Non-Performing Party. The Party who is in breach of, or is otherwise failing to perform, its obligations under this Agreement.

Non-Performing Party means a Party which is unable to perform all or any of its obligations by reason of Force Majeure;

Non-Performing Party means either the Affected Party or the Defaulting Party.

Examples of Non-Performing Party in a sentence

Not later than five (5) business days after becoming aware of the occurrence of a Force Majeure Event, the Non-Performing Party shall send written notice to the Performing Party describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the performance of the Non-Performing Party’s obligations under this Lease.
When a Force Majeure Event no longer prevents the Non-Performing Party from (i) resuming performance of its obligations under this Lease, or (ii) satis- fying the conditions precedent to the Performing Party’s obligations, the Non-Performing Party shall im- mediately give the Performing Party written notice to that effect and shall resume performance under this Lease no later than five (5) business days after the notice is delivered.
Except as explicitly set forth otherwise in this Lease, the relief offered by this Force Majeure provision is the exclusive remedy available to the Non-Performing Party with respect to a Force Majeure Event.
Notwith- standing the preceding sentence, a Force Majeure Event does not excuse any obligation by either the Per- forming Party or the Non-Performing Party to make any payment required under this Lease.

More Definitions of Non-Performing Party

Non-Performing Party shall have the meaning set forth in Section 11.2(b)(3) of this Agreement.

Non-Performing Party has the meaning given to it in Clause 9.1;

Non-Performing Party shall have the meaning given such term in Section 10.5(a).

Non-Performing Party shall have the meaning set forth in Section 4.11(a)(i).

Non-Performing Party means a party to this Agreement who fails to perform any obligation or comply with any requirement of such party under this Agreement.

Non-Performing Party has the meaning set forth in Section 9.8.1 hereof.

Non-Performing Party means either the Affected Party (as defined in Section 18.3) or the Defaulting Party, as defined in Section 18.4.