Common use of Delivery, Risk and Title Clause in Contracts

Delivery, Risk and Title. 5.1 Xxxxx shall use commercially reasonable efforts to meet the agreed delivery or performance date. If Xxxxx is, or is likely to be, unable to meet the delivery or performance date, Xxxxx will promptly give Client written notice of the relevant circumstances together with a date upon which Xxxxx reasonably expects to be able to deliver the Products or to perform the Services. Xxxxx shall not be liable in any way for any loss or damage sustained by Client as a result of Xxxxx’x failure to make delivery of the Products or performance of the Services on or before the agreed delivery date, nor will such failure constitute a breach of the Agreement.