Non-Performance Due to Force Majeure. Non-performance by either XL or the Supplier of any of its obligations under this agreement must be excused during the time and to the extent that performance is prevented, wholly or in part, by a Force Majeure Event.
Appears in 6 contracts
Samples: Development Work Agreement (Motricity Inc), Services Agreement (Motricity Inc), Licence and Maintenance Agreement (Motricity Inc)