Unforeseeable difficulties Sample Clauses

The "Unforeseeable difficulties" clause defines how parties should handle situations that arise unexpectedly and could not have been anticipated at the time of contract formation. Typically, this clause outlines procedures for notifying the other party, adjusting timelines, or renegotiating terms if such difficulties occur, such as natural disasters, sudden regulatory changes, or supply chain disruptions. Its core function is to allocate risk and provide a fair mechanism for addressing challenges that are beyond the reasonable control of either party, thereby ensuring the contract remains workable even in the face of unforeseen events.
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Unforeseeable difficulties. Except as otherwise specified in the Agreement: a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works and providing maintenance services; b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and c) the Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. d) The Maintenance Period shall not be extended due to any unforeseen difficulties. For the purposes of this Clause, unforeseeable difficulties include physical conditions like man-made or natural physical conditions including sub-surface and hydrological conditions which the Contractor encounters at the Site during execution of the Works and Maintenance Services.
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Unforeseeable difficulties. ExceptasotherwisestatedintheAgreement: theContractoracceptscompleteresponsibilityforhavingforeseenalldifficultiesandcosts of successfullycompleting the Works; theContractPriceshallnotbeadjustedtotakeaccountofanyunforeseendifficultiesorcost s; and theScheduledCompletionDateshallnotbeadjustedtotakeaccountofanyunforeseendiffi cultiesor costs.
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Unforeseeable difficulties. Except as otherwise stated in the Agreement:
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Unforeseeable difficulties. Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs.
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Unforeseeable difficulties. Except as otherwise stated in the Contract: (a) the Contractor shall be deemed to have obtained all necessary information as to potential risks, contingencies and other circumstances which may influence or affect the Works; (b) by signing t he C ontract, t he C ontractor accepts total r esponsibility a nd risk for ha ving foreseen all difficulties and costs of successfully completing the Works; (c) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (d) the C ontractor ▇▇ ▇ ▇ eviewed, and taken into account t he r equirements o f, the P roject Documents and acknowledges the provisions and requirements of the Power Purchaser and Project Documents including the time periods contemplated under the Project Documents (a) within which the counterparties are required to comply with their obligations and/or respond to not ices and r equests and ( b) b efore t he expiry of w hich no c laim f or any payment, compensation, extension or allowance of time or any other relief is permitted. All s uch pr ovisions, r equirements and time-periods sha ll b e de emed reasonably foreseeable by the Contractor and, notwithstanding any other provision of this Contract, no claim for payment, compensation, extension or allowance of time or other relief shall be permitted in respect thereof.
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Unforeseeable difficulties. Except as otherwise specified in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. For the purposes of this Clause, unforeseeable difficulties include physical conditions like man-made or natural physical conditions including sub- surface and hydrological conditions which the Contractor encounters at the Site during execution of the Works.
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Unforeseeable difficulties. Except as otherwise stated in the Contract: (a) the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Works; (b) by signing the Contract, the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works; and (c) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs.
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Unforeseeable difficulties. The Parties may request mutually-agreed termination of the contract in the event that unforeseeable difficulties, the resolution of which would entail the employment of resources out of proportion with the contract value, occur over the course of service provision. In such circumstances, the Client will be obliged to pay for services, additional services and any duly justified expenses incurred by the Service Provider only on the basis of time actually spent.
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Unforeseeable difficulties. Except as otherwise stated in the Contract or in written amendments to this Contract signed by the Parties: (a) the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Works; (b) by signing the Contract, the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works; and (c) the Contract Price may be adjusted to take account of any unforeseen difficulties or costs as agreed to between the Parties and the financial institution providing the funding for the Project/s in Addendum/s to this PPP Agreement.
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Related to Unforeseeable difficulties

  • Unforeseeable Emergency In the event of a Participant’s Unforeseeable Emergency, such Participant may request an emergency withdrawal from his or her Account. Any such request shall be subject to the approval of the Administrator, which approval shall not be granted to the extent that such need may be relieved (i) through reimbursement or compensation by insurance or otherwise or (ii) by liquidation of the Participant’s assets (to the extent the liquidation of such assets would not itself cause severe financial hardship). A Participant may withdraw all or a portion of his or her Account due to an Unforeseeable Emergency; provided, however, that the withdrawal shall not exceed the amount reasonably needed to satisfy the need created by the Unforeseeable Emergency.

