Force Majeure Events Clause Samples
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Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following:
i) acts of God;
ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities;
iii) acts of war (whether declared or undeclared), invasion or civil unrest;
iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement);
v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals;
vi) earthquakes, explosions, accidents, landslides; fire;
vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality;
viii) chemical or radioactive contamination or ionizing radiation; or
ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs;
x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.
Force Majeure Events. (a) Subject to Clauses 7.1 and 8.2(c), neither party shall be liable to the other party for any delay or non-performance of its obligations under this Agreement arising directly from any of the following cause or causes beyond its reasonable control which are unable reasonably to be planned for or avoided: act of God, act of terrorism, war, civil war, armed conflict, fire, earthquake, flood, embargo, riot or sabotage, in each case, which directly causes either party (the Affected Party) to be unable to comply with all or a material part of its obligations under this Agreement (a Force Majeure Event), provided that the Affected Party:
(i) promptly notifies the other party in writing of the cause of the delay or non- performance, the likely duration of the delay or non-performance, evidence of its effect on its obligations and details of the action it proposes to take to mitigate the effect of the delay or non-performance; and
(ii) takes all steps in accordance with Good Industry Practice to overcome or minimise the effect of the delay or non-performance on the other party.
(b) The performance of the Affected Party's obligations, to the extent affected by the Force Majeure Event, shall be suspended during the period that the Force Majeure Event persists.
(c) The occurrence of any Force Majeure Event shall not relieve the Subcontractor of its obligations under the Business Continuity Plan.
(d) If a Force Majeure Event occurs and the Subcontractor has not restored full and uninterrupted Services within 24 hours after it has occurred, the Contractor shall not be required to pay, and the Subcontractor shall not be entitled to charge, the fees specified in paragraph [⚫] of Schedule 6 (Charges) with respect to those Services affected by the Force Majeure Event for the duration of the period commencing on the date the Force Majeure Event occurred and ending on the date that those Services are resumed in full and on an uninterrupted basis in accordance with this Agreement.
(e) The Contractor may instruct an alternative supplier to provide the services affected by the Force Majeure Event to ensure continuity of service and the Subcontractor shall co-operate with the alternative supplier to ensure the smooth and seamless provision of those services to the Contractor and the Authority.
(f) The Affected Party shall notify the other party in writing as soon as practicable after the Force Majeure Event ceases or no longer causes the Affected Party to be unable to comply w...
Force Majeure Events. 17.1 Where a Force Majeure Event occurs the Party whose performance is affected by the Force Majeure Event will:
17.1.1 take all reasonable steps to find a solution by which this Agreement may be performed despite the continuance of the Force Majeure Event;
17.1.2 inform the other party as soon as it reasonably can on the nature and extent of the Force Majeure Event affecting the Service and the reasonable steps which are being taken to find a solution by which this Agreement may be performed despite the continuance of the Force Majeure Event;
17.1.3 not be liable, for any failure or delay to perform its obligations under this Agreement to the extent that the failure or delay is caused by the Force Majeure Event;
17.1.4 be entitled to a reasonable extension to perform the obligation affected by the Force Majeure Event; and
17.1.5 still be liable for any breaches of Agreement prior to the Force Majeure Event where the other party has used their rights set out in Clause 18.
17.2 Nothing in this Clause 17 affects the Customer’s obligation to pay BT any amounts payable under this Agreement on time and in the way described in Clause
8.1 for Services provided by BT that are not affected by the Force Majeure Event.
Force Majeure Events. Zero Hash and ZHLS shall not have any liability for any failure to perform or delay in performing its obligations under this User Agreement due to any act of God, act of governmental authority, change in law or regulation, war, criminal act, fire, explosion, earthquake, flood, weather condition, power failure, transportation, pandemic (including COVID-19) or other accident beyond the reasonable control of the party (“Force Majeure Events”).
Force Majeure Events. Subject to the limitations contained in, and upon DB Contractor’s fulfillment of all applicable requirements of, this Section 4.5 hereof and Section 5 of the CMA, TxDOT shall issue Change Orders to compensate DB Contractor for additional costs directly attributable to Force Majeure Events. DB Contractor’s rights to recover additional costs directly attributable to Force Majeure Events shall not include delay and disruption damages.
Force Majeure Events. “Event of Force Majeure” means any strike, lockout, labor dispute, embargo, flood, earthquake, storm, dust storm, lightning, weather, pandemic, epidemic, fire, act of God, war, national emergency, civil disturbance or disobedience, riot, sabotage, terrorism, restraint by governmental order, government or Property restrictions, decisions and regulations, insurrections or any other occurrence beyond the reasonable control of the party in question that may affect performance of services under this Agreement. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder due the occurrence of an Event of Force Majeure, and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. If an Event of Force Majeure occurs and results in (i) cancellation of an event for which CLIENT has purchased Tailgate Services, TAILGATE GUYS will credit CLIENT one hundred percent (100%) of the payment made by CLIENT for that event towards a future event in the same of following season with TAILGATE GUYS or
Force Majeure Events. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by reason of a Force Majeure Event, such Party shall notify the other Party in writing as soon as practicable after the onset of such Force Majeure Event and shall be excused from the performance of its obligations under this Agreement to the extent that such Force Majeure Event has interfered with such performance. The Party whose performance under this Agreement is prevented or delayed as the result of a Force Majeure Event shall use reasonable efforts to remedy its inability to perform. If a Party’s failure to perform its obligations under this Agreement is due to a Force Majeure Event, then such failure shall not be deemed a Provider Default or a Customer Default, as the case may be. Notwithstanding anything in this Section 9 to the contrary, no payment obligation of Customer under this Agreement may be excused as the result of a Force Majeure Event. In case a Force Majeure Event continues for at least one (1) year with respect to the System, then either Party may terminate this Agreement by written notice to the other.
Force Majeure Events. Subject to the limitations contained in, and upon Maintenance Contractor’s fulfillment of all applicable requirements of, this Section 10, TxDOT shall issue Change Orders to compensate Maintenance Contractor for additional costs incurred arising directly from Force Majeure Events. Maintenance Contractor’s rights to recover additional costs incurred arising directly from Force Majeure Events shall not include delay and disruption damages.
Force Majeure Events a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer;
b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party.
c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.
d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.
e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable)
f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties
g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).
Force Majeure Events. Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.