Force Majeure and Acts of Nature. Other than with respect to failure to make payments due hereunder, neither party shall be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, court order, acts or regulations of governmental bodies, acts of Nature, or failure or loss of supply or market. Additionally, Unwired shall not be liable for any loss of connectivity to customer location for any reason including without limitation, loss of line of sight, Radio Frequency interference, legal restrictions, physical restrictions or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause; and/or (b) uses its commercially reasonable efforts to promptly correct such failure or delay in performance; and (c) gives further notice, within a reasonable amount of time, where failure or delay in performance is not commercially reasonable to correct therefore resulting in a permanent failure.
Appears in 4 contracts
Samples: Subscriber Agreement, Business Subscriber Agreement, Subscriber Agreement
