Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 28 contracts
Samples: Confidential Interactive Marketing Agreement (Onvia Com Inc), Confidential Interactive Marketing Agreement (Varsitybooks Com Inc), Interactive Marketing Agreement (Digitalwork Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or ------ default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 7 contracts
Samples: Interactive Marketing and Distribution Agreement (Stamps Com Inc), Platform Services Agreement (Switchboard Inc), Confidential Treatment (Purchasepro Com Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 6 contracts
Samples: Confidential Interactive Marketing Agreement (1 800 Flowers Com Inc), Confidential Interactive Marketing Agreement (Autobytel Inc), Confidential Interactive Marketing Agreement (N2k Inc)
Excuse. Neither Party will be liable for, or be considered in breach of ------ or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 5 contracts
Samples: Interactive Marketing Agreement (Homegrocer Com Inc), Confidential Marketing Agreement (Emachines Inc /De/), Confidential Marketing Agreement (Emachines Inc /De/)
Excuse. Neither Party will be party is liable for, or and will not be considered in default or breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence, provided that the affected party will use reasonable efforts to resume normal performance as promptly as possible.
Appears in 4 contracts
Samples: Merchant Agreement (Barnesandnoble Com Inc), Merchant Agreement (1 800 Flowers Com Inc), Confidential Treatment (Barnesandnoble Com Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. Provided that the non-performing Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party.
Appears in 3 contracts
Samples: Program Agreement (IXI Mobile, Inc.), Mobile Developer Program Agreement (IXI Mobile, Inc.), Icq Mobile Developer Program Agreement (IXI Mobile, Inc.)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions conditions, which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Interactive Services Agreement (WebMD Health Holdings, Inc.), Interactive Services Agreement (WebMD Health Corp.)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence., except that, to the extent expressly stated
Appears in 2 contracts
Samples: Interactive Marketing Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.)
Excuse. Neither Party party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Confidential Interactive Marketing Agreement (TNPC Inc), Confidential Interactive Marketing Agreement (TNPC Inc)
Excuse. Neither Party will party shall be liable for, or be considered in breach of or default under this Agreement (except with respect to payment and confidentiality obligations hereunder) on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Software License and Service Agreement (Globetech Ventures Corp), Software Development Agreement (Coram Healthcare Corp)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Confidential Agreement for Consulting Services (Liveworld Inc), Confidential Agreement for Consulting Services (Liveworld Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of ------ or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Development and Services Agreement (Drkoop Com Inc), Confidential Treatment (Autoweb Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach ------ of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Interactive Marketing Agreement (Homestore Com Inc), Confidential Marketing Agreement (Emachines Inc /De/)
Excuse. Neither Party will party shall be liable for, or be considered in breach of or in default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Samples: License and Services Agreement (Viewpoint Corp/Ny/)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. *** Confidential portions of this document have been redacted and have been filed separately with the Commission.
Appears in 1 contract
Samples: Interactive Marketing Agreement (Barnesandnoble Com Inc)
Excuse. Neither Party will party shall be liable for, or be considered in ------ breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.. EXECUTION COPY
Appears in 1 contract
Samples: Services Agreement (Switchboard Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or --- ------ default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Samples: Confidential Interactive Marketing Agreement (Musicmaker Com Inc)
