EXCUSING CAUSES Clause Samples
POPULAR SAMPLE Copied 2 times
EXCUSING CAUSES. 3.1 If Chess has failed to achieve a Service Level, or other obligation within this Agreement, then to the extent such failure is as a result of any of the matters, circumstances or issues listed in Part 2 of Schedule 2 (Agreed Parameters and Exclusions), the Customer shall not be entitled to the corresponding Service Credits or any other remedy.
1.1 If the Customer wishes to amend the Supported Equipment List, it shall submit a request to Chess, indicating the changes to the Supported Equipment List it wishes to make. Without prejudice to the Term or the Minimum Term, in respect of each item of Equipment listed in the Supported Equipment List, the Customer shall be obliged to procure a minimum of 12 months of Maintenance Support Services from Chess. Such 12 month minimum term will commence from the date on which the Customer signs the relevant Order Form or Change Control Note provided by Chess and upon confirmation by Chess that the item of Equipment had been accepted onto the Supported Equipment List. If the Customer wishes to remove such an item of Equipment from the Supported Equipment List (for any reason) during such 12 month minimum term such that the Customer will no longer be entitled to receive Maintenance Support Services in respect of that item, the Customer shall continue to be liable to pay the Charges for that item of Equipment for the remaining period of the Minimum Term.
EXCUSING CAUSES. 20.1 If an Excusing Cause interferes adversely with, or causes or contributes to a failure of, the performance of the Services by the Operator and provided that the effect of such Excusing Cause is claimed within ten (10) Working Days of the date on which the Operator became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then to the extent such failure arises as a result of such Excusing Cause:
20.1.1 such failure by the Operator to perform or interference or occurrence, and any poor performance of, any affected Services shall not constitute a breach of the provisions of this Agreement by the Operator;
20.1.2 such failure by the Operator to perform or interference or occurrence shall be taken account of in measuring the performance of any affected Service in accordance with the Service Requirements, which shall be operated as though performing the relevant Service had been performed free from such adverse interference, so that the Operator shall be relieved from providing the Services pursuant to Clause 4.
20.2 For the purpose of this Clause 20, an Excusing Cause means:
20.2.1 any breach of any express provision of this Agreement by the Council (unless, and to the extent, caused or contributed to by the Operator);
20.2.2 any deliberate act or omission of the Council or any failure by the Council (having regard always to the interactive nature of the activities of the Council and the Operator) to take reasonable steps to carry out its activities in a manner which minimises undue interference with the Operator's performance of the Services, save where (and to the extent):
(a) caused or contributed to by the Operator or any Staff;
(b) the Council is acting in accordance with a recommendation or instruction of the Operator or any Staff;
(c) any such act or omission giving rise to such failure was within the contemplation of the parties or was otherwise provided for in this Agreement; or
(d) the consequences of any such deliberate act or omission or other acts or omissions giving rise to such failure would have been prevented by the proper performance of the Operator's obligations under this Agreement.
EXCUSING CAUSES. 9.1. In the event of an Excusing Cause arising:
9.1.1. HYMAX will notify the Client, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
9.1.2. the time for HYMAX performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and HYMAX may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis;
9.1.3. any milestone affected by the Excusing Cause (hereinafter referred to as "the Affected Milestone"), as well as all other milestones on the affected critical path of the Affected Milestone, if any, shall be extended by a period equal to the period by which the Affected Milestone is de facto impacted as agreed by the Parties in writing, or, failing agreement as determined in terms of the Dispute Resolution Procedure;
9.1.4. if an amount would have been payable to HYMAX by the Client had it not been due to an Excusing Cause, HYMAX shall be entitled to invoice the Client for work actually completed at a milestone date, notwithstanding the fact that a milestone has not been achieved; and
9.1.5. HYMAX shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. In the event of an Excusing Cause arising:
11.1 Seidor One will notify the Customer, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
11.2 the time/service levels for Seidor One performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause. Where a breach by the Customer has resulted in an Excusing Cause, Seidor may charge for any additional hours required to remedy the Excusing Cause on a Time and Materials Basis; and
11.3 Seidor One shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.
EXCUSING CAUSES. This clause 8.2 (Excusing Causes) shall not apply where the Partner fails to deliver the Outcomes set out in clause 6.1 (Services - Objectives and Outcomes).
