Force Majeure Shall Not Include. Force Majeure shall not include: (a) any event that is caused by the negligence or intentional action of a Party or such Party’s agents or employees; or (b) any event that a diligent Party could reasonably have been expected to: (i) take into account at the time of the execution of the Agreement; and (ii) avoid or overcome in the carrying out of its obligations under the Agreement.
Appears in 7 contracts
Sources: Transfer Payment Agreement, Funding Agreement, Funding Agreement
Force Majeure Shall Not Include. Force Majeure shall not include:
(a) any event that is caused by the negligence or intentional action of a Party or such Party’s agents or employees; or;
(b) any event that a diligent Party could reasonably have been expected to:
(i) take into account at the time of the execution of the Agreement; and
(ii) avoid or overcome in the carrying out of its obligations under the Agreement.
Appears in 4 contracts
Sources: Funding Agreement, Funding Agreement, Funding Agreement
Force Majeure Shall Not Include. Force Majeure shall not include:
(a) any event that is caused by the negligence or intentional action of a Party or such Party’s 's agents or employees; or
(b) any event that a diligent Party could reasonably have been expected to:
(i) take into account at the time of the execution of the Agreement; and
(ii) avoid or overcome in the carrying out of its obligations under the Agreement.
Appears in 1 contract
Sources: Funding Agreement
Force Majeure Shall Not Include. Force Majeure shall not include:
(a) any event that is caused by the negligence or intentional action of a Party or such Party’s 's agents or employees; or;
(b) any event that a diligent Party could reasonably have been expected to:
(i) take into account at the time of the execution of the Agreement; and
(ii) avoid or overcome in the carrying out of its obligations under the Agreement.
Appears in 1 contract
Sources: Funding Agreement