Common use of DELAY IN PERFORMANCE Clause in Contracts

DELAY IN PERFORMANCE. Neither party shall be liable for failure or delay in the performance of any of its obligations under this Agreement, except obligations for the payment of money, if such delay or failure is caused by circumstances beyond the reasonable control of the party affected. Strikes or other labor difficulties which are not capable of being terminated on terms acceptable to the party affected shall not be considered circumstances within the control of such party. In the event of Product shortages, MS shall have the right to allocate available supplies of the Products in its sole discretion.

DELAY IN PERFORMANCE. 20.1 Neither party shall be liable for failure or delay in the performance of any of its obligations under this Agreementobligations, except obligations for the payment of money, under this Agreement, if such failure or delay or failure is caused by circumstances beyond the its reasonable control such as acts of the party affectedGod, riot, or war. Strikes or other labor difficulties which are not capable of being terminated on terms acceptable unacceptable to the party so affected shall not be considered circumstances within the control of such party. In the event of Product shortages, MS shall have the right to allocate available supplies of the Products in its sole discretion.

DELAY IN PERFORMANCE. Neither party shall be liable to the other party for failure or delay in the performance of to comply with any of its obligations under this Agreement, except obligations for the payment of money, if hereunder where such delay or failure is caused by circumstances any reason beyond it reasonable control, including, but not limited to, act of God, riot, strike, lockouts, trade disputes or labor disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty in obtaining workmen, materials or transport, so long as it resumes compliance as soon as practicable after the reasonable control of the party affected. Strikes reason preventing or other labor difficulties which are not capable of being terminated on terms acceptable to the party affected shall not be considered circumstances within the control of such party. In the event of Product shortages, MS shall have the right to allocate available supplies of the Products in its sole discretiondelaying compliance no longer exists.

DELAY IN PERFORMANCE. Neither party shall be liable for failure or delay in the performance of any of its obligations under this Agreement, except obligations for the payment of money, if such delay or failure is caused by circumstances beyond the reasonable control of the party affected. Strikes or other labor difficulties which are not capable of being terminated on terms acceptable to the party affected shall not be considered circumstances within the control of such party. In the event of Product shortages, MS shall have the right to allocate available supplies of the Products Product in its sole discretion.

DELAY IN PERFORMANCE. Neither party shall be liable to the other party for failure or delay in the performance of to comply with any of its obligations under this Agreement, except obligations for the payment of money, if hereunder where such delay or failure is caused by circumstances any reason beyond the its reasonable control including, but not limited to, act of the party affected. Strikes God, riot, strike, lockouts, trade disputes or other labor difficulties which are not capable disturbance, accident, breakdown of being terminated on terms acceptable to the party affected shall not be considered circumstances within the control of such party. In the event of Product shortagesmachinery, MS shall have the right to allocate available supplies of the Products fire, flood, storm or difficulty in its sole discretionobtaining workmen, materials or transport.