Common use of Excuse from Performance Clause in Contracts

Excuse from Performance. Seller shall not be liable for any costs, expenses, or damages of any nature (whether general, consequential, incidental, punitive, liquidated, or otherwise) if performance or delivery of any Offering is rendered impracticable by any accident, breakdown, sabotage, riot, insurrection, war, delay, interruption in or failure of sources or subcontractors to supply materials and equipment, strike, labor or transportation problem, act of God, or other cause or condition, whether of like or different nature, that is beyond Seller’s reasonable control, or orders, contracts, priorities, directives, requisitions or requests of the federal or state governments, whether or not voluntarily assumed. If any such event renders Seller’s delivery or performance of any Offering impracticable, at Seller’s option, (a) the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay, or (b) Seller will be excused from performance and Buyer shall promptly, upon Seller’s request, pay Seller for any Offerings then completed (whether fully or partly completed).

Excuse from Performance. Seller shall not be liable for any costs, expenses, expenses or damages of any nature (whether general, consequential, incidental, punitive, liquidated, as a penalty or liquidated or otherwise) if performance or delivery of any Offering is rendered impracticable by any accident, ; breakdown, ; sabotage, ; riot, ; insurrection, ; war, ; delay, ; interruption in or failure of sources or subcontractors to supply materials and equipment, ; strike, labor or transportation problem, ; act of God, ; epidemic or pandemic (including the COVID-19 pandemic) and any quarantine restrictions related thereto; or other cause or conditioncauses and conditions, whether of like or different nature, that is are beyond Seller’s reasonable control, or ; and orders, contracts, priorities, directives, requisitions or requests of the federal or state governments, whether or not voluntarily assumed. If In the event of any such event renders Seller’s delivery or performance of any Offering impracticabledelay, at Seller’s option, (a) the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay, or (b) Seller will be excused from performance and Buyer shall will promptly, upon Seller’s request, pay to Seller for any Offerings part or parts then completed (whether fully or partly completed)in process an amount determined by Seller to represent the proportionate price of the order so completed or in process.