Common use of Disclaimer of Actions Caused by, or Under the Control of, Third Parties Clause in Contracts

Disclaimer of Actions Caused by, or Under the Control of, Third Parties. Neither EIS nor its subcontractors exercise any control over the flow of information to or from the System, SAS’ network, or other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt connections to the Internet or portions of such connections. Although at all times during the Term, EIS will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, EIS cannot guarantee that such events will not occur. ACCORDINGLY, EIS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO ALL SUCH EVENTS AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT, ANY OTHER ACTIONS OR INACTIONS CAUSED BY OR UNDER THE CONTROL OF A THIRD PARTY.