VIS MAJOR Sample Clauses
The VIS MAJOR clause, also known as a force majeure clause, defines circumstances under which parties are excused from fulfilling contractual obligations due to extraordinary events beyond their control. Typically, this clause applies to events such as natural disasters, war, or government actions that make performance impossible or impracticable. Its core practical function is to allocate risk and provide relief from liability when unforeseen, uncontrollable events prevent one or both parties from meeting their contractual commitments.
POPULAR SAMPLE Copied 44 times
VIS MAJOR. 41.1 No party shall be liable for any failure to fulfil its duties and obligations in terms of this contract where such failure is caused by any event, occurrence, circumstance or condition beyond the reasonable control of such party (including, but not limited to casus fortuitus, landslides, lightning, earthquakes, tornados, floods, other acts of God, acts of military or third–party civil authorities or public enemies, war blockade, sabotage, fire, explosion, bombing, insurrection, riot or civil disobedience), the occurrence of which could not have been reasonably foreseen and which, despite the exercise of diligent efforts could not have been prevented, limited or minimised, that affects the powers, rights, duties or obligations of the parties under this contract. It is specifically recorded that failure by the Department to effectively manage water resources constitutes an event, occurrence, circumstance or condition for purposes of this clause.
41.2 The party affected by an event, occurrence, circumstance or condition referred to in clause 41.1 shall promptly notify the other party in writing of the event, occurrence, circumstance or condition and the estimated extent and or duration of such party’s inability to perform its duties and obligations.
41.3 Upon the cessation of the event, occurrence, circumstance or condition referred to in clause 41.1 the party affected thereby shall notify the other party of such cessation.
41.4 If, as a result of the event, occurrence, circumstance or condition referred to in clause 41.1, the performance of a party’s duties and obligations is only partially affected, such party shall remain liable for the performance of those duties and obligations not affected by the event, occurrence, circumstance or condition; provided that nothing in this clause shall preclude the operation of the emergency procedure provided for in clause 13. 37
41.5 If an event, occurrence, circumstance or condition referred to in clause 41.1 causes material and unavoidable physical damage or destruction to all or any of the parties infrastructure or materially delays or prevents the performance of any duties and obligations in terms of this contract, or interrupts services and continues for more than 90(ninety) consecutive days after any notification thereof the affected party may initiate the termination of the contract in accordance with clause 43. C M Y CM MY CY CMY K
VIS MAJOR. 21.5.1 Failure to comply with any of the terms and conditions of the Agreement if occasioned by or resulting from an act of nature or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, as well as shortages, interruptions, fluctuations or the unavailability of electrical power, water supply or means of communication or any circumstances of like or different nature beyond the reasonable control of the Party so failing ("vis major"), will not be deemed to be a breach of the Agreement, nor will it subject either Party to any liability to the other.
21.5.2 Should a Party’s performance of an obligation become temporarily impossible owing to
21.5.2.1 as soon as reasonably possible after the vis major sets in notify the other Party in writing of the incidence of vis major;
21.5.2.2 be released from performance of the affected obligation for so long as the
21.5.2.3 use its best endeavours to recommence performance of the affected obligation, to whatever extent reasonably possible, without delay; and
21.5.2.4 co-operate with the other Party in implementing such contingency measures as the other Party may reasonably require.
21.5.3 Should the circumstances of vis major continue for longer than 30 (thirty) days, either Party shall be entitled to terminate the relevant PO, or if appropriate the Agreement, with immediate effect by written notice.
VIS MAJOR. 11.1. If a Party is prevented in whole or in part from carrying out its obligations under this Agreement (other than an obligation to pay monies which are due and payable) as a result of vis major, it will promptly notify the other Party accordingly. The notice must: -
11.1.1. specify the obligations it cannot perform;
11.1.2. fully describe the event of vis major;
11.1.3. estimate the time during which the vis major will continue; and
11.1.4. specify the measures proposed to be adopted to remedy or xxxxx the vis major.
11.2. Following this notice, and while the vis major continues, the obligations which cannot be performed (other than an obligation to pay monies which are due and payable) because of the vis major will, subject to clause 11.6 below, be suspended.
