Common use of Interfering Acts Clause in Contracts

Interfering Acts. Supplier shall be excused from its responsibility to perform a specific obligation under this Agreement if and only to the extent such non-performance of the specific obligation is caused by Gap’s breach of its performance obligation(s) under the Agreement; provided that upon the occurrence of acts or omissions by Gap in breach of Gap’s performance obligation(s) under the Agreement which have been determined by Supplier to be likely to adversely impact its ability to deliver or meet such specific obligation, Supplier shall advise Gap’s Infrastructure Partnership Executive of such occurrence in writing promptly and identify the reason for Supplier’s inability to perform its obligation as a result of Gap’s failure to perform its obligation(s) under this Agreement. Nothing in the forgoing shall (1) relieve Supplier of any portion of liability Finally Determined by a court to be Supplier’s arising from a breach of contract claim as to such failure to perform (2) preclude Gap from asserting such failure by Supplier to perform an obligation under this Agreement as a basis for Gap to terminate the Agreement for cause if subsequently discovered facts demonstrate the failure was not caused by Gap’s failure to perform its obligations under this Agreement; or (3) preclude Gap from asserting such failure by Supplier to perform an obligation under this Agreement as a basis for Gap to terminate the Agreement for cause if Supplier conduct, not caused by Gap’s failure to perform its obligation(s) under this Agreement, contributing to the failure is determined to be one of numerous breaches of its duties or obligations under the Agreement which in the aggregate are material as provided in Section 33.2(iii) (Termination For Cause By Gap).

Interfering Acts. Supplier shall be excused from its responsibility to perform a specific obligation under this Agreement if and only to the extent such non-performance of the specific obligation is caused by Gap’s breach of its performance obligation(s) under the AgreementAgreement or caused by the intentional bad acts of Gap’s representatives; provided that upon the occurrence of acts or omissions by Gap in breach of Gap’s performance obligation(s) under the Agreement which have been determined by Supplier to be likely to adversely impact its ability to deliver or meet such specific obligation, Supplier shall advise Gap’s Infrastructure Partnership Executive of such occurrence in writing promptly and identify the reason for Supplier’s inability to perform its obligation as a result of Gap’s failure to perform its obligation(s) under this Agreement. Nothing in the forgoing shall (1) relieve Supplier of any portion of liability Finally Determined by a court to be Supplier’s arising from a breach of contract claim as to such failure to perform (2) preclude Gap from asserting such failure by Supplier to perform an obligation under this Agreement as a basis for Gap to terminate the Agreement for cause if subsequently discovered facts demonstrate the failure was not caused by Gap’s failure to perform its obligations under this Agreement; or (3) preclude Gap from asserting such failure by Supplier to perform an obligation under this Agreement as a basis for Gap to terminate the Agreement for cause if Supplier conduct, not caused by Gap’s failure to perform its obligation(s) under this Agreement, contributing to the failure is determined to be one of numerous breaches of its duties or obligations under the Agreement which in the aggregate are material as provided in Section 33.2(iii) (Termination For Cause By Gap).

Interfering Acts. Supplier IBM shall be excused from its responsibility to perform a specific obligation under this Agreement if and only to the extent such non-performance of the specific obligation is caused by GapVMU’s breach of its performance obligation(s) under the Agreement; provided that upon the occurrence of acts or omissions by Gap VMU in breach of GapVMU’s performance obligation(s) under the Agreement which have been determined by Supplier IBM to be likely to adversely impact its ability to deliver or meet such specific obligation, Supplier IBM shall advise Gap’s Infrastructure Partnership Executive the VMU Program Director of such occurrence in writing promptly and identify the reason for SupplierIBM’s inability to perform its obligation as a result of GapVMU’s failure to perform its obligation(s) under this Agreement. Nothing in the forgoing shall (1) relieve Supplier IBM of any portion of liability Finally Determined by a court to be SupplierIBM’s arising from a breach of contract claim as to such failure to perform perform, (2) preclude Gap VMU from asserting such failure by Supplier IBM to perform an obligation under this Agreement as a basis for Gap VMU to terminate the Agreement for cause if subsequently discovered facts demonstrate the failure was not caused by GapVMU’s failure to perform its obligations under this Agreement; , or (3) preclude Gap VMU from asserting such failure by Supplier IBM to perform an obligation under this Agreement as a basis for Gap VMU to terminate the Agreement for cause if Supplier IBM conduct, not caused by GapVMU’s failure to perform its obligation(s) under this Agreement, contributing to the failure is determined to be one of numerous breaches of its duties or obligations under the Agreement which in the aggregate are material as provided in Section 33.2(iii) (Termination For Cause By Gap)28.2.