Common use of Failure or Delay in Performance Clause in Contracts

Failure or Delay in Performance. Notwithstanding anything to the contrary contained herein, in no event shall Teleflora be liable to Merchant, or be deemed to have breached any provision of this Agreement, for any failure or delay by Teleflora (or any employee, agent or representative of Teleflora) in performing any obligation of Teleflora under this Agreement, if such failure or delay is caused by an event or condition beyond Teleflora’s control, including, without limitation, errors or omissions of the Process Center or the Teleflora Bank.