Frustration of Performance Sample Clauses
The Frustration of Performance clause defines the circumstances under which contractual obligations may be discharged if unforeseen events make performance impossible or radically different from what was agreed. In practice, this clause applies when events such as natural disasters, government actions, or other extraordinary occurrences prevent one or both parties from fulfilling their contractual duties through no fault of their own. Its core function is to allocate risk and provide a fair resolution when external factors fundamentally disrupt the contract, thereby protecting parties from liability in situations beyond their control.
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Frustration of Performance. In the event our staff reports to your site to work and is unable to work a full or a portion of an onsite day because of equipment failure, early closing, meetings that suspend work, your failure to make your employees available as necessary, your failure to satisfy previously identified prerequisites, or any other factor not under our control, we will bill for a full or the appropriate portion of a normal onsite day for each staff member so affected. Any such time billed will be considered by the parties to be outside the scope of the Ordering Document and an addition to the Professional Services fees.
Frustration of Performance. In the event JMT staff reports to Client's site to work and is unable to work a full or a portion of an 8-hour day because of Client's equipment failure, Client's early closing, Client's meetings that suspend work, Client’s failure to make its employees available as necessary, Client’s failure to satisfy previously identified prerequisites, or any other factor under Client’s control, JMT will ▇▇▇▇ for a full, or the appropriate portion of a normal 8-hour day for each staff member so affected. Any such time billed will be considered by the parties to be in addition to the Cost Summary provided above.