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

Force majeure events shall excuse the affected party (the "Non-Performing Party") from its obligations under this Agreement so long as the event and its effects continue.
As soon as feasible, the Non-Performing Party shall notify the other party of (a) its best reasonable assessment of the nature and duration of the force majeure event, and (b) the steps it is taking to mitigate its effects.
If the Non-Performing Party owes the Termination Amount to the Performing Party, the Non-Performing Party shall pay the Termination Amount on the second Business Day after it receives the statement.
The Non-Performing Party shall indemnify and hold harmless the Performing Party for any reasonable damages, losses and expenses actually incurred by the Performing Party as a result of any Termination Event.
The Non-Performing Party shall reimburse the Performing Party for its reasonable costs and expenses, including reasonable attorneys’ fees, actually incurred in connection with the enforcement of, suing for or collecting any amounts payable by the Non-Performing Party.

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 ascribed to it in Section 12.

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