Frustration of Contract Sample Clauses
The Frustration of Contract clause defines the circumstances under which a contract may be automatically terminated or obligations discharged due to unforeseen events that make performance impossible or radically different from what was originally agreed. Typically, this clause applies when events such as natural disasters, changes in law, or other extraordinary occurrences prevent one or both parties from fulfilling their contractual duties through no fault of their own. Its core practical function is to allocate risk and provide a fair resolution when external factors fundamentally disrupt the basis of the agreement, thereby protecting both parties from liability in situations beyond their control.
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Frustration of Contract. 69.1 In the event of frustration of the Contract because of supervening impossibility in items of Section 56 of the Indian Contract Act, parties shall be absolved of their responsibility to perform the balance portion of the Contract, subject to provisions contained in sub-clause 69.3 below.
69.2 In the event of non-availability or suspension of funds for any reasons whatsoever (except for reason of willful or flagrant breach by the Employer and/or Contractor) then the Works under the Contract shall be suspended. Furthermore, if the Employer is unable to make satisfactory alternative arrangements for financing to the Contractor in accordance with the terms of the Contract within three months of the event, the parties hereto shall be relieved from carrying out further obligations under the Contract treating it as frustration of the Contract.
69.3 In the event referred to in sub-clauses 69.1 & 69.2 above, the parties shall mutually discuss to arrive at reasonable settlement on all issues including amounts due to either party for the work already done on "Quantum merit" basis which shall be determined by mutual agreement between the parties.
Frustration of Contract. If the Executive is unable to perform the Executive’s essential employment related duties for a period of more than either three (3) consecutive months, or one-hundred and eighty (180) days in the aggregate during any twelve (12) month period, and there is no reasonable prospect that the Executive will be able to perform the essential duties of the Executive’s position with or without accommodation in the reasonable foreseeable future, any future absence by the Executive will constitute undue hardship for the Company and the Executive’s employment shall be deemed frustrated and terminated. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executive’s then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on the Executive.
Frustration of Contract. Should Seller be prevented from fulfilling his obligations hereunder during the period stipulated herein by reasons of act of God, act of Sovereign, government or parliament, consequences of hostilities or warlike operations, blockade, political or civil disturbances or insurrections, riots, strikes, lock-outs, combination of workmen or any other cause beyond his control which he could not reasonably have been expected to anticipate and such cause or causes continue for a period of twelve
Frustration of Contract statutes not to apply - The parties agree that the sole rights and consequences of cancellation and variation are set out in this agreement. The Frustrated Contracts Act 1978 (NSW) and other legislation concerning frustration of contract, do not apply to this agreement.
Frustration of Contract. The Company shall not, and shall not permit any of its Subsidiaries to, take any action that is intended to result in any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect at any time prior to the Effective Time, or in any of the conditions to the Merger set forth in Article VI not being satisfied.
Frustration of Contract. [INTENTIONALLY BLANK]
Frustration of Contract. ACS&T shall be relieved of or be entitled to vary its contractual obligations to the extent that the performance of any such obligation is prevented or interfered with directly or indirectly by or in consequence of any failure by the Customer, storm, flood, fire, explosion, breakdown or failure of plant equipment or computer systems, shortage of supplies, riot, industrial dispute, labour disturbance or any cause beyond the reasonable control of ACS&T.
Frustration of Contract. Should Seller be prevented from fulfilling his obligations hereunder during the period stipulated herein by reasons of act of God, act of Sovereign, government or parliament, consequences of hostilities or warlike operations, blockade, political or civil disturbances or insurrections, riots, strikes, lock-outs, combination of workmen or any other cause beyond his control which he could not reasonably have been expected to anticipate and such cause or causes continue for a period of twelve (12) calendar months from the commencement thereof, any obligations hereunder relating to shipments or deliveries the fulfilment of which is thus prevented and payment therefore shall be cancelled and no claim shall lie by either party against the other in respect of loss or damage arising out of such cancellation. Should such cause or causes continue for a period of less than twelve (12) calendar months any outstanding shipments shall be shipped and any outstanding obligations hereunder shall be fulfilled as soon as possible after such cause(s) cease(s) to operate but in no event later than six (6) calendar months after such cessation.
Frustration of Contract. THE LANDLORD AND TENANT MUTUALLY covenant and agree that if during the term of this agreement, rented premises shall be wholly or partly destroyed by fire or the elements (other than by the action or neglect of the Tenant) such as to render the rented premises wholly or partially unfit for occupancy, then until such damage is repaired, the rent shall ▇▇▇▇▇ in the proportion that the part of the said premises unfit for occupancy bears of the whole premises on a per diem rate. The Landlord shall repair same with all reasonable speed. The notice of the Landlord shall fix conclusively the date on which full rent shall recommence. ALLEGED BREACH OF AGREEMENT