Neither of the Parties. shall be liable for a failure to perform any of its obligations insofar as it proves: 12.1.1 that the failure was due to an impediment beyond its control; 12.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon the party’s ability to perform into account at the time of the conclusion of this Agreement; and 12.1.3 that it could not reasonably have avoided or overcome the impediment or at least its effects.
Appears in 4 contracts
Samples: Memorandum of Agreement (Dynasty Gaming Inc), Memorandum of Agreement (Dynasty Gaming Inc), Memorandum of Agreement (Dynasty Gaming Inc)
Neither of the Parties. shall be liable for a failure to perform any of its obligations insofar as it proves:
12.1.1 that 20.1.1 the failure was due to an impediment beyond its control;
12.1.2 20.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon the party’s ability to perform into account at the time of the conclusion of this Agreement; and
12.1.3 that 20.1.3 it could not reasonably have avoided or overcome the impediment or at least its effects.
Appears in 1 contract
Samples: Licensing Agreement
Neither of the Parties. shall be liable for a failure to perform any of its obligations insofar as it proves:
12.1.1 21.1.1 that the failure was due to an impediment beyond its control;
12.1.2 21.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon the party’s ability to perform into account at the time of the conclusion of this Agreement; and
12.1.3 21.1.3 that it could not reasonably have avoided or overcome the impediment or at least its effects.
Appears in 1 contract
Samples: Software License Agreement