11.3. The Party that is prevented from carrying out its obligations under this Agreement as a result of vis major will remedy the vis major to the extent reasonably practicable and resume performance of its obligations as soon as is reasonably possible.
11.4. The Party that is prevented from carrying out its obligations under this Agreement as a result of vis major will take all reasonable and practicable action to mitigate any loss suffered by a Party as a result of its failure to carry out its obligations under this Agreement.
11.5. The Parties are not required under clause 11.3 or 11.4 to settle any labour dispute against its will or to test the validity or refrain from testing the validity of any law, order, rule or regulation.
11.6. If a Party is prevented from carrying out its obligations under this Agreement as a result of vis major for a period of 12 (twelve) months the other Party may terminate this Agreement in respect of that Party by giving 60 (sixty) days’ notice to the Party claiming vis major without prejudice to any of the rights of either Party accrued before the date of termination as well as the rights and obligations towards the other Parties which are not affected by the subsistence of the vis major.
11.7. For the purposes of this Agreement vis major relates to any act, event or circumstance or any combination of acts, events or circumstances, which:-
a) is beyond the reasonable control of the affected Party; and
b) is without fault or negligence on the part of the affected Party or its contractors and is not the result of a breach by the affected Party of any of its obligations under this Agreement or applicable law; and
c) was not foreseeable, or if foreseeable, could not ha...
VIS MAJOR. 21.7.1 Failure to comply with any of the terms and conditions of the Agreement if occasioned by or resulting from an act of nature or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, as well as shortages, interruptions, fluctuations or the unavailability of electrical power, water supply or means of communication or any circumstances of like or different nature beyond the reasonable control of the party so failing ("vis major"), will not be deemed to be a breach of the Agreement, nor will it subject either party to any liability to the other.
21.7.2 Should a party’s performance of an obligation become temporarily impossible owing to vis major, that party shall:
21.7.2.1 as soon as reasonably possible after the vis major sets in notify the other party in writing of the incidence of vis major;
21.7.2.2 be released from performance of the affected obligation for so long as the vis major prevails;
21.7.2.3 use its best endeavours to recommence performance of the affected obligation, to whatever extent reasonably possible, without delay; and
21.7.2.4 co-operate with the other party in implementing such contingency measures as the other party may reasonably require.
21.7.3 Should the circumstances of vis major continue for longer than 30 (thirty) days, the party not relying on vis major shall be entitled to terminate the relevant PO, or if appropriate the Agreement, with immediate effect by written notice.
VIS MAJOR. 8.1 Notwithstanding anything to the contrary, the Carrier shall not be liable in any way whatsoever in the event of it not being prevented from fulfilling its obligations in terms of the contract by any act of God, vis major, casus fortuitous, damnum fatale, and inherent defect vice or weakness or some action of the Goods themselves, civil riot or commotion, labour unrest amongst the Xxxxxxx’s employees, inevitable accident, in act of State, enemies or any inevitable superior force or any other cause beyond the control of the Carrier.
VIS MAJOR. 14.1 A Seller shall not be liable for any delay in delivery due to any cause beyond its direct control, including but not limited to any of the following: strikes, lock-outs or other industrial action; sabotage, terrorism, civil commotion, riot, invasion, threat of or preparation for war; fire, explosion, storm, flood, subsidence, unfavorable weather conditions, epidemic or any natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority; any inability on its part to obtain or receive any imported items from any supplier due to any failure on the part of such supplier to deliver the items in question as a result of the action of its own government or any other boycott or sanction or embargo which it chooses to observe and which is directed at the government of South Africa or any national or anyone connected with South Africa, or for any other similar reason (“Force Majeure”).
14.2 Upon the occurrence of any delay or failure occasioned by a Force Majeure, the provisions of the aspect of this Agreement which is affected shall be suspended for as long as the cause in question continues to operate. Once the Force Majeure no longer applies, the Seller wi l l resume performance of its obligations as soon as its planning permits, provided that if that cause has not ceased within 3 calendar months from when it arose, this Agreement in relation to that Seller may be terminated by either Party.
14.3 The Parties are not entitled to compensation for the damages suffered or to be suffered as a result of the Force Majeure, suspension or termination.
