Common use of Impossibility of Performance Clause in Contracts

Impossibility of Performance. Neither CELLULAR ONE nor AGENT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2) acts of God; (3) acts or omissions of the other party; and (4) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 3 contracts

Samples: Authorized Sales and Service Agreement (Areawide Cellular Inc), Authorized Sales and Service Agreement (Areawide Cellular Inc), Authorized Sales and Service Agreement (Areawide Cellular Inc)

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Impossibility of Performance. Neither CELLULAR ONE SBMS nor AGENT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: : (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and (4iv) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 2 contracts

Samples: Authorized Agency Agreement (Cellstar Corp), Authorized Agency Agreement (Cellstar Corp)

Impossibility of Performance. Neither CELLULAR ONE Newco nor AGENT Company shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: : (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoesembargos, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 1 contract

Samples: Authorized Sales Representative Agreement (New Clearwire CORP)

Impossibility of Performance. Neither CELLULAR ONE Cingular nor AGENT Agent shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: : (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be maybe reasonable.

Appears in 1 contract

Samples: Authorized Agency Agreement (Inphonic Inc)

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Impossibility of Performance. Neither CELLULAR ONE Clearwire nor AGENT Company shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: : (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoesembargos, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 1 contract

Samples: Authorized Sales Representative Agreement (Clearwire Corp /DE)

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