Non-Performance Due to Force Majeure Sample Clauses

Non-Performance Due to Force Majeure. Any delays in or failure of performance by either Party, except in respect of the obligation of payments under this Contract, due to Force Majeure shall not constitute an Event of Default. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Party claiming Force Majeure shall, to the extent practical, exercise due diligence to prevent, eliminate, or overcome such Force Majeure event and resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, either Party may terminate this Contract immediately upon written notification to the other Party. Upon such termination, the terminating Party shall be responsible for Early Termination Damages, which shall be due and payable in accordance with Section 6.05 below.

Non-Performance Due to Force Majeure. Non-performance by either XL or the Supplier of any of its obligations under this agreement must be excused during the time and to the extent that performance is prevented, wholly or in part, by a Force Majeure Event.

Non-Performance Due to Force Majeure a Default Quantity shall be deemed to arise by reason of "Buyer's Default" if it arises because the Buyer failed, in respect of the relevant Time Unit and Individual Contract, to comply with its obligations under § 4.1 (Delivery and Acceptance) or the Default Quantity is attributable to the Buyer pursuant to § 6.7 (Seller and Buyer Risks) unless, in each case, the Buyer is relieved from liability on the grounds of Force Majeure in accordance with § 7 (Non-Performance Due to Force Majeure);

Non-Performance Due to Force Majeure. (a) If the performance of any of the obligations set out in this Agreement by any one of the Parties is interrupted or prejudiced by: _______ Initial (i) fire, explosion, collapse, strike, lockout, labor dispute, failure or lack of transport, fortuitous or accidental, as well as, floods, failure or lack of manpower or raw material; or (ii) war, revolution, civil war, public calamity; or (iii) any law, decree-law, regulation, government order or other Government act; or (iv) any other cause beyond the control of the parties, as determined by TFRY in its sole and absolute discretion. (b) The Party affected will be free of responsibility for not fulfilling its obligation to the extent of the impediment it has suffered, provided that the other Party is promptly notified of same in writing. AS WITNESS the hands and seals of the duly authorized representatives of the Parties hereto as of the day and year first above written. TASTY FRIES, INC. By:/S/ ------------------------------------ ▇▇▇▇▇▇ ▇▇▇▇▇, President DISTRIBUTOR: TASTY FRIES, ISRAEL, LTD. By:/S/ ------------------------------------ _______ Initial SCHEDULE A TERRITORY: Israel, Jordan and Egypt1 PRICE: $200,000.00 DOWN PAYMENT: $ 40,000.00 BALANCE $160,000.00 To maintain Distributorship, Distributor must purchase a minimum of one hundred (100) Machines per year for three (3) years with an option thereafter to purchase additional Machines during the remaining seven (7) years of the Agreement at the then current cost per Machine. This minimum purchase requirement begins on the Effective Date as defined in Article I(a) hereof. Any and all payments made to TFRY, Inc. are payable in U.S. Dollars only. Payments will be issued by bank wire or certified cashiers' checks only. Payment terms shall be in accordance with Article X(e) hereof.

Non-Performance Due to Force Majeure. De finitio n of Fo rc e Ma ▇▇ ▇▇▇:

Non-Performance Due to Force Majeure e xcept for a Ma te ria l Reason s e t out in § 9 .5(d) (Failure to Deliver or Accept) a nd § 9 .5(e) (Representation or Warranty):

Non-Performance Due to Force Majeure. 24. Definition of Force Majeure: for purposes of the Agreement "Force Majeure" means an occurrence beyond the reasonable control of the Party claiming Force Majeure (the "Claiming Party") which it could not reasonably have avoided or overcome and which makes it impossible for the Claiming Party to perform its delivery or acceptance obligations, including, but without limitation, due to one or more of the following: a. Acts of violence, comprising i. War, military action, blockade, mobilization, requisition or embargo; ii. Rebellion, revolution, unrest, military and usurping authority or the civil war; iii. Violation of public order, civil unrest, sabotage; iv. Terrorist acts; b. Lightning, fire, explosion, storm, wind, flood, low water, earthquake, thunder and other natural disasters; ▇. ▇▇▇, MO, Dispatch Licensee or other competent entity in Georgia or Turkey declares an Emergency Situation during which the Seller is prevented from delivering or the Buyer is prevented from receiving the entire Contract Quantity scheduled for that Settlement period.

Non-Performance Due to Force Majeure. Any delays in or failure of per formance by either Party, except in respect of the obligatio n of payme nts under this Contract, due to Forc e Majeure shall not constitute an Ev ent of D efault. In a ny su ch ev ent, th e P arty claim ing Fo rce Majeure sha ll prom ptly notify the other Party of the Forc e Majeure event in writ ing and, i f possible, such notice shall set forth the extent and duration thereof. The Party clai ming Force Majeure shall, to the extent practical, exercise due diligence to prevent, elim inate, or overcome such Force Majeure eve nt and resume per formance at the ea rliest possible date. However, i f non- performance continues for more th an thirty ( 30) days , either Pa rty may term inate this Contract immediately upon writte n notification to the ot her Party. Upon suc h termination, the ter minating Party shall be responsi ble for Early Ter mination Da mages, which shall be due and payable in accordance with Section 6.05 below.

Non-Performance Due to Force Majeure. Neither Party shall be liable to the other Party for any delay or non-performance of its obligations, except for monetary obligations (including compliance with Service Level obligations) under this Agreement or any applicable SOWs, to the (i) promptly notifying the other Party in writing of such delay or prevention, stating the commencement date and extent of such delay or prevention, the cause thereof and estimated duration of delay or prevention; (ii) using all reasonable endeavors to limit the effect of that delay or non-performance on the other Party.