Excused from Performance Sample Clauses

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Excused from Performance. Any failure of either Party to perform may be excused only for proven sickness or injury, civil tumult or riot, epidemics, acts of God, or other conditions beyond the control of the party. Performer or Performer’s agent must notify FAMU immediately of any reason which might result in Performer’s failure to perform on the scheduled date. FAMU reserves the right to approve/substitute any other performer for Performer in the event that Performer is not able to perform as scheduled.
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Excused from Performance. Except with regard to a Party’s obligation to make payment(s) under this Agreement, neither Party shall be liable to the other for failure to perform a Firm obligation; to the extent such failure was caused by Force Majeure. The term “
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Excused from Performance. Subject to the Section 15.3, neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Services to the extent such default, failure or interruption is caused by, directly or indirectly, acts of God, civil or military authority, unforeseen unavailability of suitable parts, materials, labor or transportation, or any similar unforeseen cause beyond the Party’s reasonable control but only if the delayed Party: (a) gives the other Party written notice of such cause within one (1) business day; (b) uses commercially reasonable efforts to correct such failure or reduce the delay in its performance; and (c) followed commercially prudent standards for mitigating the risk associated with such event, in light of the severity of damages such event could cause the other Party, [text deleted] including, without limitation, maintaining adequate inventories of replacement parts and equipment and materials, and maintaining adequate human resource procedures to reduce reliance on certain employees or contractors. Neither Party’s performance under this Agreement shall be excused under this Section for a period of more than thirty (30) days.
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Excused from Performance. The parties shall be excused from performing any of their respective obligations under this Agreement and shall not be liable in damages or otherwise on account of the non-performance, for so long as and to the extent that such party is unable to perform such obligation as a result of any Force Majeure Event.
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Excused from Performance. If and for so long as a Force Majeure Event occurs, the non-performing party is excused from further performing or observing the obligation(s) affected. In the event of a strike or labor dispute, the parties will meet to agree upon a workaround for the issues preventing performance.
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Excused from Performance. Prop shall be excused from the performance of its obligations hereunder and shall not be responsible or liable for any loss, damages (including consequential damages), detention, or delay resulting from accidents, strikes, lockouts, fire, freezing, flood, explosion, theft, lightning, vandalism, abnormal use of equipment, failure of power supply, blown fuses, windstorm, earthquake, floods, storms, riot, civil commotion, malicious mischief, Act of God or any cause beyond the reasonable control of Prop, whether or not the same is herein specified.
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Excused from Performance. Performance under the agreement by ▇▇▇▇▇▇ & Noble will be excused only by reason of the following causes: Section A. When such a performance is prevented by destruction or damage to the premises not caused by ▇▇▇▇▇▇ & ▇▇▇▇▇▇’ negligence. Section B. When such performance is prevented by an act of the University, of the State of Minnesota, or of the United States of America, or because riots, war, public, disturbances, fires floods, Acts of God or nature, or any other reason whatsoever which is not within the control of ▇▇▇▇▇▇ & Noble. Section C. When such performance is prevented by any job action conducted by any employee organization which prevents patrons from utilizing ▇▇▇▇▇▇ & ▇▇▇▇▇ services. Section D. When such a performance is prevented by exercise of the power of eminent domain. Section E. With the exception of monies already due and owing to the University, performance of this agreement shall be suspended and excused to the extent commensurate with such interfering occurrences. ▇▇▇▇▇▇ & Noble assumes all risk of loss due to temporary suspension of operation regardless of cause.
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Related to Excused from Performance

  • 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.

  • 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.

  • 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).

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.

  • 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.