Common use of DESTRUCTION OR UNAVAILABILITY Clause in Contracts

DESTRUCTION OR UNAVAILABILITY. Neither Licensee nor University shall be liable for any delay or failure to perform its obligations hereunder if such delay or failure to perform is caused by circumstances beyond the party’s reasonable control, including, but not limited to, acts of God, government restrictions or orders, wars, riots, insurrections, disaster, acts of terrorism, communicable disease outbreak, epidemic, pandemic, or any other comparable event or cause beyond the reasonable control of the party whose performance is affected. Licensee and University acknowledge that the full impact of COVID-19 is not currently known or reasonably foreseeable. In the event that circumstances related to COVID-19 or to any reoccurrence of the COVID-19 virus reasonably prevent or hinder a party’s performance hereunder, the party whose performance is affected may invoke the immediately preceding Force Majeure clause of this Agreement and be excused from liability for its failure or delay in performing its obligations hereunder, even if the circumstances related to COVID-19 were foreseeable at the time of the parties’ execution of the Agreement or this Amendment. Notwithstanding the foregoing, in no event shall Licensee be excused from paying any fees or amounts owed for the period of time during which Licensee occupied a space within the housing facility as a Licensee. In the event that Licensee is unable to occupy a space within the housing facility as a Licensee due to circumstances related to COVID-19, the University will provide Licensee with prorated refunds for any license fee amounts representing the time period during which Licensee was unable to occupy a space within the housing facility as a Licensee due to circumstances related to COVID-19.

DESTRUCTION OR UNAVAILABILITY. Neither Licensee nor University shall be liable for any delay or failure to perform its obligations hereunder if such delay or failure to perform is caused by circumstances beyond the party’s reasonable control, including, but not limited to, acts of God, government restrictions or orders, wars, riots, insurrections, disaster, acts of terrorism, communicable disease outbreak, epidemic, pandemic, or any other comparable event or cause beyond the reasonable control of the party whose performance is affected. Licensee and University acknowledge that the full impact of COVID-19 COVID- 19 is not currently known or reasonably foreseeable. In the event that circumstances related to COVID-19 or to any reoccurrence of the COVID-19 virus reasonably prevent or hinder a party’s performance hereunder, the party whose performance is affected may invoke the immediately preceding Force Majeure clause of this Agreement and be excused from liability for its failure or delay in performing its obligations hereunder, even if the circumstances related to COVID-19 were foreseeable at the time of the parties’ execution of the Agreement or this Amendment. Notwithstanding the foregoing, in no event shall Licensee be excused from paying any fees or amounts owed for the period of time during which Licensee occupied a space within the housing facility as a Licensee. In the event that Licensee is unable to occupy a space within the housing facility as a Licensee due to circumstances related to COVID-19, the University will provide Licensee with prorated refunds for any license fee amounts representing the time period during which Licensee was unable to occupy a space within the housing facility as a Licensee due to circumstances related to COVID-19.