Suspension of Obligation. During a Force Majeure event, and except as otherwise provided in this Settlement, a Party shall be relieved of any specific obligation directly precluded by the event, as well as those other obligations performance of which is materially impaired, but only for the duration of such event. The non-performing Party bears the burden of proving by a preponderance of the evidence the existence of Force Majeure, including the absence of negligence and fault.
Suspension of Obligation. Where a Party is unable, wholly or in part, by reason of a Force Majeure Event, to carry out any obligation under this Agreement (other than an obligation to pay money), and that Party:
Suspension of Obligation. If a party is unable, as a result of a Force Majeure Event, to wholly or in part perform any obligation under this Agreement, that party must give notice to the other party of that Force Majeure Event outlining reasonably full particulars of the Force Majeure Event, in which case the obligation is suspended for the duration of the Force Majeure Event.
Suspension of Obligation. If 2146281 Ontario is prevented by Force Majeure from timely performance of any of its obligations under this Agreement (other than the payment of any of the Purchase Payments), such failure shall be excused and the period for performance and the Purchase Period shall be extended for an additional period of time equal to the duration of such Force Majeure. Upon the occurrence and upon the termination of a Force Majeure, 2146281 Ontario shall promptly notify Owner in writing. 2146281 Ontario shall use reasonable efforts to remedy any Force Majeure, but shall not hereunder be obligated to contest the validity of any law or regulation, nor any action or inaction of any civil or military authority.
Suspension of Obligation. If Xxxxxxxx is prevented by Force Majeure from timely performance of any of its obligations under this Agreement (other than the payment of any of the Purchase Payments), such failure shall be excused and the period for performance and the Purchase Period shall be extended for an additional period of time equal to the duration of such Force Majeure. Upon the occurrence and upon the termination of a Force Majeure, Xxxxxxxx shall promptly notify Owner in writing. Xxxxxxxx shall use reasonable efforts to remedy any Force Majeure, but shall not hereunder be obligated to contest the validity of any law or regulation, nor any action or inaction of any civil or military authority.
Suspension of Obligation. If either party hereto is rendered unable, wholly or in part, by Force Majeure to carry out its obligations under this Agreement, other than to make payments on obligations due hereunder, it is agreed that upon such party giving notice and full particulars of such Force Majeure to the other party as soon as possible after the occurrence of the cause relied on, the obligations of the party(ies), only insofar as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused, but for no longer period. Such cause shall, as far as possible, be remedied with all reasonable dispatch, except that settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty.
Suspension of Obligation a. Any failure or delay on the part of any party in the performance of its obligation or duties hereunder shall be excused to the extent attributable to Force Majeure as defined in the Act: Provided, That the suspension of Mining Operations due to Force Majeure causes shall be subject to approval by the Director.
Suspension of Obligation. If either BUYER or SELLER fails, or it delayed wholly or in part, in carrying out any of its obligations under this Agreement due to Force Majeure, except as otherwise expressly provided herein, the obligations of the entity giving such notice shall be suspended to the extent made necessary during the continuance of such Force Majeure or its effects; and the entity shall incur no liability by reason of its failure to perform the obligations so suspended, provided that the disabling effects of such Force Majeure shall be eliminated by the affected entity as soon as to the extent reasonably possible, further provided that settlement of labor disturbances shall be within the sole discretion of the affected party. Any deficiencies in the supply or purchase of Coal hereunder, excused by Force Majeure are to be made up only following mutual agreement.
Suspension of Obligation. If a delay or failure of a Party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that Party's obligations will be suspended.
Suspension of Obligation. If Sage is prevented by Force Majeure from timely performance of any of its obligations under this Agreement (including the payment of any of the Option Payments), such failure shall be excused and the period for performance and the Option Period shall be extended for an additional period of time equal to the duration of such Force Majeure. Upon the occurrence and upon the termination of a Force Majeure, Sage shall promptly notify Owner in writing; Sage shall use reasonable efforts to remedy any Force Majeure, but shall not hereunder be obligated to contest the validity of any law or regulation, nor any action or inaction of any civil or military authority.
