Subcontractor's Default. Any delays in performance by Seller's subcontractors or suppliers shall be deemed excusable delays with respect to Seller only if (i) such subcontractor's non-performance is caused by Force Majeure and (ii) Seller could not have obtained the supplies or services of such subcontractor from other sources in sufficient time and on customary terms to prevent interruption of Seller's performance of this Agreement.
Appears in 7 contracts
Samples: Supply Agreement (Omnisky Corp), Supply Agreement (Novatel Wireless Inc), Supply Agreement (Novatel Wireless Inc)
