Effect on Performance Sample Clauses

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Effect on Performance. Neither Party will be liable for any failure to fulfill any term or condition of this Agreement, nor will such failure constitute a breach of or default under this Agreement, if fulfillment has been delayed, hindered or prevented by an event of force majeure, including, without limitation, any war, riot, strike, lock-out or other industrial dispute, acts of the elements, acts of any government or agency hereof (including the enactment of any new laws, rules or regulations), sabotage or industrial accident, plant breakdown or failure of equipment, inability to obtain equipment, fuel, power, materials or transportation, or by any similar circumstances beyond its reasonable control.
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Effect on Performance. This agreement is a basic agreement with no legally binding force, concluded in order for the Company to give consideration to inheriting the relevant business. At this point, there has been no decision to inherit the relevant business.
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Effect on Performance. Neither Party shall be liable in any manner for any delays or failures in its performance under this Agreement to the extent such failures or delays are caused by conditions, acts, or events of Force Majeure. Except as otherwise expressly provided for in this Agreement, the existence of an event of Force Majeure shall not relieve the Parties of their obligations under this Agreement to the extent that performance of such obligations is not affected by the event of Force Majeure.
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Effect on Performance. In the event Vendor believes that such change in terms required due to a changed funding source will have a material effect on Vendor’s performance of its obligations under the Agreement and will cause Vendor substantial economic hardship, the Vendor may notify the PBC, if at all, within thirty (30) days of the date of the PBC’s notice of such change, and request the PBC to review the Agreement. Upon such request, if the Director of Procurement in his or her sole discretion agrees that Vendor will suffer substantial economic hardship, the PBC may elect to (i) change the funding source or otherwise modify or exempt Vendor from the application of the requirement at issue (if possible), (ii) provide equitable adjustment in the Agreement for only the effect of the changes due to the changed funding source, or (iii) terminate the Agreement.
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Effect on Performance. The Arbitrator shall have authority to extend Delivery Dates or Acceptance Dates only to the extent that matters are in dispute that adversely impact any party's ability to deliver or accept the relevant Release. Both parties shall be obligated to continue to perform unless and until the Arbitrator rules that they are not obligated to do so. Failure to perform without such a ruling by the Arbitrator shall be at the risk of the non-performing party. If the Arbitrator recognizes or permits a delay caused by escalation or arbitration which affects the development process, the Release Delivery Dates shall be extended for the period of such delay. If the Arbitrator recognizes or permits such a delay which affects Acceptance Testing, the Partnership shall segregate the disputed issue and continue with all other Acceptance Testing, including Regression Testing, to the extent practicable. If such segregation is not practicable, the Arbitrator shall determine the amount of necessary delay in the Acceptance Dates set forth in Paragraph 13(a). The parties mutually agree that any such delay should be kept to a minimum.
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Effect on Performance. In the event Tenant shall be delayed, hindered, or prevented from the performance of any act required under this Lease, by reason of war, civil commotion, acts of God, governmental restrictions, or any other causes beyond its reasonable control, the performance of such act shall be excused for the period of delay, and the period for the performance of any such act shall be extended for the period necessary to complete performance after the end of the period of such delay. The party claiming such delay shall advise the other party in writing as soon as the cause for the delay is reasonably known to it, and such notice shall estimate the period of the delay.
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Effect on Performance. Unless directed otherwise in writing, Contractor shall not cease or delay performance of its obligations under this Agreement during the existence of any dispute or the pendency of any proceeding to resolve it, and Owner shall pay to Contractor all amounts owing and not subject to dispute or offset.
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Related to Effect on Performance

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment D, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions). CONTRACT NO. HHS001324500038

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.