CASE OF ABSOLUTE NECESSITY Sample Clauses

The "Case of Absolute Necessity" clause defines the circumstances under which a party may be excused from fulfilling its contractual obligations due to extreme, unavoidable events. Typically, this clause applies in situations such as natural disasters, war, or other emergencies that make performance impossible or illegal. Its core function is to protect parties from liability when unforeseen, extraordinary events prevent them from carrying out their contractual duties, thereby allocating risk and ensuring fairness in exceptional situations.
CASE OF ABSOLUTE NECESSITY. Except for payment obligations, none of the Parties may be held liable for a breach of its obligations under the Contract, if such breach results from a case of force majeure as defined in Article 1218 of the Civil Code and interpreted by French courts, including in particular in the event of a government decision such as withdrawal or suspension of authorizations of any kind, a total or partial strike, whether internal or external to the French Republic. The Party recording the event of force majeure shall, without delay and by any means, inform the other Party of its inability to fulfil its obligations. The event of force majeure suspends the performance of the obligations. In the event of force majeure of a consecutive duration exceeding thirty (30) days, each Party is free to terminate the Contract by operation of law from the date of notification of termination.
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Related to CASE OF ABSOLUTE NECESSITY

  • Conditions to Receipt of Severance No Duty to Mitigate (a) Separation Agreement and Release of Claims. Executive will not receive severance pay or benefits other than the Accrued Obligations unless (x) Executive signs and does not revoke a separation agreement and release of claims in the form attached as Exhibit A, but with any appropriate reasonable modifications, reflecting changes in applicable law, as is necessary to provide the Company with the protection it would have if the Release was executed as of the date of this Agreement (the “Release”) and (y) such Release becomes effective and irrevocable no later than sixty (60) days following the termination date (such deadline, the “Release Deadline”). If the Release does not become effective and irrevocable by the Release Deadline, Executive will forfeit any rights to severance or benefits under this Agreement. All payments will be made upon the effectiveness of the Release but will be delayed until a subsequent calendar year if necessary so their timing does not result in penalty taxation under Section 409A. Severance payments or benefits will not be paid or provided until the Release becomes effective and irrevocable. For avoidance of doubt, although Executive’s severance payments and benefits are contractual rights, not “damages,” Executive is not required to seek other employment or otherwise “mitigate damages” as a condition of receiving such payments and benefits. (b) If any amount or benefit that would constitute non-exempt “deferred compensation” under Internal Revenue Code (“Code”) Section 409A would be payable under this Agreement by reason of Executive’s “separation from service” during a period in which Executive is a “specified employee” (within the meaning of Code Section 409A as determined by the Company), then any payment or benefits will be delayed until the earliest date on which they could be paid or distributed without being subject to penalty taxation under Code Section 409A. (c) Each payment and benefit payable under this Agreement is intended to constitute a separate payment under Treasury Regulations Section 1.409A-2(b)(2).

  • Conditions to Receipt of Severance Executive’s receipt of the severance benefits set forth in this Section 6 is conditioned upon: (i) Executive continuing to comply with Executive’s obligations under Executive’s CIIAA; and (ii) Executive delivering to the Company an effective, general release of claims in the form attached hereto as Exhibit B (the “Release”) within the applicable time period set forth therein.

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  • CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a “first priority” basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all goods or services required during an emergency situation. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency.

  • WAIVER IN CASE OF EMERGENCY In cases of emergency declared by the President of the United States, the Governor of the state of Ohio, the ▇▇▇▇▇▇▇▇▇▇ County Sheriff, the City Manager of ▇▇▇▇▇ Heights, or any other authorized governmental official, for acts of God or civil disorder, the following conditions of this Agreement may be temporarily suspended by the Employer A. Time limits for the processing of grievances; and B. Selected work rules and/or agreements and practices relating to the assignment of employees.