Common use of Effect of Force Majeure Clause in Contracts

Effect of Force Majeure. A Party shall not be considered to be in default in the performance of its obligations to the extent that the failure or delay of its performance is due to a Force Majeure event, and the non-affected Party shall be excused from its corresponding performance obligations for the period of the affected Party’s failure or delay of performance; provided that, with respect to Provider’s commitment to provide Showing Quantity under this Agreement, Provider’s failure or delay of its performance of such obligation shall only be excused in accordance with this Article Nine to the extent the Force Majeure event in question affects the Project. The burden of proof for establishing the existence and consequences of an event of Force Majeure lies with the Party initiating the claim.

Effect of Force Majeure. A Party shall not be considered to be in default in the performance of its obligations to the extent that the failure or delay of its performance is due to a Force Majeure event, and the non-affected Party shall be excused from its corresponding performance obligations for the period of the affected Party’s failure or delay of performance[; provided that, with respect to ProviderSeller’s commitment obligation to provide Showing Quantity sell the Product under this Agreement, ProviderSeller’s failure or delay of its performance of such obligation shall only be excused in accordance with this Article Nine Eight to the extent the Force Majeure event in question affects the ProjectProject]1. The burden of proof for establishing the existence and consequences of an event of Force Majeure lies with the Party initiating the claim.

Effect of Force Majeure. A Party shall not be considered to be in default in the performance of its obligations to the extent that the failure or delay of its performance is due to a Force Majeure event, and the non-affected Party shall be excused from its corresponding performance obligations for the period of the affected Party’s failure or delay of performance; provided that, with respect to Provider’s commitment to provide Showing Quantity under this Agreement, Provider’s failure or delay of its performance of such obligation shall only be excused in accordance with this Article ‎Article Nine to the extent the Force Majeure event in question affects the Project. The burden of proof for establishing the existence and consequences of an event of Force Majeure lies with the Party initiating the claim.