Events of Excused Performance Sample Clauses

Events of Excused Performance. Neither XXXXX nor 3M (nor 3M IPC if applicable) shall be considered in default or be liable to the other Party for any delay in performance or non-performance caused by circumstances beyond the reasonable control of such Party, including but not limited to acts of God, explosion, fire, flood, earthquake, war whether declared or not, accident, labor strike or labor disturbances, sabotage, transportation strike or interference, order or decrees of any court or action of governmental authority or shortages in or an inability to procure materials beyond 3M’s or XXXXX’x reasonable control; provided, however, that diligent efforts are made to resume performance as quickly as possible.
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Events of Excused Performance. Neither 3M nor RBC shall be considered in default or be liable to the other Party for any delay in performance or non-performance caused by circumstances beyond the reasonable control of such Party and not related to its fault or negligence, including but not limited to acts of God, explosion, fire, flood, earthquake, war whether declared or not, accident, sabotage, transportation, strike, labor disturbance or interference, order or decrees of any court or action of governmental authority or shortages in or an inability to procure materials; provided, however, that diligent efforts are made to resume performance as quickly as possible. Delays involving governmental authorities shall include but are not limited to, withdrawal, suspension or delays in regulatory approval of a Product by a competent authority or other causes, whether similar or dissimilar to those specified.
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Events of Excused Performance. Neither 3M nor Customer shall be considered in default or be liable to the other for any delay beyond the reasonable control of such party, including, but not limited to, acts of God, explosion, earthquake, fire, flood, war whether declared or not, accident, strikes, labor disturbances, inability to procure supplies from third party vendors, sabotage, or order or decrees of any court or action of a governmental authority. If such delay continues for a period of more than 30 consecutive days Customer is relieved of its obligation to purchase exclusively from 3M for the period of 3M's inability to supply and such longer period as may be reasonably necessary to secure a supply of similar components from a third party. 3M agrees to use reasonable commercial efforts to help Customer identify such a supplier.
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Events of Excused Performance. Neither RADIUS nor 3M shall be considered in default or be liable to the other Party for any delay in performance or non-performance caused by circumstances beyond the reasonable control of such Party, including but not limited to acts of God, explosion, fire, flood, earthquake, war whether declared or not, accident, labor strike or labor disturbances, sabotage, transportation strike or interference, order or decrees of any court or action of governmental authority (each, a “Force Majeure Event”); provided, however, that the Party seeking relief under this Section 17.1 shall immediately notify the other Party as soon as practicable and provided diligent efforts are made to resume performance as quickly as possible. If the Force Majeure Event shall continue unabated for ninety (90) days, then RADIUS shall have the right to (A) initiate Technology Transfer pursuant to Section 6.8 at RADIUS’ expense and (B) terminate this Agreement immediately.
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Events of Excused Performance. Neither Tapemark or CNS shall be considered in default or be liable to the other for any delay beyond the reasonable control of such party, including, but not limited to, acts of God, explosion, earthquake, fire, flood, war whether declared or not, accident, strikes, labor disturbances, inability to procure from a third party supplier, sabotage, or order or decrees of any court or action of a government authority. If such a delay continues for a period of more than ten (10) consecutive days, CNS is relieved of its obligation to purchase from Tapemark for the period of Tapemark's inability to supply and such longer period as may be reasonably necessary to secure a supply of similar product from a third party. Tapemark agrees to use reasonable efforts to help CNS identify such a supplier. It is expected that Tapemark will create and maintain a catastrophic recovery plan and present to CNS for review. CNS and Tapemark will review this catastrophic recovery plan on each anniversary of this Agreement.
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Events of Excused Performance. Neither WebTec or CNS shall be considered in default or be liable to the other for any delay beyond the reasonable control of such party, including, but not limited to, acts of God, explosion, earthquake, fire, flood, war whether declared or not, accident, strikes, labor disturbances, inability to procure from a third party supplier, sabotage, or order or decrees of any court or action of a government authority. If such a delay continues for a period of more than ten (10) consecutive days, CNS is relieved of its obligation to purchase from WebTec for the period of WebTec's inability to supply and such longer period as may be reasonably necessary to secure a supply of similar product from a third party. WebTec agrees to use reasonable efforts to help CNS identify such a supplier. It is expected that WebTec will create and maintain a catastrophic recovery plan and present to CNS for review. CNS and WebTec will review this catastrophic recovery plan on each anniversary of this Agreement.
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Events of Excused Performance. Neither SEPRACOR nor 3M shall be considered in default or be liable to the other Party for any delay in performance or non-performance caused by circumstances beyond the reasonable control of such Party, including but not limited to acts of God, explosion, fire, flood, earthquake, war whether declared or not, accident, labor strike or labor disturbances, sabotage, transportation strike or interference, order or decrees of any court or action of governmental authority or shortages in or an inability to procure materials; provided, however, that diligent efforts are made to resume performance as quickly as possible. Delays involving governmental authorities shall include but are not limited to, withdrawal, suspension or delays in approval of a New Drug Application covering Product by the United States Food and Drug Administration or other causes, whether similar or dissimilar to those specified.
Sample 1
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Events of Excused Performance. Neither WEBTEC or CNS shall be considered in default or be liable to the other for any delay beyond the reasonable control of such party, including, but not limited to, acts of God, explosion, earthquake, fire, flood, war whether declared or not, accident, strikes, labor disturbances, inability to procure from a third party supplier, sabotage, or order or decrees of any court or action of a government authority. If such a delay continues for a period of more than ten (10) consecutive days, CNS is relieved of its obligation to purchase from WEBTEC for the period of WEBTEC’s inability to supply and such longer period as may be reasonably necessary to secure a supply of similar products from a third party. WEBTEC agrees to use reasonable efforts to help CNS identify such a supplier.
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Related to Events of Excused Performance

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Events Excusing Performance Neither party shall be liable to the other party for failure to perform any of the services required herein in the event of strikes, lock-outs, calamities, acts of God, unavailability of supplies or other events over which that party has no control for so long as such events continue, and for a reasonable period of time thereafter.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Duties and Performance From time to time during the term of this Agreement, Consultant shall provide such advisory services relating to the Company's financial status and capital structure (the "SERVICES") to Company as Consultant and Company shall agree. In connection with the Services, Consultant may develop and communicate to Company certain business opportunities with entities known to Consultant; the Services may include various types of arrangements, including direct investment into Company.

  • Assist Performance Buyer shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Seller’s obligations to consummate the transactions contemplated hereby which are dependent upon actions of Buyer and to make and/or obtain any necessary filings and consents in order to consummate the sale transaction contemplated by this Agreement.

  • Representations, Performance All representations and warranties of Buyer contained in this Agreement shall be true and correct in all respects at and as of the date hereof, and shall be repeated and shall be true and correct in all respects on and as of the Closing Date with the same effect as though made on and as of the Closing Date.

  • OBLIGATIONS CONTINGENT ON PERFORMANCE The obligations of the Employer hereunder, including its obligation to pay the compensation provided for herein, are contingent upon the Executive's performance of the Executive's obligations hereunder.

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

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