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence: a. The Commissioner may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or b. The Contractor will make commercially reasonable efforts to provide Authorized Users with access to Products first in order to fulfill orders placed before the Force Majeure event occurred. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during the occurrence of the Force Majeure event. Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a Force Majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss. Failure of the Contractor to agree to any adjustment shall be a dispute under the Disputes clause; provided however, that nothing in this clause shall excuse the Contractor from performing in accordance with the Contract as changed.

  • Financial Hardship (a) A Financial Hardship distribution may only be made on account of an immediate and heavy financial need of the Participant, and where the distribution is necessary to satisfy the immediate and heavy financial need. A Financial Hardship distribution will only be considered as necessary to satisfy an immediate and heavy financial need of the Participant if the distribution is not in excess of the amount of the immediate and heavy financial need (including amounts necessary to pay any federal, state or local income taxes or penalties reasonably anticipated to result from the distribution); (b) Financial Hardship shall be determined in accordance with Code Section 403(b), and the regulations thereunder, and the Employer’s or Custodian’s hardship policy and procedures, if applicable. The following are the only financial needs considered immediate and heavy: (1) expenses incurred (or necessary to obtain) for medical care that would be deductible under Code Section 213(d), determined without regard to the limitations in Code Section 213(a) (relating to the applicable percentage of adjusted gross income and the recipients of the medical care) provided that, if the recipient of the medical care is not listed in Code Section 213(a), the recipient is a primary beneficiary under the Plan (as that term is defined in Treas. Reg. 1 401(k)-1(d)(3)(ii)(C); (2) costs directly related to the purchase (excluding mortgage payments) of a principal residence for the Participant; (3) payment of tuition and related educational fees for the next twelve (12) months of post-secondary education for the Participant, the Participant’s spouse, children or dependents, or the Participant’s primary beneficiary; (4) payment necessary to prevent the eviction of the Participant from, or a foreclosure on the mortgage of, the Participant’s principal residence; (5) payments for funeral or burial expenses for the Participant’s deceased parent, spouse, child or dependent, or the Participant’s primary beneficiary; (6) expenses to repair damage to the Participant’s principal residence that would qualify for a casualty loss deduction under Code Section 165 (determined without regard to whether the loss exceeds ten percent (10%) of adjusted gross income; and (7) expenses and losses, including loss of income, incurred by the Participant on account of a disaster declared by the Federal Emergency Management Agency (FEMA), provided that the Participant’s principal residence or principal place of employment at the time of the disaster was located in an area designated by FEMA for individual assistance with respect to the disaster.

  • Unforeseen Circumstances As a rule, the contractor is not entitled to any modification of the contractual terms due to circumstances of which the contracting authority was unaware. A decision of the Belgian State to suspend cooperation with a partner country is deemed to be unforeseeable circumstances within the meaning of this article. Should the Belgian State break off or cease activities which implies therefore the financing of this procurement contract, ▇▇▇▇▇▇ will do everything reasonable to agree a maximum compensation figure.

  • Hardship In the event the Investor sells the Company's Common Stock pursuant to subsection (c) above and the Company fails to perform its obligations as mandated in Section 2.5 and 2.2 (c), and specifically fails to provide the Investor with the shares of Common Stock for the applicable Advance, the Company acknowledges that the Investor shall suffer financial hardship and therefore shall be liable for any and all losses, commissions, fees, or financial hardship caused to the Investor.