8.2.1 If an Excusing Cause has a material and adverse effect on the Partner’s ability to comply with its obligations under this Agreement, then to the extent that the Partner’s failure to comply with its obligations arises as a direct result of such Excusing Cause and but for the Excusing Cause the Partner would have complied with its obligations:-
8.2.1.1 such failure by the Partner to perform, and any poor performance of, an affected part of the Services shall not constitute a breach by the Partner of the provisions of this Agreement;
8.2.1.2 such failure shall be disregarded when measuring the performance of any affected part of the Services in accordance with the Price Performance Mechanism, which shall be operated as though the relevant part of the Services has been performed free of such failure;
8.2.1.3 any such failure shall be deemed not to have occurred so that the Partner shall be entitled to payment under the Agreement as if there had been no such failure of the Services and/or the Partner (as the case may be); and
8.2.1.4 any necessary changes to any Transition Plan required as a direct result of an Excusing Cause shall be agreed by the parties in writing (such agreement not to be unreasonably withheld or delayed) as an addendum to the Transition Plan.
8.2.2 The Partner shall use reasonable endeavours to mitigate the effects of the Excusing Cause.
8.2.3 The benefit of this clause 8.2 (Excusing Causes), shall apply only if the Partner shall notify the Council in writing within five (5) Business Days of the later of the date of the occurrence of the Excusing Cause and the date the Partner became aware of (or ought reasonably to have become aware of) the occurrence of the Excusing Cause setting out such details of the Excusing Cause. Failure to do so shall invalidate any claim by the Partner pursuant to this clause 8.2 (Excusing Causes).
8.2.4 Without prejudice to the provisions of clause 38 (Indexation) and subject to clause 8.2.5 (Excusing Causes) below, the Partner shall not be entitled to any payment which would not otherwise have been due under this Agreement but for the provisions referred to in this clause 8.2 (Excusing Causes) to the extent that the Partner is or should be able to recover under any policy of insurance required to be maintained under the provisions referred to in clau...
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes a failure of, the performance of the Project Operations and provided that the effect of such Excusing Cause is claimed within ten
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes a failure of, the performance of the Project Operations and/or causes the occurrence of a Service Failure and provided that the effect of such Excusing Cause is claimed within ten (10) Business Days of the date on which Project Co became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause then (subject to Clauses 8.8 (Insured Exposure) and 8.9 (Mitigation of Existing Cause)) to the extent such failure or interference or occurrence of a Service Failure arises as a result of such Excusing Cause:
EXCUSING CAUSES. If as a direct result of an Excusing Cause the Contractor is unable to comply with its obligations under this Agreement then the Contractor shall be entitled (save where the Excusing Cause has been caused by any act or omission of the Contractor or any of its Sub-Contractors), to apply for relief from its obligations and from the levying of Default Sums under this Contract.
EXCUSING CAUSES. If an Excusing Cause interferes adversely with, or causes or contributes to a failure of, the performance of the Project Operations by DBFM Co and/or causes or contributes to the occurrence of an Availability Failure and/or a Performance Failure and provided that the effect of such Excusing Cause is claimed within ten (10) Business Days of the date on which DBFM Co became aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then (subject to Clauses 51.3 (Insured Exposure) and 51.4) to the extent such failure or interference or occurrence of an Availability Failure and/or a Performance Failure arises as a result of such Excusing Cause:
EXCUSING CAUSES. In the event of an Excusing Cause arising:
8.1 WYFY will notify the Customer, in writing, of the Excusing Cause within a reasonable period of becoming aware of such Excusing Cause;
8.2 the time/service levels for WYFY performance shall be extended on a reasonable basis in proportion to the prejudice caused by the Excusing Cause and WYFY may charge for any additional hours required to execute the Services or remedy the Excusing Cause on a Time and Materials Basis; and
8.3 WYFY shall not be liable for any failure to provide any Services in terms of this Agreement where such failure is a result of any Excusing Cause.