Common use of Actions of Other Party Clause in Contracts

Actions of Other Party. Neither party shall be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if such failure or delay is caused by the actions or omissions of the other party or breaches of this Master Agreement or a Service Agreement by the other party provided that the party which is unable to perform has provided the other party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts to perform notwithstanding the actions, omissions or breaches of the other party.

Appears in 1 contract

Samples: Service Tower Agreement

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Actions of Other Party. Neither party Party shall be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if and to the extent such failure or delay is caused by the actions or omissions of the other party Party or breaches of this Master Agreement Agreement, or a Service Agreement or Change Order, by the other party Party, provided that the party Party which is unable to perform has provided the other party Party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts to perform notwithstanding the actions, omissions or breaches of the other partynon- performance.

Appears in 1 contract

Samples: Master Services Agreement (Bellwether Exploration Co)

Actions of Other Party. Neither party shall Party will be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if and to the extent such failure or delay is caused by the actions or omissions of the other party Party or breaches of this Master Agreement or a Service Agreement by the other party Party provided that the party Party which is unable to perform has provided the other party Party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts commercially reasonable efforts to perform notwithstanding the actions, omissions or breaches of the other partyParty.

Appears in 1 contract

Samples: Master Agreement (Office Depot Inc)

Actions of Other Party. Neither party Party shall be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if such failure or delay is caused by the actions or omissions of the other party Party or breaches of this Master Agreement or a Service Agreement by the other party Party provided that the party Party which is unable to perform has provided the other party Party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts to perform notwithstanding the actions, omissions or breaches of the other partyParty.

Appears in 1 contract

Samples: Service Agreement

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Actions of Other Party. Neither party Party shall be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if and to the extent such failure or delay is caused by the actions or omissions of the other party Party or breaches of this Master Agreement or a Service Agreement by the other party Party provided that the party Party which is unable to perform has provided the other party Party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts to perform notwithstanding the actions, omissions or breaches of the other partyParty.

Appears in 1 contract

Samples: Service Agreement (Montgomery Ward Holding Corp)

Actions of Other Party. Neither party Party shall be liable for any failure or delay in the performance of its obligations under this Master Agreement or any Service Agreement if and to the extent such failure or delay is caused by the actions or omissions of the other party Party or breaches of this Master Agreement or a Service Agreement by the other party Party provided that the party Party which is unable to perform has provided the other party Party with reasonable notice of such non-performance and has used Commercially Reasonable Efforts commercially reasonable efforts to perform notwithstanding the actions, omissions or breaches of the other partyParty.

Appears in 1 contract

Samples: Master Services Agreement (Nuevo Energy Co)

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