Excusable Nonperformance. Except for obligations to make payments hereunder, if either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Appears in 3 contracts
Sources: Software License and Services Agreement, Ongoing License, Maintenance, and Services Agreement, Ongoing License, Maintenance, and Services Agreement
Excusable Nonperformance. Except for obligations to make payments hereunder, if either party is delayed or prevented from performing its obligations under this Agreement as a result of any cause beyond its reasonable control, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer▇▇▇▇▇▇▇▇, at Customer▇▇▇▇▇▇▇▇'s request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Excusable Nonperformance. Except for obligations to make payments hereunder, if either party If ES&S is delayed or prevented from performing its obligations under this Agreement as a result of due to any cause beyond its reasonable control, including acts including, but not limited to, natural disaster, fire, flood, unusually severe weather, terrorism, insurrection, war, communications or transportation disruptions, Acts of God, fire, floods, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, disputes and governmental regulations and utility or communication interruptionsregulations, the delay shall be excused during the continuance of, and to the extent of, such cause, and the period of performance shall be extended to the extent necessary to allow performance after the cause of delay has been removed. ES&S agrees to work with Customer, at Customer's request, to develop mutually agreeable alternatives in order to minimize the negative impact of any such delay.
Appears in 1 contract
Sources: Hardware Maintenance and Software Maintenance and Support Services Agreement