Common use of Neither of Clause in Contracts

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.