Retailer not liable. The Retailer will not be liable for: (a) any failure to perform any obligation under this agreement caused by the Distributor’s failure to comply with this agreement; or (b) any failure to perform any obligation under this agreement arising from any defect or abnormal conditions in the Network, except to the extent that the failure is caused or contributed to by the Retailer not acting in accordance with this agreement.
Appears in 36 contracts
Samples: Use of System Agreement, Use of System Agreement, Use of System Agreement
Retailer not liable. The Retailer will not be liable for:
(a) any failure to perform any obligation under pursuant to this agreement caused by the Distributor’s failure to comply with this agreementthe same; or
(b) any failure to perform any obligation under to this agreement arising from any defect or abnormal conditions in the Network, except to the extent that the failure is caused or contributed to by the Retailer in circumstances where the Retailer was not acting in accordance with this agreement.
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Retailer not liable. The Retailer will not be liable for:
(a) any failure to perform any obligation under this agreement Agreement caused by the Distributor’s failure to comply with this agreementAgreement; or
(b) any failure to perform any obligation under this agreement Agreement arising from any defect or abnormal conditions in the Network, except to the extent that the failure is caused or contributed to by the Retailer not acting in accordance with this agreementAgreement.
Appears in 1 contract
Samples: Use of System Agreement
Retailer not liable. The Retailer will not be liable for:
(a) any failure to perform any obligation under this agreement caused by the Distributor’s failure to comply with this agreement; or
(b) any failure to perform any obligation under this agreement arising from any defect or abnormal conditions in the Network, except to the extent that the failure is caused or contributed to by the Retailer not acting in accordance with this agreement; or
(c) any breach of the Service Standards associated with the Distributor’s Agreement with a Customer.
Appears in 1 contract
Samples: Use of System Agreement
Retailer not liable. The Retailer will not be liable for:
(a) any failure to perform any obligation under this agreement caused by the Distributor’s failure to comply with this agreement; or
(b) any failure to perform any obligation under this agreement arising from any defect or abnormal conditions in the Network, except to the extent that the failure is caused or contributed to by the Retailer not acting in accordance with this agreement.. Model Use of System Agreement – Interposed – Final Draft – September 2012
Appears in 1 contract
Samples: Use of System Agreement
