Common use of Frustration of Conditions Clause in Contracts

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no A Party may not rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such due to the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in under this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates (or with respect to the Company, any Seller) to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such the failure of such Party or any of its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the Party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to None of the contrary, no Party Parties may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure Party’s breach of such Party a covenant or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreementagreement contained herein.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such party’s failure to act in good faith or to use its reasonable best efforts to consummate the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in transactions contemplated by this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the failure acts or omissions of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was principally caused by such the failure of such Party Party’s or its Affiliates Affiliate’s failure to comply with or perform any of its covenants or obligations set forth in agreements pursuant to the terms of this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the Party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the Party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party No party hereto may rely on the failure of any condition set forth in this Article III to be satisfied if such failure was caused by such party's failure to use reasonable efforts to consummate the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in transactions contemplated by this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III clause 4 to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the Party’s failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III ARTICLE II to be satisfied if such failure was caused by such the failure of such Party or its Affiliates (or with respect to the Company, Parent or any Minority Holder) to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III XII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates (or with respect to BNN, any BI China Target Company or Seller) to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrarycontrary contained in this Agreement, no Party may rely on the failure of any condition set forth in this Article III VII to be satisfied if such failure was caused by such the failure of such Party or its the failure of such Party’s Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no No Party may rely on the failure of any applicable condition set forth in this Article III 2 to be satisfied if such failure was caused solely by such the its own failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this AgreementSection 7.3(d).

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III ARTICLE II to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III II to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates (or with respect to BGHL, any Target Company or BGHL Shareholder) failure to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party hereto may rely on the failure of any condition set forth in this Article III ARTICLE XI to be satisfied if such failure was caused by such the failure of such Party party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this AgreementAgreement or any Ancillary Document.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III IX to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party hereto may rely on the failure of any condition set forth in this Article III ARTICLE IX to be satisfied if such failure was caused by such the failure of such Party party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III ARTICLE VIII to be satisfied if such failure was caused by such the failure of such Party or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party party hereto may rely on the failure of any condition set forth in this Article III X to be satisfied if such failure was caused by such the failure of such Party party hereto or its Affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.

Frustration of Conditions. Notwithstanding anything contained herein to the contrary, no Party may rely on the failure of any condition set forth in this Article III to be satisfied if such failure was caused by such the failure of such Party or its Affiliates affiliates to comply with or perform any of its covenants or obligations set forth in this Agreement.