Common use of DELAY IN PERFORMANCE Clause in Contracts

DELAY IN PERFORMANCE. 20.1 Neither party shall be liable for failure or delay in the performance of any of its obligations, except obligations for the payment of money, under this Agreement, if such failure or delay is caused by circumstances beyond its reasonable control such as acts of God, riot, or war. Strikes or other labor difficulties which are capable of being terminated on terms unacceptable to the party so affected shall not be considered circumstances within the control of such party.

Appears in 2 contracts

Samples: Research License Agreement (Value Equity Trust), Index License Agreement (Metropolitan Series Fund Inc)

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DELAY IN PERFORMANCE. 20.1 Neither party shall be liable to the other party for failure or delay in the performance of to comply with any of its obligations, except obligations for the payment of money, under this Agreement, if hereunder where such failure or delay is caused by circumstances any reason beyond its it reasonable control such as acts control, including, but not limited to, act of God, riot, strike, lockouts, trade disputes or war. Strikes labor disturbance, accident, breakdown of machinery, fire, flood, storm or other labor difficulties which are capable of being terminated on terms unacceptable to difficulty in obtaining workmen, materials or transport, so long as it resumes compliance as soon as practicable after the party so affected shall not be considered circumstances within the control of such partyreason preventing or delaying compliance no longer exists.

Appears in 2 contracts

Samples: Enterprise Software Advisor Agreement, Enterprise Software Advisor Agreement (Technology Spectrum, Inc.)

DELAY IN PERFORMANCE. 20.1 Neither party shall be liable for failure or delay in the performance of any of its obligationsobligations under this Agreement, except obligations for the payment of money, under this Agreement, if such delay or failure or delay is caused by circumstances beyond its the reasonable control such as acts of God, riot, or warthe party affected. Strikes or other labor difficulties which are not capable of being terminated on terms unacceptable acceptable 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.

Appears in 2 contracts

Samples: Government Integrator Agreement (Software Net Corp), Government Integrator Agreement (Software Net Corp)

DELAY IN PERFORMANCE. 20.1 Neither party shall be liable to the other party for failure or delay in the performance of to comply with any of its obligations, except obligations for the payment of money, under this Agreement, if hereunder where such failure or delay is caused by circumstances any reason beyond its reasonable control such as acts including, but not limited to, act of God, riot, strike, lockouts, trade disputes or war. Strikes labor disturbance, accident, breakdown of machinery, fire, flood, storm or other labor difficulties which are capable of being terminated on terms unacceptable to the party so affected shall not be considered circumstances within the control of such partydifficulty in obtaining workmen, materials or transport.

Appears in 1 contract

Samples: Enterprise Software Advisor Service Agreement (Software Spectrum Inc)

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DELAY IN PERFORMANCE. 20.1 Neither party shall be liable for failure or delay in the performance of any of its obligationsobligations under this Agreement, except obligations for the payment of money, under this Agreement, if such delay or failure or delay is caused by circumstances beyond its reasonable the control such as acts of God, riot, or warthe party affected. Strikes or other labor difficulties which are not capable of being terminated on terms unacceptable acceptable 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 Product in its sole discretion.

Appears in 1 contract

Samples: Channel Agreement (Software Spectrum Inc)

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