Excused from Performance Sample Clauses

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Excused from Performance. Any failure of either Party to perform may be excused only for proven sickness or injury, civil tumult or riot, epidemics, acts of God, or other conditions beyond the control of the party. Performer or Performer’s agent must notify FAMU immediately of any reason which might result in Performer’s failure to perform on the scheduled date. FAMU reserves the right to approve/substitute any other performer for Performer in the event that Performer is not able to perform as scheduled.
Excused from Performance. Except with regard to a Party’s obligation to make payment(s) under this Agreement, neither Party shall be liable to the other for failure to perform a Firm obligation; to the extent such failure was caused by Force Majeure. The term
Excused from Performance. Subject to the Section 15.3, neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Services to the extent such default, failure or interruption is caused by, directly or indirectly, acts of God, civil or military authority, unforeseen unavailability of suitable parts, materials, labor or transportation, or any similar unforeseen cause beyond the Party’s reasonable control but only if the delayed Party: (a) gives the other Party written notice of such cause within one (1) business day; (b) uses commercially reasonable efforts to correct such failure or reduce the delay in its performance; and (c) followed commercially prudent standards for mitigating the risk associated with such event, in light of the severity of damages such event could cause the other Party, [text deleted] including, without limitation, maintaining adequate inventories of replacement parts and equipment and materials, and maintaining adequate human resource procedures to reduce reliance on certain employees or contractors. Neither Party’s performance under this Agreement shall be excused under this Section for a period of more than thirty (30) days.
Excused from Performance. The parties shall be excused from performing any of their respective obligations under this Agreement and shall not be liable in damages or otherwise on account of the non-performance, for so long as and to the extent that such party is unable to perform such obligation as a result of any Force Majeure Event.
Excused from Performance. If and for so long as a Force Majeure Event occurs, the non-performing party is excused from further performing or observing the obligation(s) affected. In the event of a strike or labor dispute, the parties will meet to agree upon a workaround for the issues preventing performance.
Excused from Performance. Prop shall be excused from the performance of its obligations hereunder and shall not be responsible or liable for any loss, damages (including consequential damages), detention, or delay resulting from accidents, strikes, lockouts, fire, freezing, flood, explosion, theft, lightning, vandalism, abnormal use of equipment, failure of power supply, blown fuses, windstorm, earthquake, floods, storms, riot, civil commotion, malicious mischief, Act of God or any cause beyond the reasonable control of Prop, whether or not the same is herein specified.
Excused from Performance. Performance under the agreement by ▇▇▇▇▇▇ & Noble will be excused only by reason of the following causes: Section A. When such a performance is prevented by destruction or damage to the premises not caused by ▇▇▇▇▇▇ & ▇▇▇▇▇▇’ negligence. Section B. When such performance is prevented by an act of the University, of the State of Minnesota, or of the United States of America, or because riots, war, public, disturbances, fires floods, Acts of God or nature, or any other reason whatsoever which is not within the control of ▇▇▇▇▇▇ & Noble. Section C. When such performance is prevented by any job action conducted by any employee organization which prevents patrons from utilizing ▇▇▇▇▇▇ & ▇▇▇▇▇ services. Section D. When such a performance is prevented by exercise of the power of eminent domain. Section E. With the exception of monies already due and owing to the University, performance of this agreement shall be suspended and excused to the extent commensurate with such interfering occurrences. ▇▇▇▇▇▇ & Noble assumes all risk of loss due to temporary suspension of operation regardless of cause.