INABILITY TO PERFORM OBLIGATIONS Sample Clauses

The "Inability to Perform Obligations" clause defines what happens if a party is unable to fulfill its contractual duties due to circumstances beyond its control. Typically, this clause outlines the process for notifying the other party, the types of events that qualify (such as natural disasters or government actions), and any temporary suspension or modification of obligations during the period of inability. Its core function is to protect parties from being penalized for non-performance when unforeseen events make it impossible to meet contractual commitments, thereby allocating risk and providing a clear procedure for handling such situations.
INABILITY TO PERFORM OBLIGATIONS. We shall not be liable if we are unable to perform our obligations due directly or indirectly to the failure of any machine data processing system or transmission link or to industrial dispute or to a cause outside the control of JN Bank, our agents, servants or sub-contractors.
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INABILITY TO PERFORM OBLIGATIONS. CCB (Asia) shall not be liable if it is unable to perform its obligations under this Agreement or if there is any failure in my/Supplementary Cardmember(s) ability to use the Card or the Card services due (directly or indirectly) to the failure of any machine, data processing system or transmission link or any industrial dispute or any other factor outside the control of CCB (Asia) (or of CCB (Asia)'s agents or sub-contractors).
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INABILITY TO PERFORM OBLIGATIONS. You understand that we shall not be liable if we are unable to perform our obligations due directly or indirectly to the failure of any machine data processing system or transmission link or to industrial dispute or to a cause outside the control of FirstCaribbean, our agents, servants or sub-contractors. (i) The Bank makes no commitment that benefits available to the Customer by use of the Card, as a result of arrangements between the Bank and third parties, will continue indefinitely. Any facilities or benefits, including those made available to you and not forming part of the terms and conditions, may be withdrawn or varied at any time without notice. (ii) The Bank will charge you for any loss or cost incurred as a result of any breach of the terms and conditions by you or any Authorised User. Interest will also continue to be charged both before and after any judgment obtained on any unpaid debt. You have read the terms and conditions of the FirstCaribbean Credit Card Cardholder Agreement for this Account and by use of the Card issued to you, you indicate your agreement with each of the terms and conditions and promise to repay all credit extended to you pursuant to this Agreement. You understand that you will be bound by each of the terms of the Cardholder Agreement.
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INABILITY TO PERFORM OBLIGATIONS. The Bank is not liable if the Bank is unable to perform its obligations under this Agreement, due directly or indirectly to the failure or any machine or communication system, defect or damage of the Card, industrial dispute, strikes, war, act of God, or anything outside the Bank’s control or the control of the Bank’s servants or agents. If the Bank is unable to produce or send a Statement of Account to the Cardholder for any reason whatsoever, the Bank is not liable to the Cardholder in any way and the Cardholder’s liabilities and obligations under this Agreement will not be prejudiced and will continue to accrue. remaining provisions will not thereby be affected or impaired in any way.
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INABILITY TO PERFORM OBLIGATIONS. We may terminate the Agreement, or any portion thereof, on ten (10) days’ notice to you if there are unforeseen events that prevent us from performing our obligations under this Agreement. We will coordinate with your Local Utility so that you stop receiving Bill Credits on your Local Utility bill as soon as practicable on or after the date of termination, but there may be a delay of as long as six
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INABILITY TO PERFORM OBLIGATIONS. The Bank is not liable if the Bank is unable to perform its obligations under this Agreement, due directly or indirectly to the failure or any machine or communication system, the failure or malfunction of any computer or other systems, power failure, defect or damage of the Card, industrial dispute, strikes, war, Act of God, or anything outside the Bank’s control or the control of the Bank’s servants or agents. If the Bank is unable to produce or send a Statement of Account to the Corporate Account Holder for any reason whatsoever, the bank is not liable to the Corporate Account Holder in any way and the Corporate Account Holder’s liabilities and obligations under this Agreement will not be prejudiced and will continue to accrue.
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Related to INABILITY TO PERFORM OBLIGATIONS

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Parties to Perform Obligations 16.4.1 Notwithstanding the existence of any Dispute and difference referred to the Appropriate Commission and save as the Appropriate Commission may otherwise direct by a final or interim order, the Parties hereto shall continue to perform their respective obligations (which are not in dispute) under this Agreement.

