Common use of Excusable Failure Clause in Contracts

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-­‐performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-­‐ performing party through the use of alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non-­‐performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-­‐ performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the Deliverable(s) for more than 10 Days, and Xxxxx X.X.X.X. reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Xxxxx X.X.X.X., Xxxxx

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-­‐performing non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-­‐ non- performing party through the use of alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non-­‐performing non-performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-­‐ non- performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the Deliverable(s) for more than 10 Days, and Xxxxx X.X.X.X. reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Xxxxx X.X.X.X., Xxxxx

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that under the Contract to the extent such default, damage or delay is caused by government regulations or requirementsrequirements (executive, legislative, judicial, military or otherwise), power failure, electrical surges or current fluctuations, lightning, earthquake, war, water or other forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' ’ failures, or acts or omissions of common carriers, fire, ; riots, civil disorders, rebellions or revolutions in any country; strikes or other labor disputes, embargoes, ; injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), ; or any other cause beyond the reasonable control of a such party; provided the non-­‐performing non-performing party and any its Subcontractors are without fault in causing the such default or delay, and the such default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-­‐ non-performing party through the use of alternate sources, workaround plans, plans or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listedIn such event, the non-­‐performing non-performing party will be excused from any further performance or observance of its the obligation so affected obligation(s) for as long as the such circumstances prevail. The non-­‐ performing prevail and such party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must continues to use its commercially reasonable efforts to resume performancerecommence performance or observance whenever and to whatever extent possible without delay and provided further that such party promptly notifies the other party in writing of the inception of the excusable failure occurrence, and also of its abatement or cessation. If any of the reasons listed above-enumerated circumstances substantially prevent, hinder, or delay the Contractor's ’s performance of the Deliverable(s) services for more than 10 Daysten (10) business days, and Xxxxx X.X.X.X. reasonably the State determines that performance is not likely to be resumed within a period of time that is satisfactory to Xxxxx X.X.X.X.the State in its reasonable discretion, Xxxxxthen at the State’s option: (a) the State may procure the affected services from an alternate source, and the State shall not be liable for payment for the unperformed services under the Contract for so long as the delay in performance shall continue; (b) the State may terminate any portion of the Contract so affected and the charges payable there under shall be equitably adjusted to reflect those services terminated; or (c) the State may terminate the affected Statement of Work without liability to Contractor as of a date specified by the State in a written notice of termination to Contractor, except to the extent that the State shall pay for products and services provided through the date of termination. Contractor will not have the right to any additional payments from the State as a result of any excusable failure occurrence or to payments for services not rendered as a result of the excusable failure condition. Defaults or delays in performance by Contractor which are caused by acts or omissions of its Subcontractors will not relieve Contractor of its obligations under the Contract except to the extent that a Subcontractor is itself subject to an excusable failure condition described above and Contractor cannot reasonably circumvent the effect of the Subcontractor’s default or delay in performance through the use of alternate sources, workaround plans or other means.

Excusable Failure. Neither party will be liable for any default, damage or delay in the performance of its obligations that is caused by government regulations or requirements, power failure, electrical surges or current fluctuations, war, forces of nature or acts of God, delays or failures of transportation, equipment shortages, suppliers' failures, acts or omissions of common carriers, fire, riots, civil disorders, labor disputes, embargoes, injunctions (provided the injunction was not issued as a result of any fault or negligence of the party seeking to have its default or delay excused), or any other cause beyond the reasonable control of a party; provided the non-­‐performing non-performing party and any Subcontractors are without fault in causing the default or delay, and the default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-­‐ non-performing party through the use of alternate sources, workaround plans, or other means, including disaster recovery plans. If a party does not perform its contractual obligations for any of the reasons listed, the non-­‐performing non- performing party will be excused from any further performance of its affected obligation(s) for as long as the circumstances prevail. The non-­‐ non-performing party must promptly notify the other party immediately after the excusable failure occurs, and when it abates or ends. Both parties must use commercially reasonable efforts to resume performance. If any of the reasons listed substantially prevent, hinder, or delay the Contractor's performance of the Deliverable(s) for more than 10 Days, and Xxxxx X.X.X.X. the State reasonably determines that performance is not likely to be resumed within a period of time that is satisfactory to Xxxxx X.X.X.X.the State, Xxxxxthe State may: