Common use of Excuse from Performance Clause in Contracts

Excuse from Performance. No party shall be considered to be in default with respect to any obligation herein and no party shall forfeit any right provided herein if the defaulting party was prevented from fulfilling such obligation or exercising such right by reason of Uncontrollable Forces. A party rendered unable to fulfill any obligation or exercise any right by reason of Uncontrollable Forces shall use every reasonable effort to remove such inability with all reasonable dispatch.

Excuse from Performance. No Except as provided otherwise in Section 8.2, no party shall be considered to be in default with respect to any obligation herein and no party shall forfeit any right provided herein if herein, if, and for the period of no default, the defaulting party was prevented from fulfilling such obligation or exercising such right by reason of Uncontrollable Forces. A party rendered unable to fulfill any obligation or exercise any right by reason of Uncontrollable Forces shall use every reasonable effort to remove such inability with all reasonable dispatch.