VIS MAJOR. VIS MAJOR means in relation to the partnership any circumstances beyond the control of the Partnership including but without limitations of God, explosions, food, tempest, fire or accident or sabotage, insurrection civil disturbance, sickness, quarantine, pandemics, Government intervention, weather condition or other unforeseen occurrences. Xxxx’s Student Hostel shall not be deemed to be in breach of this terms and conditions or otherwise be liable to you by reason of delay of any of its obligations hereunder to the extent that any such delay or non-performance is due to a VIS MAJOR. if, Xxxx’s Student Hostel is affected by VIS MAJOR which make it impossible to perform in Terms of this agreement it shall be entitled to and may in its sole and absolute discretion vary or cancel any agreements. Payments of any refunds as a result of non-performance of any, Xxxx’s Student Hostel obligations hereunder shall remain in its sole discretion.
VIS MAJOR. 7.1 The inability of either party to perform any of their respective obligations in this agreement shall not constitute a breach of this agreement, where such inability to perform is caused by:
7.1.1 Acts of God;
7.1.2 rained out venues;
7.1.3 riots;
7.1.4 civil insurrection;
7.1.5 acts of a public enemy;
7.1.6 accidents;
7.1.7 acts of a civil or military authority;
7.1.8 floods;
7.1.9 earthquakes;
7.1.10 winds; and/or
7.1.11 any other incident beyond the reasonable control of either party.
7.2 Any party incapable of performing as contemplated in clause 7.1 shall immediately notify the other party of the reason or reasons and cause for its inability to perform, and shall submit an estimated duration of such inability to perform.
7.3 Any party incapable of performing as contemplated in clause 7.1, shall at no cost to the other party:
7.3.1 exercise due diligence to shorten the duration and to avoid the cause of the inability to perform; and
7.3.2 inform the other party of all steps taken to enable performance under this agreement.
VIS MAJOR. If Caradar is prevented or restricted in any way from carrying out all or any of its obligations under this Contract by reason of vis major (an event or circumstance beyond the control of the Parties, such as a war, strike, riot, crime, or an “act of God” such as flooding or an earthquake which prevents one or both Parties from performing their obligations under the Contract), then Caradar shall be relieved of its obligations to provide Service during such period of vis major, and Caradar shall not be liable for any loss, damage, action or claim which may be brought by the Subscriber or by any other party in consequence of such delay or inability to perform.
VIS MAJOR. 21.1. If any event or combination of events adversely affecting the ability of either party to perform its obligations under this agreement arises from, or is attributable to, acts, events, omissions or accidents beyond the reasonable control of the party whose ability is so affected, negligence excluded, for a period of at least 20 (twenty) consecutive working days, then the provisions of clause 20.3 shall apply at the election of the party whose ability is adversely affected. Any such event shall include, without derogating from the generality of the foregoing:
21.1.1. Strikes, lock-outs and other industrial action taken by the employees of a party or of any third party, whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees or third party responsible for such action;
21.1.2. Civil commotion, embargo, governmental legislation or regulation, riot, invasion, war, the threat of or preparation for war;
21.1.3. Fire explosion, storm, flood, earthquake, subsidence, epidemic or other natural physical disaster.
21.2. If either party is prevented or delayed in the performance of any of its obligations under this agreement as a result of an event of the nature referred to in Clause 20.1, it shall forthwith notify the other party of the same, fully detailing the background to, and all relevant matters connected with, such event together with such evidence thereof as it may reasonably be able to give and, specifying the period for which such prevention or delay can reasonably be expected to continue. If a party shall have complied with its obligations under this clause, he shall be relieved from the performance of his obligations under this agreement from the date of such notice until such event no longer exists to the extent that his performance is adversely affected by such event provided, however, that during this period a party shall be entitled to terminate this agreement forthwith upon notice given in terms of clause 19.1 above to such effect;
21.3. Upon a termination of this agreement in terms of clause 20.1 or 20.2:-
21.3.1. ASLA shall, unless otherwise agreed in writing with HESSEQUA, hand over to HESSEQUA the project which are then in his possession or under his control; and
21.3.2. The compensation payable to ASLA for work completed shall be calculated pro-rata for each sub-category of the progress payment claims laid down by the DoHS.