Failure and force majeure Sample Clauses

The 'Failure and force majeure' clause defines how parties are excused from fulfilling contractual obligations when unforeseen events beyond their control occur. Typically, this clause outlines specific circumstances—such as natural disasters, war, or government actions—that qualify as force majeure, and details the process for notifying the other party and the temporary suspension of duties. Its core function is to allocate risk and provide a fair mechanism for handling disruptions, ensuring that neither party is unfairly penalized for events outside their reasonable control.
Failure and force majeure. A.9.1. Neither party can be held to fulfil any obligation if a circumstance beyond the control of the parties, which could not or should not have been anticipated when the Agreement was concluded, cancels any reasonable possibility of fulfilment. The parties may only invoke Force Majeure against each other if the party in question notifies the other party in writing of such invocation of Force Majeure as soon as possible after the failure has occurred, on submission of any required documentary evidence.
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Related to Failure and force majeure

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Entitlement to Force Majeure relief An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; ▇. ▇▇▇▇▇ in the performance of any contractor, sub-contractor or their agents; c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; d. Strikes at the facilities of the Affected Party; e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and f. Non-performance caused by, or connected with, the Affected Party’s: i. Negligent or intentional acts, errors or omissions; ii. Failure to comply with an Indian Law; or iii. Breach of, or default under this Agreement.