Common use of Frustration of Performance Clause in Contracts

Frustration of Performance. In the event our staff reports to your site to work and is unable to work a full or a portion of an onsite day because of equipment failure, early closing, meetings that suspend work, your failure to make your employees available as necessary, your failure to satisfy previously identified prerequisites, or any other factor not under our control, we will bill for a full or the appropriate portion of a normal onsite day for each staff member so affected. Any such time billed will be considered by the parties to be outside the scope of the Ordering Document and an addition to the Professional Services fees.