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Ability to Perform; Solvency The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of Seller's creditors;

  • Financial Ability to Perform Purchaser affirms that is it not a condition to the Closing or to any of its other obligations under this Agreement that Purchaser obtain financing for, or related to, any of the transactions contemplated by this Agreement. Purchaser has delivered to the Seller true, complete and correct copies of the executed commitment letter, dated as of the date hereof, among Purchaser, the Guarantor and the other parties thereto (including all exhibits, schedules and annexes thereto, the “Equity Commitment Letter”), pursuant to which the Guarantor has committed, subject to the terms and conditions set forth therein, to invest cash in the aggregate amount set forth therein (the “Equity Financing”). The Equity Commitment Letter provides that the Seller is a third-party beneficiary thereto. The Equity Commitment Letter has not been amended, supplemented or modified prior to the date of this Agreement, no such amendment, supplement or modification is contemplated or pending, and as of the date of this Agreement, the commitments contained in the Equity Commitment Letter have not been withdrawn, terminated or rescinded in any respect and no such withdrawal, termination or rescission is contemplated. There are no side letters or Contracts to which Purchaser is a party related to the provision, funding or investing, as applicable, of the Equity Financing or the transactions contemplated hereby other than as expressly set forth in the Equity Commitment Letters delivered to the Seller prior to the date hereof. Purchaser has fully paid any and all commitment fees or other fees in connection with the Equity Commitment Letter that are payable on or prior to the date hereof and Purchaser will, directly or indirectly, continue to pay in full any such amounts required to be paid as and when they become due and payable on or prior to the Closing Date. The Equity Commitment Letter is in full force and effect and is the legal, valid, binding and enforceable obligations of Purchaser and, to the knowledge of Purchaser, each of the other parties thereto, subject to the Enforceability Exceptions, and Purchaser is not aware of any fact or occurrence that would or would reasonably be expected to make any of the assumptions or any of the statements set forth in the Equity Commitment Letter inaccurate or that would or would reasonably be expected to cause the Equity Commitment Letter to be ineffective. There are no conditions or other contingencies related to the provision, funding or investing of the full amount of the Equity Financing, other than as expressly set forth in the Equity Commitment Letter. No event has occurred which, with or without notice, lapse of time or both, would or would reasonably be expected to (a) constitute a default or breach on the part of Purchaser or, to the knowledge of Purchaser, any other party thereto under any of the Equity Commitment Letter, (b) constitute a failure to satisfy a condition on the part of Purchaser or any other party thereto under the Equity Commitment Letter or (c) result in any portion of the amounts to be provided, funded or invested in accordance with the Equity Commitment Letter being unavailable on the Closing Date. Purchaser has no reason to believe that any of the conditions to the Equity Financing contemplated by the Equity Commitment Letter will not be satisfied or that the full amount of the Equity Financing will not be made available to Purchaser in full on the Closing Date, and, Purchaser is not aware of the existence of any fact or event that would or would reasonably be expected to cause such conditions to the Equity Financing not to be satisfied or the full amount of the Equity Financing not to be made available to Purchaser in full on the Closing Date. Assuming the Equity Financing is funded and/or invested in accordance with the Equity Commitment Letter, Purchaser will have on the Closing Date funds sufficient to (i) pay the aggregate Closing Purchase Price under Article II, (ii) pay any and all fees and expenses required to be paid by Purchaser at the Closing in connection with the transactions contemplated by this Agreement and the Equity Financing, (iii) pay for any refinancing of any outstanding indebtedness of the Purchased Entities or the Business contemplated by this Agreement and (iv) satisfy all of the other payment obligations of Purchaser contemplated hereunder to be paid at the Closing (clauses (i) through (iv), the “Financing Uses”). Purchaser affirms that it is not a condition to the Closing or any of its other obligations under this Agreement that Purchaser obtain the Equity Financing or any other financing for or related to any of the transactions contemplated hereby.