Delays or Failures Clause Examples

The "Delays or Failures" clause defines how situations involving late performance or non-performance by a party are handled under the contract. Typically, it outlines the circumstances under which delays or failures are excused, such as events beyond a party's reasonable control (often called force majeure), and may require prompt notification to the other party. This clause serves to allocate risk and clarify responsibilities when unforeseen events disrupt contractual obligations, helping to prevent disputes and ensure fairness.
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Delays or Failures. If either party’s breach of its obligations under this Agreement (the “Originating Party”) directly causes the other party’s (“Recipient Party”) failure to perform or delay in performing any Service, then the Recipient Party shall be deemed not to be in breach of this Agreement, nor shall such Recipient Party be obligated to make a payment for such failure or delay, but only if the Recipient Party promptly notifies the Contract Manager of the Originating Party (with written notice delivered within three business days after oral notice) of the Originating Party’s act or omission and of the Recipient Party’s failure or delay in performing under the circumstances.
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Delays or Failures. CalACES CONSORTIUM and CONTRACTOR agree that failed, delayed, and/or other performance not in compliance with the terms of this Agreement by CONTRACTOR will cause damages to CalACES CONSORTIUM which may be uncertain and would be impractical or difficult to ascertain; and CalACES CONSORTIUM may assess, and if assessed, CONTRACTOR promises to pay CalACES CONSORTIUM in the event of such failed, delayed, and/or other performance not in accordance with the terms of this Agreement the amounts described below as liquidated damages and not as penalties. The schedule of liquidated damages represents damages in
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Delays or Failures. The CONSORTIUM and CONTRACTOR agree that failed, delayed, and/or other performance not in compliance with the terms of this Agreement by CONTRACTOR will cause damages to the CONSORTIUM which may be uncertain and would be impractical or difficult to ascertain. Accordingly, the Parties agree that CONSORTIUM may assess, and if assessed, CONTRACTOR promises to pay the CONSORTIUM in the event of such failed, delayed, and/or other performance not in accordance with the terms of this Agreement, the amounts described below as liquidated damages and not as penalties. The schedule of liquidated damages represents damages in conformity with California Civil Code Section 1671, incurred in case of failed, delayed, or other performance not in accordance with the terms of this Agreement.
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Delays or Failures. Any delay or failure to exercise a right, power or remedy available to any Party for breach or failure under this Agreement, or waiver by a Party hereto (including Creations) of any provision or term contained herein, shall be made in writing and shall only become effective if expressly set forth in such document. All remedies, whether pursuant to this Agreement or otherwise granted to either Party (including Creations), shall be cumulative rather than alternative.
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Related to Delays or Failures

  • Delays If no event of Force Majeure shall have occurred and be continuing and in the event that a delay shall have been caused by the negligence or willful misconduct of the Custodian in carrying out an Instruction to credit or transfer cash, the Custodian shall be liable to the Fund: (a) with respect to Principal Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Custodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected; and, (b) with respect to Agency Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Subcustodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected. The Custodian shall not be liable for delays in carrying out Instructions to transfer cash which are not due to the Custodian's own negligence or willful misconduct.

  • Power Failure Power Failure means the failure of power or other utility service if the failure takes place off the "residence premises". But if the failure results in a loss, from a Peril Insured Against on the "residence premises", we will pay for the loss caused by that peril.

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Epidemic Failure Warranty Supplier warrants all Products against Epidemic Failure for a period of three years after DXC’s Acceptance. Epidemic Failure means the occurrence of the same failure, defect, or non-conformity with an Order in 2% or more of Products within any three-month period.

  • Act of God Landlord shall not be required to perform any covenant or obligation in this Lease, or be liable in damages to Tenant, so long as the performance or non-performance of the covenant or obligation is delayed, caused or prevented by an act of God, force majeure or by Tenant.