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Force majeure

Posted: Sun Dec 22, 2024 11:04 am
by Jahangir487
9.1 With the exception of Client’s obligation to pay the Fees, neither party shall be liable for any failure to perform its obligations under this Agreement if such performance is hindered or prevented by any matter beyond the reasonable control of the party whose performance is hindered or prevented (including without limitation by reason of any pandemic or any catastrophic failure, interruption, or degradation of any third party telecommunications network or system or hardware or the Internet or any part of it) (a “Force Majeure Event”). If a Force Majeure Event continues for more than one (1) month then either party may immediately terminate this Agreement on written notice to the other (provided that the Force Majeure Event is still continuing on the date of that notice).

10. General

10.1 No provision of this Agreement, including the nature of the Services or the Deliverables to be produced, may be amended, modified, discharged or terminated other than by the express written agreement of the parties. Client acknowledges that any requests to amend the scope of Services or Deliverables may result in an increase in Fees and/or extension of any timescales.

10.2 No failure or delay by either party in exercising any right, power or privilege under this Agreement indian mobile number list shall operate as a waiver thereof nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.

10.3 This Agreement may be signed in counterparts. Any signature of this Agreement by digital or electronic means is legally binding.

10.4 Any notice must be in writing, and be addressed to the other party’s Relationship Manager. Notices must be delivered by hand or by recorded delivery or courier. Any notice shall be deemed to have been served if delivered by hand, at the time and date of delivery; and if sent by recorded delivery or courier, upon the date of receipt (as evidenced by signature).

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10.5 Nothing in this Agreement will be deemed to create a partnership or agency or joint venture between the parties.

10.6 This Agreement constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral, and each party hereby acknowledges that no reliance is placed on any representation made by the other party before the date of this Agreement but not embodied in this Agreement.

10.7 If any provisions of this Agreement shall be held illegal or unenforceable by a court of competent jurisdiction then such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby in which case this Agreement shall automatically terminate.

10.8 Neither party may assign or transfer the benefit of this Agreement without the prior written consent of the other party.

10.9 No term of this Agreement shall be enforceable by a person who is not a party to this Agreement.

10.10 This Agreement and any non-contractual obligations arising under it shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.