Excusable Delays and Failures. (Force Majeure) Company shall be excused for delays in performing and failures to perform pursuant to this Agreement and to any Order issued hereunder to the extent that any such delay or failure results from any cause beyond its control, including, solely by way of example and without limitation, delays caused by Distributor or a third party, acts of God, strikes, and other labor disputes, government regulations, public disorders, international disputes, inability to obtain or shortage of any material used in the manufacture or shipping and delivery of the Products, transportation or trade embargoes, customs restrictions, and catastrophes of nature, fire and explosion, whether any such cause affects Company, any supplier or provider of service to Company. Company agrees to exert reasonable effort to prevent such occurrences from affecting its performance hereunder. Company shall not be liable for damages, general, specific or otherwise resulting from such excusable delays and failures.
Excusable Delays and Failures. SI will be excused from delays in performing, or from its failure to perform, hereunder to the extent that such delays or failures result from causes beyond SI’s reasonable control. Without limiting the generality of the foregoing, Client acknowledges that Client’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Statement of Work and any assumption contained in a Statement of Work which is untrue or incorrect will be considered an excusable delay or excusable failure to perform hereunder and may impede or delay completion of the Services. Client further acknowledges that such delays or failures may result in additional charges for the Services.
Excusable Delays and Failures. Each party will be excused from delays in performing, or from its failure to perform, hereunder to the extent that such delays or failures result from causes beyond such party’s reasonable control. Unavailability of personnel shall not be the basis for an excusable delay. the City further acknowledges that such delays or failures shall be subject to change management procedures and may result in additional charges for the Services.
Excusable Delays and Failures. Cognizant will be excused from delays in performing, or from a failure to perform, hereunder to the extent that such delays or failures result from causes beyond Cognizant’s reasonable control, excepting to the extent that delays are solely caused by Cognizant’s employees or Subcontractors. Without limiting the generality of the foregoing, Client acknowledges that Client’s failure or unreasonable delay in furnishing requested information, equipment or access to facilities, unreasonable delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Statement of Work and any assumption contained in a Statement of Work which is untrue or incorrect will be considered an excusable delay or excusable failure to perform hereunder and may impede or delay completion of the Services. Client further acknowledges that such delays or failures may result in additional charges for the Services.
Excusable Delays and Failures. Cognizant and Client will be excused from delays in performing, or from a failure to perform, hereunder to the extent that such delays or failures result from causes beyond Cognizant’s or Client’s reasonable control. Causes beyond Cognizant’s or Client’s reasonable control shall include acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the Party. Without limiting the generality of the foregoing, Client acknowledges that Client’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Statement of Work and any assumption contained in a Statement of Work which is untrue or incorrect will be considered an excusable delay or excusable failure to perform hereunder and may impede or delay completion of the Services. Client further acknowledges that such delays or failures may result in additional charges for the Services. If Cognizant is solely responsible for material delays in performing hereunder or the completion of tasks, or providing such information or documentation required by Client to complete its tasks and obligations, the project schedule under the applicable Statement of Work shall be extended to a date that does not impact the agreed-upon timelines for Client to complete its tasks and obligations at no additional cost to Client. Client shall not be responsible for any costs associated with timeline extensions/delays caused by Cognizant, including unavailability of staff, delays in staffing assignment/reassignment, conflicts in scheduling due to other Cognizant client engagements, lack of responsiveness, inability to meet agreed-upon deadlines, and lack of product or municipal knowledge.
Excusable Delays and Failures. AppTech will be excused from delays in performing, or from a failure to perform, hereunder to the extent that such delays or failures result from causes beyond AppTech's reasonable control. In such event, the performance times shall be extended for a period of time equivalent to the time lost because of the excusable delay. Without limiting the generality of the foregoing, Customer acknowledges that Customer’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Customer in completing tasks required of Customer or in otherwise performing Customer’s obligations hereunder or under any SOW and any assumption contained in a SOW which is untrue or incorrect will be considered an excusable delay or excusable failure to perform hereunder and may impede or delay completion of the Development Services. Customer further acknowledges that such delays or failures may result in additional charges for the Development Services.
Excusable Delays and Failures. Futura, or its subcontractors engaged to perform the Services, will be excused from delays in performing, or from a failure to perform, to the extent that such delays or failures are caused by fire, flood, strike, civil, governmental, or military authority, act of God, labor disputes, mechanical or electrical breakdown, or other causes beyond its (or its subcontractors’) control. In the event Futura is unable to perform Services for more than sixty (60) days for any reasons described in the preceding sentence, Client may terminate the Purchase Order in question, in which event such Purchase Order shall not be counted in satisfying the Annual Minimum Purchase. Client acknowledges that Client’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Purchase Order this Agreement will be considered an excusable delay or excusable failure to perform hereunder and shall not be a material breach by Futura.
Excusable Delays and Failures. “COMPANY NAME” will be excused from delays in performing, or from its failure to perform, hereunder to the extent that such delays or failures result from causes beyond “COMPANY NAME”’s reasonable control. A delay caused by a subcontractor engaged by “COMPANY NAME” will not be considered an excusable delay of “COMPANY NAME”, unless such delay is an excusable delay that affects such subcontractor, in which case such delay will be deemed an excusable delay of “COMPANY NAME”. Without limiting the generality of the foregoing, Client acknowledges that Client’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any Work Schedule and any assumption contained in a Work Schedule which is untrue or incorrect will be considered an excusable delay or excusable failure to perform hereunder and may impede or delay completion of the Services. Client further acknowledges that such delays or failures may result in additional charges for the Services.
Excusable Delays and Failures. Each party shall be excused for failure or delay in performing its obligations under this Agreement to the extent that such delay or failure results from any cause beyond the control of such party.
Excusable Delays and Failures. Futura, or its subcontractors engaged to perform the Services, will be excused from delays in performing, or from a failure to perform, to the extent that such delays or failures are caused by fire, flood, strike, civil, governmental, or military authority, act of God, labor disputes, mechanical or electrical breakdown, or other causes beyond its (or its subcontractors’) control. In the event Futura is unable to perform Services for more than sixty (60) days for any reasons described in the preceding sentence, Client may terminate the applicable SOW. The canceled portion of the SOW shall not be counted in satisfying the Annual Minimum Purchase. Client acknowledges that Client’s failure or delay in furnishing necessary information, equipment or access to facilities, delays or failure by Client in completing tasks required of Client or in otherwise performing Client’s obligations hereunder or under any SOW to this Agreement will be considered an excusable delay or excusable failure to perform hereunder and shall not be a material breach by Futura.
