Excused Performance. Neither Party shall be liable to the other Party under this Agreement for any failure nor delay in performance that is due to causes beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems.
Appears in 10 contracts
Sources: Service Agreement (Broadcaster Inc), Terminal Facility Collocation Agreement (Nettaxi Inc), Terminal Facility Collocation Space Agreement (Verio Inc)
Excused Performance. Neither Party party shall be held liable to the other Party under for any delay or failure in performance of any part of this Agreement for any failure nor delay in performance that is due to causes caused by circumstances beyond its the reasonable controlcontrol of the party affected, including but not limited to, acts of naturethe elements or natural disasters, governmental actionsstrikes, fireselectrical, computer, software, mechanical or power failures, civil disturbancesor military emergencies or acts of legislative, interruptions of power, judicial or transportation problemsother civil authorities.
Appears in 4 contracts
Sources: Website Participation Agreement, Website Participation Agreement, Website Participation Agreement
Excused Performance. Neither Party shall be liable to the other Party under this Agreement for any failure nor or delay in performance that is due to causes beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems.
Appears in 2 contracts
Sources: Agreement for Terminal Facility Collocation Space (Interliant Inc), Agreement for Terminal Facility Collocation Space (Interliant Inc)
Excused Performance. Neither Party party shall be liable to the other Party under this Agreement responsible for any failure nor or delay in performance that is of its obligations under or in connection with this Agreement due to causes beyond its reasonable control, including but not limited to, to acts of natureGod, governmental actions, firesfire, labor difficulty, shortages, war, revolution, civil disturbances, terrorism, sabotage, blockade, embargo, explosion, transportation problems, interruptions of powerpower or of communication, failure of suppliers or subcontractors, or transportation problemsnatural disasters.
Appears in 1 contract
Excused Performance. Neither Party party shall be liable for failure to the other Party under this Agreement deliver or perform or for any failure nor delay in delivery or performance that is due to causes beyond its reasonable controlcontrol including, including but not limited to, to acts of nature, governmental government actions, firesfire, civil disturbances, interruptions of powerpower or communications, or transportation problemsnatural disaster.
Appears in 1 contract
Sources: Lease & Management Agreement
Excused Performance. Neither Party shall be liable to the other Party under this Agreement for any failure nor delay in performance that is us due to causes beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems.
Appears in 1 contract
Sources: Colocation Services Agreement
Excused Performance. Neither Party party shall be liable to the other Party party under this Agreement for any failure nor or delay in performance (other than payment obligations) that is due to causes beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems., or any other force majeure event
Appears in 1 contract
Sources: Master Agreement for Colocation Space (Access Integrated Technologies Inc)
Excused Performance. Neither Party party hereto shall be liable to the other Party under this Agreement for any loss or damage due to its failure nor to perform or delay in performance that hereunder to the extent such performance is due to causes delayed or prevented by contingencies beyond its such party’s reasonable controlcontrol including, including but not limited to, acts of naturestrikes, riots, compliance with laws or governmental actionsorders, pandemics, fires, civil disturbancesflood, interruptions earthquake, terrorism, acts of powerGod or any other cause beyond the reasonable control of such party, or transportation problemsand such failure shall not constitute a breach of this Agreement.
Appears in 1 contract
Sources: Food Service Agreement
Excused Performance. Neither Party party shall be liable to the other Party under this Agreement for any failure nor delay in performance that is due to causes beyond its reasonable control, including including, but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions interruption of power, power or transportation problems.
Appears in 1 contract
Sources: Leased Line / Resale Agreement (Worldwide Wireless Inc)
Excused Performance. Neither Party shall be liable to the other Party under this Agreement for any failure nor or delay in performance that is due to causes beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems, telecommunication fiber cut etc.
Appears in 1 contract
Sources: Services Agreement