Exclusions From Force Majeure. The following events shall not be deemed a Force Majeure Event: (i) a hardware or software failure of computer equipment not caused by events set forth in Section 10.6(a); (ii) failure to perform as a result of Year 2000 complications; (iii) Bank’s failure to perform its obligations because of Bank’s failure to comply with, or the failure of Bank’s Disaster Recovery Plan; or (iv) JCPenney’s failure to perform its obligations because of JCPenney’s failure to comply with, or the failure of JCPenney’s Disaster Recovery Plan.
Appears in 2 contracts
Sources: Consumer Credit Card Program Agreement, Consumer Credit Card Program Agreement (J C Penney Co Inc)
Exclusions From Force Majeure. The following events shall not be deemed a Force Majeure Event: (i) a hardware or software failure of computer equipment not caused by events set forth in Section 10.6(a12.19(a) (Definition of Force Majeure); (ii) failure to perform as a result of Year 2000 complications; (iii) Bank’s failure to perform its obligations because of Bank’s failure to comply with, or the failure of Bank’s Disaster Recovery Plan; or (iviii) JCPenney’s failure to perform its obligations because of JCPenney’s failure to comply with, or the failure of JCPenney’s Disaster Recovery Plan; or (iv) a Security Incident.
Appears in 1 contract