Common use of Force Majeure and Other Delays Clause in Contracts

Force Majeure and Other Delays. For purposes of this Agreement, "Force Majeure" will mean a cause outside of a Party's reasonable control including, without limitation, acts of God, acts of war, revolution, riots, civil commotion, acts of a public enemy, terrorism, embargo, acts of government in its sovereign capacity, work stoppages, strikes, lockouts, labor disputes, fire, earthquakes, floods or 7 PEOPLESUPPORT, INC. AND EARTHLINK, INC. CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. other natural disasters. To the extent that a Party is unable to fulfill, in whole or part, its obligations hereunder, where such inability arises by reason of an event of Force Majeure, or in the event a Party is unable to perform its obligations due to the failure of the other Party to perform its obligations, such Party will be temporarily excused from fulfilling such obligations under the Agreement and/or the applicable SOW until the earlier of (i) fourteen (14) days from the inception of the Force Majeure event, (ii) the abatement of such Force Majeure event or (iii) the other Party performs those obligations necessary for performance by the Party which is unable to perform.

Force Majeure and Other Delays. For purposes of this Agreement, "Force Majeure" will mean a cause outside of a Party's reasonable control including, without limitation, acts of God, acts of war, revolution, riots, civil commotion, acts of a public enemy, terrorism, embargo, acts of government in its sovereign capacity, work stoppages, strikes, lockouts, labor disputes, fire, earthquakes, floods or 7 PEOPLESUPPORT, INC. AND EARTHLINK, INC. CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. other natural disasters. To the extent that a Party is unable to fulfill, in whole or part, its obligations hereunder, where such inability arises by reason of an event of Force Majeure, or in the event a Party is unable to perform its obligations due to the failure of the other Party to perform its obligations, such Party will be temporarily excused from fulfilling such obligations under the Agreement and/or the applicable SOW until the earlier of (i) fourteen (14) days from the inception of the Force Majeure event, (ii) the abatement of such Force Majeure event or (iii) the other Party performs those obligations necessary for performance by the Party which is unable to perform.

Force Majeure and Other Delays. For purposes of this Agreement, "a “Force Majeure" ” will mean a cause outside of a Party's ’s reasonable control including, without limitation, acts of God, acts of war, revolution, riots, civil commotion, acts of a public enemy, terrorism, embargo, acts of government in its sovereign capacity, work stoppages, strikes, lockouts, labor disputesboycotts, fire, earthquakes, floods or 7 PEOPLESUPPORT, INC. AND EARTHLINK, INC. CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION. other natural disasters. To Except for the payment of moneys when due and owing, to the extent that a Party is unable to fulfill, in whole or part, its obligations hereunder, where such inability arises by reason of an event of Force Majeure, or in the event a Party is unable to perform its obligations due to the failure of the other Party to perform PEOPLESUPPORT, INC. AND VONAGE HOLDINGS CORP. CONFIDENTIAL its obligations, such Party will be temporarily excused from fulfilling such obligations under the Agreement and/or the applicable SOW until the earlier of (i) fourteen (14) days from the inception of the Force Majeure event, (ii) the abatement of such Force Majeure event or (iii) until the other Party performs its those obligations necessary for performance by the Party which is unable to perform. In the event PeopleSupport is prevented from providing any of the Service by a Force Majeure event, Client will receive a pro rata credit of the Minimum Monthly Fee based on the amount of time PeopleSupport is unable to provide such Service. In the event such inability persists more than ***, Client may terminate any affected SOW(s) or this Agreement without liability.