No liability for other’s failure. Neither party will be responsible, liable, or held to be in breach of this Agreement for any failure to perform its obligations under this Agreement or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under this Agreement, or by the negligence or misconduct of the other party or its personnel.
No liability for other’s failure. Neither party will be responsible, liable, or held to be in breach of these Terms of Service for any failure to perform its obligations under these Terms of Service or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms of Service, or by the negligence or misconduct of the other party or its personnel.
No liability for other’s failure. Subject to clause 9, neither Party shall be responsible, liable, or held to be in breach of this Agreement for any failure to perform its obligations under this Agreement or otherwise, to the extent that such failure is directly attributable to the other Party failing to comply with its obligations under this Agreement, or to the negligence or misconduct of the other Party or its personnel.