Force Majeure and Termination Clause Samples
Force Majeure and Termination. Except with respect to the performance of a Carrier's payment obligations under this Agreement, neither Carrier shall be liable for delays or failure in its performance hereunder to the extent that such delay or failure of performance (a) is caused by any act of God, war, terrorism, natural disaster, strike, lockout, labor dispute, work stoppage, fire, serious accident, epidemic, quarantine restriction, act of government, or any other cause, whether similar or dissimilar, beyond the control of that Carrier, and (b) is not the result of that Carrier's lack of reasonable diligence (an "Excusable Delay"). In the event an Excusable Delay continues for sixty (60) days or longer, the non-delayed Carrier shall have the right, at its option, to terminate this Agreement by giving the delayed Carrier at least thirty (30) days prior written notice of such election to terminate.
Force Majeure and Termination. If the performance of the Contractor and the obligations under this engagement are delayed, hindered or prevented by an event or events beyond reasonable control of the Contractor and for which reasonable precautions could not be implemented, the Contractor shall immediately notify NRI in writing, specifying the nature of the force majeure incident and the anticipated delay in carrying out the duties under this engagement.
Force Majeure and Termination. (A) If, at any time prior to 5:00 p.m. on the Sale Completion Date:
(i) there shall develop, occur, exist or come into effect:
(a) any change in, or any event or series of events resulting or likely to result in any change in Hong Kong, the PRC or the US national or international financial, currency, political, military, industrial, economic or market conditions (and for the purpose of construing the foregoing any normal market fluctuations shall not be construed as events or series of events affecting market conditions referred to above); or
(b) any material and adverse change in the conditions of Hong Kong, the PRC, the US or international equity securities or other financial markets; or
(c) the imposition of any moratorium, suspension or material restriction on trading in securities generally on the US stock exchanges due to exceptional financial circumstances or otherwise; or
(d) any change or development occurs involving a prospective change in taxation or exchange control (or the implementation of any exchange control) in Hong Kong, Bermuda or the PRC or the US or elsewhere; which, in the opinion of the Purchaser makes it inadvisable or inexpedient to proceed with the Placing; or
(ii) it comes to the notice of the Purchaser any matter or event rendering any of the Vendor’s representations and warranties in any material respect to be untrue, inaccurate or misleading or as having been breached (“Breached Warranty”) and if the Purchaser considers that the Breached Warranty to have a materially prejudicial effect on the Placing, then the Purchaser may give written notice to the Vendor to terminate this Agreement with immediate effect.
(B) Upon the termination of this Agreement pursuant to the provisions of sub-clause (A) above, each of the Parties shall cease to have any rights or obligations under this Agreement, save in respect of the provisions of this Clause and Clauses, 8, 11 and 13, and any antecedent breaches of this Agreement or any rights or obligations which may have accrued under this Agreement prior to such termination.
Force Majeure and Termination. 12.1. In this terms and conditions, force majeure on the side of Prodim Int. BV refers to war, threat of war, natural disasters, an excessive temporary increase in demand, disturbances, transportation barriers, government regulations, weather conditions, failure in or a delayed delivery, or not fully delivered to Prodim Int. BV of goods or services ordered by third parties, strikes, company obstacles, punctuality actions, breakdown at Prodim Int. BV, the presence of EMC pollution on the supply network of the other party, nuclear reactions, molestations, as well as any circumstances beyond the control of Prodim Int. BV – irrespective of the fact whether this was foreseeable at the time of the conclusion of the agreement – that prevents the performance of the agreement temporarily or permanently or makes it considerably more difficult or more expensive.
12.2. If Prodim Int. BV is, as a result of force majeure, not able to meet its obligations, the company shall be entitled to postpone the supply of goods or the performance of operations, without being in default, until the force majeure situation has ended.
12.3. in the event of force majeure, Prodim Int. BV has the right to terminate the agreement, without being liable for damages resulting thereof. Prodim Int. BV, cannot be settled by deduction from and / or withholding from the invoiced amount, but should be demanded separately.
Force Majeure and Termination. 6.9.1 In the event the Project or mine site is destroyed by fire, the elements or any other cause whatsoever and the Project is not rebuilt, or in the event that in the sole discretion of DDMI it is no longer feasible to operate the Project and it permanently closes, DDMI shall be released from all covenants and obligations under the Agreement.
6.9.2 DDMI may curtail, suspend or interrupt Operations as it sees fit and during such period of curtailment, suspension or interruption DDMI shall be relieved of its obligations hereunder to the extent reasonable in the circumstances.
6.9.3 All of the time limits contained herein shall be extended in the event of any delay caused by an act of God, Her Majesty's enemies, quarantine, riots, strikes, perils of navigation or extraordinary weather conditions or any other conditions beyond the reasonable control of the Parties, the extension being for the period of such delay.
Force Majeure and Termination. The performance of this Agreement by either party is subject to acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, curtailment of transportation facilities preventing or unreasonably delaying at least 25% of attendees and guests from appearing at UTC’s conference, or other similar cause beyond the control of the parties making it impracticable, illegal, inadvisable or impossible to hold the conference or provide the facility. This Agreement may be terminated without penalty for any one or more of such reasons by written notice from one party to the other. In addition to the foregoing, should there be any acts of terrorism in North America within 30 days prior to the arrival of the first members of the group which affect transportation facilities and which prohibit 25% or more of UTC’s representatives from attending the Conference, this Contract may be terminated by written notice from one party to the other. In addition, this Agreement may be terminated upon the breach of any material term of this Agreement, provided written notice of such termination is given and another party has been given a reasonable opportunity, under the circumstances, to cure the default, if possible.
Force Majeure and Termination. Neither of the Parties shall be considered responsible in the event of a failure to perform or a delay in the performance of its contractual obligations in the event in which such non-performance or delay is attributable to causes of force majeure.
Force Majeure and Termination. If the performance of the Partner and the obligations under this Arrangement are delayed, hindered or prevented by an event or events beyond reasonable control of the Partner and for which reasonable precautions could not be implemented, the Partner shall immediately notify 3ie in writing, specifying the nature of the force majeure incident and the anticipated delay in carrying out the duties under this Arrangement. Upon the date of receipt of the notice given, in accordance with clause 83, 3ie may, at its sole discretion, either suspend this Arrangement for up to a period of 30 days (“the Suspension Period”) or terminate this Arrangement with immediate effect. If by the end of the Suspension Period, the Parties have declined to extend the Suspension Period or to reinstate the obligations of this Arrangement, this Arrangement shall terminate automatically.
Force Majeure and Termination. ▇▇▇.▇▇. 02.-07..2016 Package -1 Highway Project
Force Majeure and Termination