Non-Performance Excused Clause Samples
The 'Non-Performance Excused' clause defines circumstances under which a party is not held liable for failing to fulfill contractual obligations. Typically, this clause applies when non-performance results from events beyond a party's reasonable control, such as natural disasters, government actions, or other force majeure events. Its core function is to protect parties from penalties or breach claims when unforeseen events make performance impossible or impractical, thereby allocating risk and ensuring fairness in the contract.
Non-Performance Excused. Subject to clauses 25.3 and 25.4, any failure by either Party to perform an obligation under this Agreement will, during the time and to the extent that such performance is prevented, wholly or in part, by Force Majeure:
(a) be excused and not constitute a default of that Party's obligations under this Agreement; and
(b) not give rise to any Liability to the other Party.
Non-Performance Excused. Subject to clause 14.2, non-performance by either party of any of its obligations under the Agreement (other than the Industry Body’s obligation to pay the Charges) will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by Force Majeure. Any fixed or periodic components of the Charges will be reduced by a reasonable proportion to reflect any reduction in the Services and Deliverables as a result of such Force Majeure affecting the Service Provider.
Non-Performance Excused. (a) Subject at all times to clauses 21.3(b) and 21.4, non-performance (wholly or in part) as a result of a Force Majeure Event by a Recipient of any obligation required by this Funding Agreement to be performed will, other than as explicitly set out in this Funding Agreement:
(1) be excused during the time and to the extent that the Force Majeure Event prevents such performance, wholly or in part; and
(2) not give rise to any liability to the Department or any liability of any kind arising out of, or in any way connected with, that non-performance.
(b) Nothing in this clause 21.3 will affect any Milestone Long Stop Date or any right the Department may have under clause 24.1(g).
Non-Performance Excused. Non performance by LMA or the Utility of any obligation or condition required by this Agreement to be performed, will be excused during the time and to the extent that such performance is prevented, wholly or in part, by a Force Majeure Event.
Non-Performance Excused. Non-performance (wholly or in part) as a result of Force Majeure by an Affected Party of any obligation or condition required by this Agreement to be performed:
(a) will be excused during the time and to the extent that Force Majeure prevents such performance, wholly or in part; and
(b) will not give rise to any Liability to the other party for any Liability of any kind arising out of, or in any way connected with that non-performance.
Non-Performance Excused. (a) Non-performance (in whole or in party) as a result of Force Majeure by an Affected Party of any obligation or condition required by this agreement to be performed:
(i) will be excused during the time and to the extent that Force Majeure prevents such performance, wholly or in part; and
(ii) will not give rise to any liability to the other party for any liability of any kind arising out of, or in any way connected with that non-performance.
(b) Clause 24.3(a) does not apply in respect of an obligation of an Affected Party to pay money.