Force Majeure

Force Majeure. Means an event or circumstance that prevents a Party from performing its obligations under this Agreement, but only if the event or circumstance: is not within the reasonable control of the affected Party; is not the result of the fault or negligence of the affected Party; and could not, by the exercise of due diligence, have been overcome or avoided. "Force Majeure" excludes: lack of a market; unfavorable market conditions; and economic hardship.

Force Majeure. Means natural catastrophes, strikes, lockouts, or other industrial disturbances, acts of the public enemy, wars, declared or undeclared, blockades, insurrections, riots, fires, civil disturbances, explosions, curtailment of power or natural gas, compliance with laws, governmental regulations, orders and requests, whether valid or not, curtailment or other inability to obtain equipment, supplies, materials, including Grain, or transportation facilities, breakdown of facilities, machinery or... equipment and any other cause whether of the kinds herein enumerated or otherwise, not within the reasonable control of the party claiming suspension, all of which by the exercise of due diligence such party could not have reasonably foreseen and provided against; provided, however, that the settlement of strikes or lockouts shall be entirely within the discretion of the party having the difficulty. View More

Force Majeure. Means any cause or condition beyond the reasonable control of the party obliged to perform, including acts of God, acts of government (in particular with respect to the refusal to issue necessary import or export licenses), fire, flood, earthquake, war, acts of terrorism, riots or embargoes, strikes or other labour difficulties affecting a party.

Force Majeure. Any interruptions to the business of either party caused as a result of any acts beyond their control including: war, acts of internal aggression, violence, arson, vandalism, acts of wanton destruction, fires, storms, hurricanes, floods, earthquakes, or other natural disasters or acts of God, strikes, lockouts, or other labor disputes, disruption of constant power supply for more than 48 hours, disruptions to the satellite linkage with Spheris, software and hardware crashes, and changes in law... that limit or prohibit the Services to be provided hereunder. View More

Force Majeure. Means an event beyond the control of either Party, which by its nature could not have been foreseen by such Party, or, if it could have been foreseen, was unavoidable and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) and the failure of energy sources.

Force Majeure. Means events of nature (including, without limitation, weather and flooding), labor disputes, industrial disputes or disturbances, civil disturbances, interruptions by government or court order, valid orders of any regulatory body having proper jurisdiction, acts of the public enemy, wars, riots, insurrections, inability to secure materials (including, without limitation, inability to secure materials by reason of allocations promulgated by authorized governmental agencies), epidemics, fires,... explosions, terrorist acts, breakage or accident to machinery, or any other cause, whether of the kind herein enumerated or otherwise, SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH THREE ASTERISKS (* * *). not reasonably within the reasonable control of the party claiming inability to perform as a result thereof and shall, as to Seller, include, without limitation, any action or inaction by the lessor under Seller's lease with respect to any Plant that breaches the lease to the extent that such action or inaction materially interferes with Seller's ability to produce or sell Sand from any Plant, unless such action or inaction is caused by a breach by Seller of the provisions of such lease, any agreement to which Seller is a party or applicable law; provided, that in no event shall "Force Majeure" include economic hardship or any change in Buyer's Sand needs or any inability to take delivery of Sand (unless such inability is directly caused by an event that would otherwise constitute Force Majeure hereunder). View More

Force Majeure. Shall have the meaning set forth by Article 15;

Force Majeure. Means, in relation to either Party, any circumstances beyond the reasonable control of that Party (including, without limitation, fire, floods, embargoes, shortages, epidemics, quarantines, war, acts of God, acts, omissions or delays in acting by any governmental authorities and any strike, lock-out or other form of industrial action).

Force Majeure. Means an event which shall prevent Supplier from performing, or causes a delay in, the performance of, any obligation required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure goods, failure of power, riots, insurrection, fires, floods, explosions, vandalism, acts of a governmental authority, failure of transportation not under the reasonable control of Supplier, acts of terrorism, whether foreign or domestic, war, armed conflict, or other reasons of a like nature... which are beyond the control of Supplier. View More

Force Majeure. Means any events beyond the control of a Party, including, but not limited to: fires, hurricanes, tornadoes, floods, riots, strikes, labor disputes, freight embargoes or transportation delays, shortage of labor, acts of God or of the public enemy or any existing or future laws, rules, regulations, or acts of any federal, state, local or foreign government (including specifically, but not exclusively, any orders, rules or regulations issued by any official or agency of any such government),... that would delay or prohibit performance hereunder. View More