Delaying Causes. Subject to the provisions of this Article, Supplier will not be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond Supplier's control and without Supplier's fault or negligence (a "delaying cause"). Notwithstanding the above, Supplier will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 14 above.
Delaying Causes. SECTION 28.01. If either party is delayed in the performance of any covenant of this Lease because of any of the following causes: unusual action of the elements, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor, materials or merchandise in the normal channels of trade, delay in transportation, delay in inspections, governmental action or inaction where action is required, or any cause beyond the reasonable control of the party so obligated, whether similar or dissimilar to the foregoing (except for any delay on account of financial inability), then such performance shall be excused for the period of the delay and the period such performance shall be extended for a period equivalent to the period of such delay, except that the foregoing shall in no way affect (i) Tenant's obligation to pay rent or other monetary obligations hereunder, or (ii) the length of the term.
Delaying Causes. If either party is delayed in the performance of any covenant of this Lease because of any of the following causes (referred to elsewhere in this Lease as a “delaying cause”): acts of the other party, action of the elements, war, riot, labor disputes, inability to procure or general shortage of labor or material in the normal channels of trade, delay in transportation, delay in inspections, or any other cause beyond the reasonable control of the party so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, then, such performance shall be excused for the period of the delay; and the period for such performance shall be extended for a period equivalent to the period of such delay, except that the foregoing shall in no way affect Tenant’s obligation to pay rent or any other amount payable hereunder, or the length of the term of this Lease.
Delaying Causes. If either party is delayed in the performance of any covenant of this Lease because of any of the following causes: acts of God, war, riot, labor dispute, inability to procure or general shortage of labor or material in the normal channels of trade, delay in transportation, delay in inspections, governmental action or moratorium, or any other cause beyond the reasonable control of the party so obligated, whether similar or dissimilar to the foregoing, financial inability excepted, then such performance shall be excused for the period of the delay and the period for such performance shall be extended for a period equivalent to the period of such delay, except that the foregoing shall in no way affect (i) Tenant’s obligation to pay the Basic Rent or any other amount payable under this Lease; or (ii) the length of the Term of this Lease.
Delaying Causes. Neither party will be liable for any delay in performance under this Agreement caused by any act of God or other cause beyond Supplier’s reasonable control and without Supplier’s fault or negligence including but not limited to fire, flood, war, embargo, riot or an unforeseeable intervention of any government authority, which causes complete business interruption (a “Delaying Cause”). A Delaying Cause does not include delays in transportation, shortages of materials, delays by manufacturers or Subcontractors or economic considerations or inefficiencies. No Delaying Cause will suspend or excuse either party’s obligations as set forth in Articles 15, 21 and 22.
Delaying Causes. Subject to the provisions of this Article, Foundry will --------------- not be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond Foundry's control and without Foundry's fault or negligence (a "delaying cause") Notwithstanding the above, Foundry will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 14 above. ----------
Delaying Causes. Subject to the provisions of this Section, neither party will be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond that party's control and without that party's fault or negligence (a "delaying cause"). Notwithstanding the above, neither party will be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Sections 4 and 15 above, nor shall HP be relieved of its obligations for payment due EMS. Each party experiencing a delaying cause will immediately give the other notice of such delaying cause and an estimate of its duration, and the other party may act in its sole discretion to terminate this Agreement or any part hereof or suspend this Agreement in whole or in part for the duration of the delaying cause.
Delaying Causes. Subject to the provisions of this Article, ION Networks, Inc. will not be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond ION Networks, Inc. control and without ION Networks, Inc. fault or negligence (a "delaying cause"). Notwithstanding the above, ION Networks, Inc. will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 14 above.
Delaying Causes. Subject to the provisions of this Article 17, Supplier will not be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond Supplier's control and without Supplier's fault or negligence (a "delaying cause"). Notwithstanding the above, Supplier will not be relieved of any liability for any delay or failure to perform its defense obligations with respect to * CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. BROCADE/HP CONFIDENTIAL third party Intellectual Property Rights or furnish remedies for Infringing Products as described in Article 14 above.
Delaying Causes. Subject to the provisions of this Section, Supplier shall not be liable for any delay in performance under this Agreement caused by any "act of God" or other cause beyond Supplier's control and without Supplier's fault or negligence, or caused by the failure of any of Supplier's vendors to deliver components, materials or services to Supplier on a timely basis and in compliance with Supplier's specifications (each a "delaying cause"). Supplier shall immediately give ********* notice of any delaying cause.
