Relief from Liability Sample Clauses

Relief from Liability. 13.2.1 Subject to Clauses 13.2.2 and 13.2.3, the affected Party shall be relieved from liability for any delay or failure in the performance of any obligation under this Agreement which is caused by or results from Force Majeure. 13.2.2 The affected Party shall be relieved from liability under Clause 13.2.1 only for so long as and to the extent that the occurrence of Force Majeure and/or the effects of such occurrence could not be overcome by measures which the affected Party might reasonably be expected to take with a view to resuming performance of its obligations. 13.2.3 The provisions of this Clause 13 shall not excuse a failure to pay money when due hereunder.

Relief from Liability. A Party (an Affected Party) shall be relieved from liability (except for any accrued payment obligations) for any delay in the performance of, or inability to perform, an obligation under this Agreement which is directly caused by or results from a Force Majeure Event, for so long as the inability to perform continues.

Relief from Liability. Seller’s Failure to Remit. If the Seller does not remit to the Contractor all or part of the Seller Taxes prior to the due date of the returnremittance, the Contractor shall timely file the required return and notify the Executive Director and the Seller of the failure to remit within ten (10) business days after the due date of the remittance to the Streamlined State. This notice shall indicate which return period is impacted by the Seller’s failure to remit. The Contractor is not required to provide the notice in this section to the Executive Director if the Seller remits the Taxes Due to the Contractor after the due date and the Contractor remits those Taxes Due to the Streamlined State within ten (10) business days of the due date of that remittance. To the extent that sales and use taxes were not remitted by a Seller and such notice is provided, the Contractor shall be relieved of the obligation for payment of the applicable taxes for that reporting period due to the Streamlined State, plus any additional charges or amounts that the laws of the Streamlined State impose for the nonpayment of sales and use taxes, and the Contractor shall not have breached the Contract. If the Contractor has timely filed the return without payment and provided the notice required under this section and the Seller subsequently remits the Taxes Due to the Contractor within 60 days of the due date of the remittance, unless a longer period is offered by the State, the Contractor shall still be entitled to the compensation provided in this contract for those Taxes Due provided the Contractor remits those Taxes Due to the Streamlined State within ten (10) business days after receiving the Taxes Due from the Seller. If the Seller does not remit the Taxes Due to the Contractor within 60 days of the due date, unless a longer period is offered by the state, or the Seller remits the Taxes Due directly to the Streamlined State, the Contractor may pursue the lost compensation from the Seller. Nothing in this Contract relieves a Seller from its sales and use tax obligations to a Streamlined State to the extent that the Seller has not remitted such taxes to the Contractor by the due date of the return. Upon notification by a Streamlined State that any Seller has failed to remedy the delinquencies for more than one payment period, the Contractor may discontinue providing services for that Seller. In the event services are discontinued, the Contractor shall discontinue providing CSP Serv...

Relief from Liability. 10.1.1 A Party ("Affected Party") shall not be liable to the other Party for failure or delay in performing any of its obligations under the Network Code and this Agreement to the extent that the failure or delay results from a Force Majeure Event or the effects of a Force Majeure Event. 10.1.2 If the Transporter is the Affected Party and its ability to take over Gas at the Contracted Entry Point, or to deliver Gas at the Contracted Exit Point, is only partially affected by a Force Majeure Event, the Transporter shall allocate capacity pro-rata between all users. 10.1.3 Affected Party shall, acting as Reasonable and Prudent Operator, undertake all reasonable steps to diminish negative effects of each Force Majeure Event, and fulfil its obligations from the Network Code and/or this Agreement to the extent possible, while the other Party which is not Affected Party shall use reasonable endeavours to diminish the damage that may incur for it due to the Force Majeure Event.

Relief from Liability. The Provider shall not be liable to the Council for a Performance Default to the extent that it is directly caused by a breach of contract by the Council or Fellow Provider provided that the Provider has notified the Council in writing as soon as it has come to the Provider's attention that such an event has or will occur.

Relief from Liability. Termination of the Employee’s employment and the Agreement in accordance with this Section 6 shall relieve the Company from any and all obligation, liability or claim by the Employee exclusive of monies owing to the Employee up to the Company Termination Date and this subsection 6(c) shall survive termination of this Agreement

Relief from Liability. No Party shall be liable for any failure in the fulfillment of any of its obligations under this Agreement (other than the obligation to pay the purchase price of Products sold and delivered) to the extent that such failure is due to any prevention, delay, interruption, loss or damage occasioned by Force Majeure; provided that reasonable steps are taken to mitigate the consequences of such Force Majeure and to bring it to an end as soon as reasonably possible; and provided, further, that such Party has given notice of such Force Majeure to the other Party pursuant to Section 18.2.

Relief from Liability. Malacca Securities shall not have any liability under or be deemed to be in breach of this Agreement for any failure or delay in the performance of its obligations under this Agreement which result from a Force Majeure Event as defined in Clause 11.2 (Force Majeure Events).

Relief from Liability. The Provider shall not be liable to the Council for a Performance Default to the extent that it is directly caused by a breach of contract by the Council or Fellow Provider provided that the Provider has notified the Council in writing as soon as it has come to the Provider's attention that such an event has or will occur. Without prejudice to the Provider's rights pursuant to this Clause 36, if the Council commits a repudiatory breach of contract, the Provider shall be entitled to terminate the Contract by notice in writing provided it first notifies the Council in writing of the breach of contract, stating its intention to issue a termination notice and giving the Council a period to remedy the breach, such period being reasonable in the circumstances and, in any event not less than 20 (twenty) Working Days or such other longer period as may be reasonable in the circumstances having regard to the nature and effect of the breach. If the Council remedies the breach within such period the Provider shall not be entitled to accept the repudiation and/or terminate the Contract. In the event of a Performance Default the Council shall issue a Default Notice to the Provider which shall state on its face whether, in the reasonable opinion of the Contract Manager, the Performance Default is either a Critical Performance Default or Non-Critical Performance Default. For the avoidance of doubt, a single Default Notice covering more than one Performance Default may be issued validly under this Clause 36.7 and further a PAMMS Assessment finding of “poor” for the Provider is a Critical Performance Default and a finding of “needs improvement” is a Non-Critical Performance Default and this Clause 36 shall be applied accordingly. If the Provider disputes whether a Performance Default is a Critical Performance Default, the matter shall be referred to the Dispute Resolution Procedure and if the dispute remains unresolved, to the Courts.