Occurrence of Force Majeure Sample Clauses

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Occurrence of Force Majeure. Upon the occurrence of a Force Majeure Event, as described in Section 16.6, at the Contractor’s NPAC/SMS Production Computer System site or the NPAC/SMS Disaster Recovery Computer System site, Contractor shall immediately invoke the disaster recovery procedures as set forth in this Article 12. If any Force Majeure Event results in a failure to deliver the NPAC/SMS from both the NPAC/SMS Production Computer System site and the NPAC/SMS Disaster Recovery Computer System site, Users may, upon written notice to Contractor, cease payment of the charges payable under this Agreement, except for services already rendered, until the recovery from such Force Majeure Event has been completed at either of such NPAC/SMS Data Centers or an alternate location provided by Contractor. If a Force Majeure Event, as defined in Section 16.6, at both the NPAC/SMS Production Computer System site and the NPAC/SMS Disaster Recovery Computer System site prevents Contractor from reinstating the NPAC/SMS within thirty (30) days of such Force Majeure Event, Customer may terminate this Agreement as of a date specified by Customer (such termination shall not be deemed a termination for cause under Article 23 - Termination). Contractor shall notify Customer within five (5) Business Days after such Force Majeure Event whether it expects to reinstate the NPAC/SMS within thirty (30) days. If Contractor will not reinstate within such period, Customer must notify Contractor within five (5) Business Days following its receipt of Contractor’s notice if Customer intends to terminate this Agreement. If Customer elects not to terminate based on Contractor’s representation that it will reinstate the NPAC/SMS by a certain date, Contractor shall keep Customer informed of its progress toward such reinstatement. If Contractor informs Customer that Contractor is not able to meet its projected completion date for reinstatement, Customer shall again have the right to terminate this Agreement, within five (5) Business Days following its receipt of such notice from Contractor. Failure by Contractor to notify Customer that Contractor will not meet the projected completion date does not waive Customer’s right to terminate this Agreement.
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Occurrence of Force Majeure. The Lessee shall give the Lessor written notice of any damage caused to the Leased Premises by reason of any event or circumstance (whether arising from natural causes, human agency or otherwise) beyond the control of the Lessee, including (but without prejudice to the generality of the foregoing) acts of God, strikes, riot, civil commotion, acts of terrorism, fire, flood, drought, or war, or any unforeseen cause or event (“Force Majeure”), within five (5) Business Days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, without any fault or omission of the Lessee, its employees, guests, customers or clients, the damage shall be repaired at the expense of the Lessor.
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Occurrence of Force Majeure. If either party to this Agreement shall be prevented, hindered, or delayed in the performance or observance of any of its obligations hereunder by reason of any circumstance defined in this Section 10.A., and such delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the party through the use of alternate sources, work-around plans, or other means, then such party shall be excused from any further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance whenever and to whatever extent possible without delay. APAC as the affected party shall not have the right to any additional payments from UPS as a result of any Force Majeure occurrence, nor shall UPS as the affected party have the right to any additional material Services from APAC not encompassed by this Agreement. Neither Party shall be liable to the other for failure or delay in rendering performance arising out of the following causes: Acts of God or the public enemy, terrorism, strikes, wars, fires, floods epidemics, quarantine, restrictions, or unusually severe weather and similar events beyond the control of such party (an occurrence of a “Force Majeure”).
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Occurrence of Force Majeure. No party is liable for any failure to perform its obligations under this Agreement (other than obligations to make payments of money) if such performance has been delayed, interfered with or prevented by an event of Force Majeure.
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Occurrence of Force Majeure. Any Party who is rendered unable to perform its obligations or responsibilities under the Agreement due to an event of force majeure shall provide written notice to the other Party within thirty (30) days after the occurrence of the event and provide specific information and supporting documentation of the force majeure event, including documentary evidence issued by the government, judicial bodies or any other authorities, to explain the reasons for its failure to perform its obligations. The affected Party shall, where possible, take action to reduce the loss.
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Occurrence of Force Majeure. LESSEE shall give LESSOR written notice of any damage caused to the Leased Premises by reason of Force Majeure, within five (5) working days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, the damage shall be repaired at the expense of LESSOR, and the disturbance or discontinuance in the possession of the Leased Premises by reason of or occasioned during such repair shall confer no right of any kind to LESSEE against LESSOR, except to the extent recognized under Article 12,2. "Force Majeure" shall mean an act, event or cause, which is unexpected or unforeseen, or if foreseen, must be impossible to avoid, or which is beyond the control of LESSOR or LESSEE. This term includes rebellion, insurrection, labor unrest, lockout, work stoppage, strikes on a citywide or nationwide scale, flood, typhoon, earthquake, robbery, theft, arson, terrorism, crime or similar incidents.
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Occurrence of Force Majeure. LESSEE shall give LESSOR written notice of any damage caused to the Leased Premises by reason of Force Majeure, within five (5) working days from the occurrence thereof. If the Leased Premises are rendered inaccessible or destroyed or substantially damaged by Force Majeure, the damage shall be repaired at the expense of LESSOR, and the disturbance or discontinuance in the possession of the Leased Premises by reason of or occasioned during such repair shall confer no right of any kind to LESSEE against LESSOR, except to the extent recognized under Article 10.2.
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Occurrence of Force Majeure. Seller shall not be liable to Buyers for any interruption of service, delay or failure to perform under this Agreement when such interruption, delay or failure results from causes beyond Seller’s reasonable control as the result of: (a) acts of terrorism, war or other hostilities; or (b) fire, flood, earthquake, tornado, hurricane or other natural disasters. In such event, the obligations hereunder of Seller shall be postponed for such time as its performance is suspended or delayed on account thereof. Upon learning of the occurrence of an event of force majeure, Seller shall promptly notify Buyers in writing. Following a force majeure event, Seller shall use reasonable best efforts to resume its performance with the least possible delay.
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Related to Occurrence of Force Majeure

  • Event of Force Majeure The Recipient will not be in default by reason only of any failure in the performance of the Project in accordance with Schedule 1 – Statement of Work if such failure arises without the fault or negligence of the Recipient and is caused by any event of Force Majeure.

  • Notice of Force Majeure Event 14.2.1. As soon as practicable and in any case within 3 days of the date of occurrence of a Force Majeure Event or the date of knowledge thereof, the Party which is rendered wholly or partially unable to perform any of its obligations under this Agreement because of a Force Majeure Event (the “Affected Party”) shall notify the other party of the same, setting out, inter alia, the following in reasonable detail: a) The nature and extent of the Force Majeure Event ; b) The estimated period for which the Force Majeure Event is expected to last; c) The nature of and the extent to which, performance of any of its obligations under this Agreement is affected by the Force Majeure Event; d) The measures which the Affected Party has taken or proposes to take to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations affected thereby; and e) Any other relevant information concerning the Force Majeure Event, and /or the rights and obligations of the Parties under this Agreement.

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that, such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure. 11.5.2 The Affected Party shall give notice to the other Party of (i) the cessation of the relevant event of Force Majeure; and (ii) the cessation of the effects of such event of Force Majeure on the performance of its rights or obligations/ roles under this Agreement, as soon as practicable after becoming aware of each of these cessations.

  • Effect of Force Majeure Event If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’): (a) the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and (b) the affected party must use its best endeavours to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.

  • Events of Force Majeure Neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under, or in breach of any provision of, this Agreement for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event Medistem or Licensee, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.