Conditions of Force Majeure Clause Samples

Conditions of Force Majeure. Neither party shall be liable to the other party for any loss, cost or damage for delay or non-performance of any of its obligations hereunder resulting from any requirement or intervention of civil, naval or military authorities or other agencies of the government, or by reason of any other causes whatsoever not reasonably within the control of such party, including, but not limited to, acts of God, war, riot, insurrection, civil violence or disobedience, blockages, embargoes, sabotage, epidemics, fire, strikes, lock-outs or other industrial or labor disturbances, lightning, hurricanes, other severe weather disturbances, explosions, failure of the public financial or public payment system(s), or delay of any broadband, data or similar essential carriers.
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Conditions of Force Majeure. Except for payment of moneys due or requirements of payment of moneys for acquisition of materials and services necessary to meet a Party's commitments hereunder, neither Party shall be liable for delays in delivery or performance or for failure to manufacture, deliver or perform resulting from acts beyond the reasonable control of the Party responsible for performance. Such acts shall include, but not be limited to (i) acts of God, acts of a public enemy, acts or failures to act by the second Party (other than due to a breach of the first Party), acts of civil or military authority, acts of any person engaged in subversive activity or sabotage, governmental priorities, strikes or other labor disturbances, hurricanes, tornadoes, earthquakes, fires, floods, explosions, epidemics, embargoes, war, riots, and loss or damage to goods in transit; or (ii) inability to obtain necessary products, components, services or facilities on account of causes beyond the reasonable control of the delayed Party or its suppliers. In the event of any such delay, the date(s) of delivery or performance shall be extended for as many days are reasonably required due to the delay, but no longer than forty-five (45) days without Crown's written consent. After forty-five (45) days, Crown shall be entitled to obtain Products and/or Ancillary Products covered by the affected Purchase Order elsewhere for the term of such failure, and to reduce, pro tanto the quantity or amount of products ordered from Metawave under the Purchase Order. Upon the occurrence of an event of Force Majeure, the Party affected by such event shall notify the other Party in writing within ten (10) days, and if such delay continues for sixty (60) days following such notice, either Party may terminate the Purchase Order affected by the event by providing notice.
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Related to Conditions of Force Majeure

  • Events of Force Majeure Neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under, or in breach of any provision of, this Agreement for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event Medistem or Licensee, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

  • Effect of Force Majeure If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

  • Effect of Force Majeure Event If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’): (a) the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and (b) the affected party must use its best endeavours to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.