Excuse for Nonperformance. 11.1 Supplier shall not be held responsible for any delay or failure to perform hereunder where such delay or failure is due to any cause beyond Supplier's direct control including, but not limited to, Acts of God, fire, explosion, flood, strikes or other labor dispute, riot, communications or power supply failure, delay in delivery, failure or malfunction of equipment, lack of or inability to obtain Dealer Data from Dealers, or any other causes, contingencies or circumstances which prevent or hinder performance hereunder or make such performance hereunder impracticable.
Appears in 4 contracts
Samples: Data Distribution Agreement (Newgen Results Corp), Data Distribution Agreement (Newgen Results Corp), Data Distribution Agreement (Newgen Results Corp)