Common use of Performance of Service Clause in Contracts

Performance of Service. USSI shall exercise reasonable care in the performance of its duties under this Agreement. UNCONTROLLABLE EVENTS USSI assumes no responsibility hereunder, and shall not be liable, for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control, including, without limitation, failure of hardware and software provided by third persons. The foregoing does not relieve USSI from acting in a commercially reasonable manner and using its best efforts to recover from any such failure, delay or loss.

Performance of Service. USSI shall exercise reasonable care in the performance of its duties under this Agreement. UNCONTROLLABLE EVENTS USSI assumes no responsibility hereunder, and shall not be liable, for any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control, including, without limitation, failure of hardware and software failures and pricing data provided by third persons. The foregoing does not relieve USSI from acting in a commercially reasonable manner and using its best efforts to recover from any such failure, delay or loss.