Common use of Effect on Performance Clause in Contracts

Effect on Performance. Neither Party shall be liable in any manner for any delays or failures in its performance under this Agreement to the extent such failures or delays are caused by conditions, acts, or events of Force Majeure. Except as otherwise expressly provided for in this Agreement, the existence of an event of Force Majeure shall not relieve the Parties of their obligations under this Agreement to the extent that performance of such obligations is not affected by the event of Force Majeure.

Effect on Performance. Neither Party shall be liable in any manner for any delays or failures in its performance under this Agreement as and to the extent (i) such failures or delays are substantially caused by conditions, acts, conditions or events of Force Majeure, and (ii) the conditions of Section 11.1(D)(1) (Satisfaction of Certain Conditions) are satisfied. Except as otherwise expressly provided for in this Agreement, the existence of an event of Force Majeure shall not relieve the Parties of their obligations under this Agreement to the extent that performance of such obligations is not affected precluded by the event of Force Majeure.