Common use of Uncontrollable Events Clause in Contracts

Uncontrollable Events. (1) Neither of us will be in default under this Agreement if the default is caused by an Uncontrollable Event. (2) If either of us is affected by an Uncontrollable Event, the party affected must: (a) notify the other party of: (i) the nature of the circumstances giving rise to the Uncontrollable Event; (ii) the extent of the affected party's inability to perform; and (iii) the likely duration of that non-performance; (b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and (c) perform the obligation affected by the Uncontrollable Event as soon as possible. (3) The DHB may, after consulting with the PHO, make alternative arrangements for the provision of the Services during the period in which the PHO is unable to Provide the Services as a result of an Uncontrollable Event, and for such reasonable time afterwards as the DHB had to agree with the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services . (4) If either of us is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we must try to agree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party. (5) If we do not reach an agreement under subclause (4) within two months after receipt of the notice under subclause (2), either of us may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.

Appears in 7 contracts

Sources: Pho Services Agreement, Pho Services Agreement, Pho Services Agreement

Uncontrollable Events. (1) Neither of us will be in default under this Agreement if the default is caused by an Uncontrollable Event. (2) If either of us is affected by an Uncontrollable Event, the party affected must: (a) notify the other party of: (i) the nature of the circumstances giving rise to the Uncontrollable Event; (ii) the extent of the affected party's inability to perform; and (iii) the likely duration of that non-performance; (b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and (c) perform the obligation affected by the Uncontrollable Event as soon as possible. (3) The DHB may, after consulting with the PHO, make alternative arrangements for the provision of the Services during the period in which the PHO is unable to Provide the Services as a result of an Uncontrollable Event, and for such reasonable time afterwards as the DHB had to agree with the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services . (4) If either of us is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we must try to agree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party. (5) If we do not reach an agreement under subclause (4) within two 2 months after receipt of the notice under subclause (2), either of us may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.

Appears in 2 contracts

Sources: Pho Services Agreement, Pho Services Agreement

Uncontrollable Events. (1) 21.1 Neither of us will be in default under this Agreement if the default is caused by an Uncontrollable Event. (2) 21.2 If either of us is affected by an Uncontrollable Event, the party affected must: (a) notify the other party of: (i) the nature of the circumstances giving rise to the Uncontrollable Event; (ii) the extent of the affected party's inability to perform; and (iii) the likely duration of that non-performance; (b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and (c) perform the obligation affected by the Uncontrollable Event as soon as possible. (3) 21.3 The DHB PHO may, after consulting with the PHOContracted Provider, make alternative arrangements for the provision of the Services during the period in which the PHO Contracted Provider is unable to Provide the Services provide them as a result of an Uncontrollable Event, Event (and for such reasonable time afterwards as may be necessary to secure an alternative provider at the DHB had to agree with time the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services arrangement is entered into). (4) 21.4 If either of us is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we must try to agree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party. (5) 21.5 If we do not reach an agreement under subclause (4) clause 21.4 within two months after receipt of the notice under subclause (221.2(a), either of us may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.

Appears in 2 contracts

Sources: Contracted Provider Agreement, Contracted Provider Agreement

Uncontrollable Events. (1) 20.1 Neither of us party will be in default under this Agreement if the default is caused by an Uncontrollable Event. (2) 20.2 If either of us party is affected by an Uncontrollable Event, the party affected must: (a) notify the other party of: (i) the nature of the circumstances giving rise to the Uncontrollable Event; (ii) the extent of the affected party's inability to perform; and (iii) the likely duration of that non-performance; (b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and (c) perform the obligation affected by the Uncontrollable Event as soon as possible. (3) 20.3 The DHB Mobile Dental Provider may, after consulting with the PHOSubcontractor, make alternative arrangements for the provision of the Services during the period in which the PHO Subcontractor Provider is unable to Provide the Services provide them as a result of an Uncontrollable Event, Event (and for such reasonable time afterwards as may be necessary to secure an alternative provider at the DHB had to agree with time the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services arrangement is entered into). (4) 20.4 If either of us party is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we the parties must try to agree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party. (5) 20.5 If we the parties do not reach an agreement under subclause (4) clause 20.4 within two months after receipt of the notice under subclause (220.2(a), either of us party may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.

Appears in 1 contract

Sources: Sub Contracting Agreement

Uncontrollable Events. (1) Neither of us will be in default under this Agreement if the default is caused by an Uncontrollable Event. (2) If either of us is affected by an Uncontrollable Event, the party affected must: (a) notify the other party of: (i) the nature of the circumstances giving rise to the Uncontrollable Event; (ii) the extent of the affected party's inability to perform; and (iii) the likely duration of that non-performance; (b) take all reasonable steps to remedy, or reduce the impact of, the Uncontrollable Event; and (c) perform the obligation affected by the Uncontrollable Event as soon as possible. (3) The DHB may, after consulting with the PHO, make alternative arrangements for the provision of the Services during the period in which the PHO is unable to Provide the Services as a result of an Uncontrollable Event, and for such reasonable time afterwards as the DHB had to agree with the alternative provider in order for the DHB to be able to procure the alternative provider to Provide the Services . (4) If either of us is unable to perform an obligation under this Agreement for 20 Business Days or more because of an Uncontrollable Event, we must try to agree ag ree to what extent, if any, the obligation in question can be varied or continued to be performed by the affected party. (5) If we do not reach an agreement under subclause (4) within two months after receipt of the notice under subclause (2), either of us may terminate the relevant Service or this Agreement by giving the other at least 20 Business Days' notice.

Appears in 1 contract

Sources: Pho Services Agreement