Except for Customer Clause Samples
The 'Except for Customer' clause serves to exclude the customer from certain obligations, restrictions, or conditions that apply to other parties under the agreement. In practice, this means that while a rule or requirement may bind vendors, contractors, or other third parties, the customer is specifically exempted from its application. For example, if a confidentiality obligation applies to all parties except the customer, the customer would not be bound by those confidentiality terms. This clause is used to clarify the customer's unique position and to ensure that they are not inadvertently subject to provisions intended for others, thereby preventing misunderstandings and allocating responsibilities appropriately.
Except for Customer s obligation to pay, neither party will be responsible for failing to perform under this Agreement for acts of God, natural disasters, or other similar causes beyond its reasonable control. [***]
Except for Customer s obligation to make payments in accordance with the Agreement, either party’s failure to perform its obligations thereunder shall not be deemed a breach of the Agreement if such failure is due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of nature, or other causes beyond the reasonable control of the party claiming force majeure.
Except for Customer s breach of Cisco’s intellectual or proprietary rights, neither party may bring a claim under these Terms of Sale more than twenty-four (24) months after the event that creates the action or claim.
Except for Customer s obligation to pay Concur, neither party shall be liable for any delay or failure to perform due to external causes beyond its reasonable control.
Except for Customer s obligation to pay amounts due under this Agreement, neither party will be responsible for any failure or delay in its performance under this Agreement due to causes, including, without limitation, acts of God, natural disasters, fire, acts of civil or military authority, insurrections, epidemics, riots, wars, sabotage, labor shortages and governmental actions, which are beyond such party's reasonable control, [*]. This Agreement shall be construed, and the legal relations between the parties hereto shall be determined, in accordance with the substantive laws of the State of New York, without regard to the conflict of laws principles thereof. Any proceedings to resolve disputes relating to this Agreement shall be commenced in the State of New York. The parties hereto expressly waive any right they may have to a jury trial and agree that any proceeding under this Agreement shall be tried by a judge without a jury. [*]. Each party will comply with all applicable federal, state and local laws, regulations and ordinances including, without limitation, the regulations of the U.S. Government relating to the export of commodities and technical data insofar as they relate to the activities under this Agreement. Customer agrees that Products, and technical data provided under this Agreement are subject to restrictions under the export control laws and regulations of the United States of America and other country or country group, laws and regulations, including, without limitation, the U.S. Export Administration Act and the U.S. Export Administration Regulations. Customer hereby gives its written assurance that neither Products nor technical data provided by IBM under this Agreement, nor the direct product thereof, will be exported, or re-exported, directly or indirectly, to prohibited countries or nationals thereof without first obtaining applicable government approval. Customer agrees it is responsible for obtaining required government documents and approvals prior to export of any Product, or technical data. All obligations and duties which by their nature survive the expiration or termination of this Agreement shall remain in effect beyond expiration or termination and remain in effect and apply to respective successors and assigns until they have been fulfilled. A waiver or failure by a party to demand performance or to exercise a right, when entitled, will not prejudice the party's ability to enforce such performance or right. The United Nations Convention o...
Except for Customer s obligation to pay Fees and other amounts owed under this Agreement, neither Party will be responsible or in any way liable to the other Party, and neither Party will have any termination or other rights, arising out of or relating to a Force Majeure Event. A “Force Majeure Event” is a failure by the other Party to perform any of its obligations under this Agreement if such failure is caused by events or circumstances beyond its reasonable control, including, but not limited to, acts of God, war, labor strike, terrorist act, fire, flood, earthquake, health epidemic or any law, order, regulation or other action of any governing authority or agency.
Except for Customer s obligation to pay BFC, neither ---------- party shall be liable for any failure to perform due to causes beyond its reasonable control. In such event, the party's obligations hereunder shall be postponed for such time as its performance is suspended or delayed on account of such causes. The party suffering such causes shall promptly notify the other party upon learning of the occurrence of such event, and will use its reasonable best efforts to resume its performance with the least possible delay. Furthermore, in the event of any failure, interruption or delay in performance of any Customer Service, whether excused or unexcused, BFC shall use its reasonable best efforts to restore such Customer Service as soon as may be reasonably possible in accordance with its existing contingency plans for such Customer Service.