Common use of Excused Non-Performance Clause in Contracts

Excused Non-Performance. If, for any reason beyond its control—but not limited to accidents, acts of war, power outages, natural disasters or civil emergencies—Kama`āina Kids is unable to perform its obligations under the RENTAL AGREEMENT, such non-performance is excused and Kama`āina Kids may terminate RENTAL AGREEMENT without liability of any nature upon return of RENTER’s fees and deposit. Kama`āina Kids will not be liable for consequential damages of any nature, under any circumstances, for any reason, whatsoever.

Excused Non-Performance. If, for any reason beyond its control—, but not limited to accidents, acts of war, power outagesor acts of God, natural disasters or civil emergencies—Kama`āina Kama‘aina Kids is unable to perform its obligations under the RENTAL AGREEMENTthis Agreement, such non-performance is excused and Kama`āina Kama‘aina Kids may terminate RENTAL AGREEMENT this Agreement without liability of any nature upon return of RENTER’s fees and deposit. Kama`āina Kama‘aina Kids will not be liable for consequential damages of any nature, under any circumstances, for any reason, whatsoever.