Common use of No Breach or Default Clause in Contracts

No Breach or Default. In no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”).

Appears in 2 contracts

Samples: Software as a Service (Saas) Agreement, Software as a Service (Saas) Agreement

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No Breach or Default. In no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), ) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s 's reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. Either party may terminate this Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 30 days or more.

Appears in 2 contracts

Samples: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC)

No Breach or Default. In no event will either Party INdigital be liable or responsible to the other PartyCustomer, or be deemed to have defaulted under or breached this Agreementthe Agreement (including these Terms), for any failure or delay in fulfilling or performing any term of this Agreement, the Agreement (except for any payment obligationincluding these Terms), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected partyINdigital’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this the Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of transportation. Either Party may terminate the foregoing, Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 90 days or more.

Appears in 1 contract

Samples: 9 1 1 Services and Software License Agreement

No Breach or Default. In no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this License Agreement, for any failure or delay in fulfilling or performing any term of this License Agreement, (except for any payment obligationobligations to make payments), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected party’s such Party's reasonable controlcontrol (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this AgreementEffective Date, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota quota, or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of transportation. The preceding sentence notwithstanding, the foregoing, COVID-19 pandemic is not and shall not be considered a Force Majeure Event”).

Appears in 1 contract

Samples: Intellectual Property License Agreement (CalAmp Corp.)

No Breach or Default. In no event Neither Party will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), obligations to make payments) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected partysuch Party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, pandemics, epidemics, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this AgreementEffective Date, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota quota, or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”)transportation.

Appears in 1 contract

Samples: End User License Agreement

No Breach or Default. In no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s 's reasonable controlcontrol (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications telecommunications, internet service or transportation facilities (each of the foregoing, transportation. Either party may terminate this Agreement if a Force Majeure Event”)Event affecting the other party continues substantially uninterrupted for a period of ninety (90) days or more.

Appears in 1 contract

Samples: Software as a Service Agreement

No Breach or Default. In no event will either Party Provider be liable or responsible to the other PartyCustomer, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected partyProvider’s reasonable controlcontrol (a “Force Majeure Event”), including loss of power, internet outages, acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. Either party may terminate this Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 30 days or more.

Appears in 1 contract

Samples: Application Services Agreement

No Breach or Default. In no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), obligations to make payments) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this AgreementEffective Date, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota quota, or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. Either Party may terminate this Agreement if a Force Majeure Event”)Event affecting the other Party continues substantially uninterrupted for a period of thirty (30) days or more.

Appears in 1 contract

Samples: Software Subscription License Agreement

No Breach or Default. In no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), obligations to make payments) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected partysuch Party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, pandemics, epidemics, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this AgreementEffective Date, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota quota, or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”)transportation.

Appears in 1 contract

Samples: Software License Subscription Agreement

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No Breach or Default. In no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), ) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. Either party may terminate this Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 30 days or more.

Appears in 1 contract

Samples: Software and Services License Agreement (Concreit Fund I LLC)

No Breach or Default. In no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s 's reasonable controlcontrol (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. Either party may terminate this Agreement if a Force Majeure Event”)Event affecting the other party continues substantially uninterrupted for a period of 30 days or more.

Appears in 1 contract

Samples: Website Use Agreement

No Breach or Default. In Subject to Section 15.5, in no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s 's reasonable controlcontrol (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, a “Force Majeure Event”)transportation.

Appears in 1 contract

Samples: Service Level Agreement

No Breach or Default. In no event will either Party COMPANY be liable or responsible to the other PartyLicensee, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, Agreement (except for any payment obligation), ) when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected such party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, pandemic, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation facilities (each of the foregoing, transportation. COMPANY may terminate this Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 30 days or more.

Appears in 1 contract

Samples: Click Through Software and Services License Agreement

No Breach or Default. In no event will either Party party be liable or responsible to the other Partyparty, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by or results from acts any circumstances beyond the affected partysuch Party’s reasonable controlcontrol (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power power, telecommunications, or telecommunications or transportation facilities (each of the foregoing, transportation. Either Party may terminate this Agreement if a Force Majeure Event”)Event continues substantially uninterrupted for a period of 60 days or more.

Appears in 1 contract

Samples: Subscription Agreement

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