RELIEF FROM PERFORMANCE Sample Clauses

The "Relief from Performance" clause allows a party to temporarily suspend or excuse its obligations under a contract when certain unforeseen events occur that are beyond its control, such as natural disasters, government actions, or other force majeure events. In practice, this clause typically outlines the specific circumstances that qualify for relief and may require the affected party to notify the other party promptly and take reasonable steps to mitigate the impact. Its core function is to protect parties from being held liable for non-performance when extraordinary events prevent them from fulfilling their contractual duties, thereby allocating risk and ensuring fairness in unpredictable situations.
RELIEF FROM PERFORMANCE. Except for payment of sums due, the parties are not liable to each other if an occurrence of force majeure prevents its performance under the Contract. If either party is delayed at any time in the progress of their respective performance under the Contract by an occurrence of force majeure, the delayed party shall notify the other no later than the following working day after the occurrence, or as soon as it could reasonably have been expected to recognize that the occurrence had effect in cases where the effects were not readily apparent. In any event, the notice must make specific reference to this paragraph specifying the causes of the delay in the notice and, if the effects of the occurrence are on-going, provide an initial notification and thereafter the delayed party shall provide regular updates until such time as the effects are fully known. To the extent it is able, the delayed party shall cause the delay to cease promptly and notify the other party when it has done so. The parties shall extend the time of completion by Contract Amendment for a period equal to the time that the results or effects of the delay prevented the delayed party from performing.
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RELIEF FROM PERFORMANCE. (a) No Party shall be liable to any other Party if it is rendered unable by an event of Force Majeure to perform, in whole or in part, any obligation or condition of this Agreement (other than any obligation or condition under Sections 3.5(c) to 3.5(d) (Receipts into and deliveries out of the Facilities) and 5.1(b) (Title)), provided that: (i) the Company shall be released from any such obligation only to the extent Barclays is or would be excused from performance thereof as a result of Force Majeure under the ISDA Master Agreement or the Crude Agreements, as applicable, for so long as the event of Force Majeure exists and to the extent such performance is hindered by the Force Majeure; and (ii) the entity unable to so perform shall use commercially reasonable efforts (and for the Company, in accordance with Good Industry Practice), to avoid, overcome or ameliorate the event of Force Majeure. (b) During the period that performance by the Company of the whole or part of any obligation has been suspended by reason of an event of Force Majeure pursuant to paragraph (a) above, Barclays likewise may suspend the performance (including payment) of the whole or part of its obligations to the extent that such suspension is commercially reasonable. (c) If the Company is affected by an event of Force Majeure and some or all of the Facilities are restricted or unavailable for Barclays’ use, the Company shall adjust the storage charges payable under Section 4 (Storage and Services Fees) proportionately so that Barclays is obligated to pay the Company only for Terminaling and Transport Services actually available to Barclays.
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RELIEF FROM PERFORMANCE. (i) Sellers will be excused from a failure to perform a task, function, service, or responsibility under this Agreement in accordance with Section 2(f)(i)(A) only to the extent that Sellers’ performance was: (A) dependent upon an Assumption scheduled in the Services Schedules or Work Orders, and such Assumption turns out to be inaccurate, (B) dependent upon Purchaser’s performance of a Purchaser Responsibility and Purchaser failed to perform, or performed in a deficient manner, such Purchaser Responsibility, or (C) dependent upon Purchaser’s compliance with Section 9 or 26 and Purchaser failed to so comply, (ii) Sellers will be excused from a failure to perform a task, function, service, or responsibility under this Agreement in accordance with the relevant standards required by Section 2(f)(i)(B) only to the extent that Sellers’ performance was: (A) dependent upon an Assumption schedule in the Services Schedules or Work Orders, and such Assumption turns out to be materially inaccurate, (B) dependent upon Purchaser’s performance of a Purchaser Responsibility that Purchaser failed to perform, or performed in a deficient manner, or (C) a direct consequence of Purchaser’s material breach of Section 9 or Section 26, provided that, with respect to both Sections 2(e)(i) and 2(e)(ii): (m) Sellers sufficiently promptly (so as not to prejudice the Purchaser) notified Purchaser upon becoming aware of the Purchaser’s failed or deficient performance of the Purchaser Responsibility or that an Assumption is inaccurate, (n) Purchaser did not cure its failed or deficient performance or relieve Provider’s dependency on such Assumption within such a time period so as to reasonably enable Sellers’ performance in accordance with this Agreement, and (o) Sellers establish that the relevant Provider used commercially reasonable efforts to perform its obligations, including by way of workarounds or other means (all in accordance with the Change procedures set forth in Section 5 of Schedule D (Governance)), notwithstanding Purchaser’s failed or deficient performance or the inaccurate Assumption; and provided further that, with respect to both Sections 2(e)(i)(B) and 2(e)(ii)(B), to the extent that the relevant Purchaser Responsibility relates to the obligations of the Purchaser pursuant to Section 2(j) (Third-Party Consents and Licenses), Seller shall be excused under this Section 2(e) only to the extent Sellers are (y) directed by order of a court of competent jurisdiction to cea...
