SUPPLIER RELIEF. 5.1 Xxxxxxx Associates shall not be in breach of this Agreement and shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by a Relief Event.
5.2 Where the Customer commits a breach of any of the Customer Obligations, Xxxxxxx Associates shall (without affecting any of its other rights or remedies) be entitled to suspend the performance of part or all of the Services until such time as the Customer Obligation is successfully completed or performed or this Agreement is terminated.
5.3 The Customer will indemnify and hold harmless Xxxxxxx Associates from and against all Liabilities which Xxxxxxx Associates incurs or suffers in respect of any non-compliance with the Customer Obligations.
SUPPLIER RELIEF. 4.1 The Supplier shall not be liable for any failure to perform its obligations under this Agreement to the extent that the Supplier is prevented from performing its obligations under this Agreement as a result of a failure by the Client to perform any of its own obligations under this Agreement or a Force Majeure Event as defined in clause 13.1 (each a “Relief Event”), provided that the Supplier takes all reasonable steps to perform its obligations and deliver the Services to the extent that it is still reasonably able to do so notwithstanding the Relief Event.
SUPPLIER RELIEF. 7.1 The Supplier shall not be in breach of this agreement and shall not be liable for any delay in delivery or failure to deliver the part of the Service to which the breach relates or any delay in performance or failure to perform its obligations under this agreement if and to the extent that such delay and/or breach and/or failure is caused by any breach by the Customer of any of its obligations under this agreement.
7.2 If the Supplier incurs additional direct costs in using its reasonable endeavours to perform the Services and/or deliver the Goods under an applicable Service Order as a direct result of any breach by the Customer of its obligations in this agreement it shall be entitled to recover such additional costs from the Customer.