice referred to in Clause 55.(i) gives full details of the Relief Event and relief claimed; and demonstrates to the reasonable satisfaction of the Contractor the extent that: the Relief Event was the cause of the cost incurred and/or the Subcontractor's failure to comply with its obligations under this Agreement; and the cost incurred and/or relief from the obligations under this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Subcontractor acting in accordance with Good Industry Practice. Following service of a notice by the Subcontractor pursuant to Clause (c), the Subcontractor shall promptly supply to the Contractor all further information relating to the claim which: is received by the Subcontractor; or is reasonably requested by the Contractor. If the Subcontractor has complied with its obligations under Clauses 55.1(c) and (d), the Contractor shall give the Subcontractor relief from its obligations under this Agreement which is reasonable for the relevant Relief Event. If information is provided after the dates referred to in Clause above, the Contractor shall not be entitled to any extension of time, compensation or relief from its obligations under this Agreement in respect of the period for which the information is delayed. If the parties cannot agree the extent of any delay incurred, relief from the Subcontractor's obligations under this Agreement, or the Contractor disagrees that a Relief Event has occurred (or as to its consequences), or that the Subcontractor is entitled to any relief under this Clause 55.1, the parties shall resolve the matter in a...
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Force Majeure and Other Relief Events 
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Related to Force Majeure and Other Relief Events

  • Force Majeure and Internet Frailties Other than for payment obligations by you, neither party will be liable for a delay or failure to perform an obligation to the extent that the delay or failure is caused by an occurrence beyond the party's reasonable control. Each party acknowledges that the operation of the Internet is beyond the other party’s reasonable control, and neither party will be liable for a delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:

  • FORCE MAJEURE; OTHER CHANGES IN CONDITIONS 19.1 In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the affected Party shall give notice and full particulars in writing to the other Party, of such occurrence or cause if the affected Party is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. The affected Party shall also notify the other Party of any other changes in condition or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. Not more than fifteen (15) days following the provision of such notice of force majeure or other changes in condition or occurrence, the affected Party shall also submit a statement to the other Party of estimated expenditures that will likely be incurred for the duration of the change in condition or the event of force majeure. On receipt of the notice or notices required hereunder, the Party not affected by the occurrence of a cause constituting force majeure shall take such action as it reasonably considers to be appropriate or necessary in the circumstances, including the granting to the affected Party of a reasonable extension of time in which to perform any obligations under the Contract.

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11:

  • Force Majeure Notices and Reports 37 17.5.1 Force Majeure Notice 37 17.5.2 Force Majeure Report 37 17.5.3 Other information 38 17.6 Mitigation 38 17.7 Duration of relief for force majeure 38 17.8 Availability of Performance Order 38 18 MISCELLANEOUS 39 18.1 Non waiver 39 18.1.1 No waiver 39 18.1.2 Failure or delay in exercising a right or remedy 39 18.2 Variations 39

  • FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

  • Force Majeure Failure Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

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