Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 28 contracts
Samples: Confidential Interactive Marketing Agreement (Styleclick Com Inc), Interactive Marketing Agreement (Etoys Inc), Interactive Marketing Agreement (Autotrader Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or ------ default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 7 contracts
Samples: Interactive Marketing Agreement (Bid Com International Inc), Interactive Marketing and Distribution Agreement (Stamps Com Inc), Confidential Treatment (Purchasepro Com Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 6 contracts
Samples: Confidential Interactive Marketing Agreement (N2k Inc), Confidential Interactive Marketing Agreement (N2k Inc), Confidential Interactive Marketing Agreement (1 800 Flowers Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of ------ or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 5 contracts
Samples: Interactive Marketing Agreement (Homegrocer Com Inc), Interactive Marketing Agreement (Homegrocer Com Inc), Confidential Marketing Agreement (Emachines Inc /De/)
Excuse. Neither Party will be party is liable for, or and will not be considered in default or breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence, provided that the affected party will use reasonable efforts to resume normal performance as promptly as possible.
Appears in 4 contracts
Samples: Confidential Treatment (Barnesandnoble Com Inc), Merchant Agreement (1 800 Flowers Com Inc), Merchant Agreement (Barnesandnoble Com Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. Provided that the non-performing Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party.
Appears in 3 contracts
Samples: Icq Mobile Developer Program Agreement (IXI Mobile, Inc.), Program Agreement (IXI Mobile, Inc.), Mobile Developer Program Agreement (IXI Mobile, Inc.)
Excuse. Neither Party will party shall be liable for, or be considered in breach of or default under this Agreement (except with respect to payment and confidentiality obligations hereunder) on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Software License and Service Agreement (Globetech Ventures Corp), Software Development Agreement (Coram Healthcare Corp)
Excuse. Neither Party will shall be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Confidential Agreement for Consulting Services (Liveworld Inc), Confidential Agreement for Consulting Services (Liveworld Inc)
Excuse. Neither Party will be liable for, or be considered in breach ------ of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Interactive Marketing Agreement (Homestore Com Inc), Confidential Marketing Agreement (Emachines Inc /De/)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions conditions, which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Interactive Services Agreement (WebMD Health Corp.), Interactive Services Agreement (WebMD Health Holdings, Inc.)
Excuse. Neither Party party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Confidential Interactive Marketing Agreement (TNPC Inc), Confidential Interactive Marketing Agreement (TNPC Inc)
Excuse. Neither Party will shall be liable for, or be considered in breach of ------ or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 2 contracts
Samples: Confidential Treatment (Autoweb Com Inc), Development and Services Agreement (Drkoop Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence., except that, to the extent expressly stated
Appears in 2 contracts
Samples: Interactive Marketing Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence. *** Confidential portions of this document have been redacted and have been filed separately with the Commission.
Appears in 1 contract
Samples: Interactive Marketing Agreement (Barnesandnoble Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's ’s reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Samples: License and Services Agreement (Viewpoint Corp/Ny/)
Excuse. Neither Party will party shall be liable for, or be considered in ------ breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Excuse. Neither Party will party shall be liable for, or be considered in breach of or in default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Partyparty's reasonable control and which such Party party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Excuse. Neither Party will be liable for, or be considered in breach of or --- ------ default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
Appears in 1 contract
Samples: Confidential Interactive Marketing Agreement (Musicmaker Com Inc)
Excuse. Neither Party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.. EXECUTION COPY
Appears in 1 contract
Samples: Services Agreement (Switchboard Inc)
