Common use of Excuse from Performance Clause in Contracts

Excuse from Performance. Buyer will be excused from performance under this Agreement if performance is rendered impracticable by any accident, breakdown, riot, war, delay, labor or transportation problem, act of God, or other causes or conditions, whether of like or different nature, that are beyond Buyer’s reasonable control. In the event of Seller’s delay or failure to perform, in addition to all other remedies available, Buyer may at its option (a) require Seller to procure the Work from other sources or (b) procure some or all of the Work itself from other sources and reduce or terminate (at Buyer’s option) Buyer’s obligation to Seller under the applicable Purchase Order, without liability to Seller. At Buyer’s request, Seller shall provide adequate assurances that the delay or failure to perform will not exceed thirty (30) days. If Seller fails to provide such assurances within ten (10) days of Buyer’s request or fails to perform within the thirty (30) day period, Buyer may immediately cancel the applicable Purchase Order, all other outstanding Purchase Orders, and this Agreement without liability, and Buyer may pursue all remedies available to it against Seller.

Excuse from Performance. Buyer will be is excused from performance under this Agreement if performance is rendered impracticable by any accident, ; breakdown, ; riot, ; war, ; delay, ; labor or transportation problem, ; act of God, ; or other causes or and conditions, whether of like or different nature, that are beyond Buyer’s reasonable control. In the event of Seller’s delay or failure to perform, in addition to all other remedies available, Buyer may at its option (a) require Seller to procure the Work provide Articles from other sources or (b) procure some or all of the Work purchase Articles itself from other sources and reduce or terminate (at Buyer’s option) Buyer’s its obligation to Seller under the applicable Purchase OrderOrder by the quantities purchased, without liability to Seller. At Buyer’s request, Seller shall will provide adequate assurances that the delay or failure to perform will not exceed thirty (30) days. If Seller fails to provide such assurances within ten (10) days of Buyer’s request or fails to perform within the thirty (30) day 30 days period, Buyer may immediately cancel the applicable Purchase Order, all other outstanding Purchase Orderspurchase orders, and and/or this Agreement without liability, and Buyer may pursue all remedies available to it against Seller.

Excuse from Performance. Buyer will be excused from performance under this Agreement if performance is rendered impracticable by any accident, breakdown, riot, war, delay, labor or transportation problem, act of God, or other causes or conditions, whether of like or different nature, that are beyond Buyer’s reasonable control. In the event of Seller’s delay or failure to perform, in addition to all other remedies available, Buyer may at its option (a) require requires Seller to procure the Work from other sources or (b) procure some or all of the Work itself from other sources and reduce or terminate (at Buyer’s option) Buyer’s obligation to Seller under the applicable Purchase Order, without liability to Seller. At Buyer’s request, Seller shall provide adequate assurances that the delay or failure to perform will not exceed thirty (30) days. If Seller fails to provide such assurances within ten (10) days of Buyer’s request or fails to perform within the thirty (30) day period, Buyer may immediately cancel the applicable Purchase Order, all other outstanding Purchase Orders, and this Agreement without liability, and Buyer may pursue all remedies available to it against Seller.

Excuse from Performance. Buyer will be excused from performance under this Agreement these Terms and any Order if performance is rendered impracticable by any accident, breakdown, riot, war, delay, labor labour or transportation problem, act of God, or other causes or conditions, whether of like or different nature, that are beyond Buyer’s reasonable control. In the event of Seller’s delay or failure to performperform for any reason, in addition to all other remedies available, Buyer may at its option (a) require Seller to procure the Work Products from other sources or (b) procure some or all of the Work Products itself from other sources and reduce or terminate (at Buyer’s option) Buyer’s obligation to Seller under the applicable Purchase Order, without liability to Seller. At Buyer’s request, Seller shall provide adequate assurances that the delay or failure to perform will not exceed thirty (30) 10 days. If Seller fails to provide such assurances within ten (10) 3 days of Buyer’s request or fails to perform within the thirty (30) 10-day period, Buyer may immediately cancel the applicable Purchase Order, all other outstanding Purchase Orders, and this Agreement and/or these Terms without liability, and Buyer Xxxxx may pursue all remedies available to it against Seller.