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RELIEF FROM PERFORMANCE. If either party’s performance of this MSA, any SOF or any obligation (other than the obligation to make payments) hereunder is prevented, restricted or interfered with by causes beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, power outage, storm or other similar occurrence including rain fade or other atmospheric conditions, any law, order, regulation, direction, action or request of any government, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority, or by national emergencies, insurrections, riots, wars, acts of terrorism, strikes, lockouts or work stoppages or other labor difficulties, supplier failures, shortages, breaches or delays, then the party that is unable to perform or meet its obligations due to such causes shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
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RELIEF FROM PERFORMANCE. (a) No Party shall be liable to any other Party if it is rendered unable by an event of Force Majeure to perform, in whole or in part, any obligation or condition of this Agreement, provided that: (i) the Company shall be released from any such obligation only to the extent Barclays is or would be excused from performance thereof as a result of Force Majeure under the ISDA Master Agreement or the Crude Agreements, as applicable, for so long as the event of Force Majeure exists and to the extent such performance is hindered by the Force Majeure; and (ii) the entity unable to so perform shall use commercially reasonable efforts (and for the Company, in accordance with Good Industry Practice), to avoid, overcome or ameliorate the event of Force Majeure. (b) During the period that performance by the Company of the whole or part of any obligation has been suspended by reason of an event of Force Majeure pursuant to paragraph 6.1(a) above, Barclays likewise may suspend the performance (including payment) of the whole or part of its obligations to the extent that such suspension is commercially reasonable.
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RELIEF FROM PERFORMANCE. Subject to the following provisions of this clause 10, we will not be responsible to you for failure to perform or any delay in performing any obligation under this Agreement to the extent that such failure or delay is caused by force majeure.
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RELIEF FROM PERFORMANCE. Except for payment of sums due, the parties are not liable to each other if an occurrence of force majeure prevents its performance under the Contract. If either party is delayed at any time in the progress of their respective performance under the Contract by an occurrence of force majeure, the delayed party shall notify the other no later than the following working day after the occurrence, or as soon as it could reasonably have been expected to recognize that the occurrence had effect in cases where the effects were not readily apparent. In any event, the notice must make specific reference to this paragraph specifying the causes of the delay in the notice and, if the effects of the occurrence are on-going, provide an initial notification and
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RELIEF FROM PERFORMANCE. Except for payment of sums due at the time of Force Majeure, the parties are not liable to each other if an occurrence of force majeure prevents its performance under the Contract. If either party is delayed at any time in the progress of their respective performance under the Contract by an occurrence of force majeure, the delayed party shall provide written notice to the other no later than the following working day after the occurrence, or as soon as it could reasonably have been expected to recognize that the occurrence had effect in cases where the effects were not readily apparent. In any event, the notice must make specific reference to this paragraph specifying the causes of the delay in the notice and, if the effects of the occurrence are on-going, provide an initial notification and thereafter the delayed party shall provide regular updates until such time as the effects are fully known. To the extent it is able, the delayed party shall cause the delay to cease promptly and notify the other party when it has done so. The parties shall extend the time of completion by Contract Amendment for a period equal to the time that the results or effects of the delay prevented the delayed party from performing. 3) DELAY CAUSED BY FORCE MAJEURE IS NOT DEFAULT. Failure in performance by either party will not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits or any other consequential damages if and to the extent that such failure was or is being caused by an occurrence of force majeure. 4)
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Related to RELIEF FROM PERFORMANCE

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • TIMELY PERFORMANCE (a) SELLER's timely performance is a critical element of this Contract. (b) SELLER shall provide LOCKHEED ▇▇▇▇▇▇ status of performance of this Contract when requested. In addition, if SELLER becomes aware of an impending labor dispute involving SELLER or any lower tier subcontractor, or any other difficulty in performing the Work, SELLER shall timely notify LOCKHEED ▇▇▇▇▇▇, in writing, giving pertinent details. These notifications shall not change any delivery schedule.

  • Services Performance All services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).