Common use of Excuse Clause in Contracts

Excuse. Subject to Section 21.4 (Conditions), neither Party shall be considered in default under this Agreement for any delay or failure in its performance under this Agreement (including any obligation to deliver or accept Product) if such delay or failure is due to an event of Force Majeure, but only to the extent that: 21.1.1 such event of Force Majeure is not attributable to fault or negligence on the part of that Party; 21.1.2 such event of Force Majeure is caused by factors beyond that Party's reasonable control; and 21.1.3 despite taking all reasonable technical and commercial precautions and measures to prevent, avoid, mitigate or overcome such event and the consequences thereof, the Party affected has been unable to prevent, avoid, mitigate or overcome such event or consequences.

Excuse. Subject to Section 21.4 (Conditions)7.2, and except as expressly set forth herein, neither Party shall be considered in default under this Agreement for any delay or failure in its performance under this Agreement (including any obligation to deliver or accept Productthe Output) if such delay or failure is due to an event of a Force MajeureMajeure Event, but only to the extent that: 21.1.1 (i) such event of Force Majeure Event is not attributable to fault or negligence on the part of that Party; 21.1.2 (ii) such event of Force Majeure Event is caused by factors beyond that Party's ’s reasonable control; and 21.1.3 (iii) despite taking all reasonable technical and commercial precautions and measures to prevent, avoid, mitigate or overcome such event and the consequences thereof, the Party affected has been unable to prevent, avoid, mitigate or overcome such event or consequences.

Excuse. Subject to Section 21.4 (Conditions)8.2 below, and except as expressly set forth herein, neither Party shall be considered in default under this Agreement for any delay or failure in its performance under this Agreement (including any obligation to deliver or accept ProductOutput) if such delay or failure is due to an event of a Force MajeureMajeure Event, but only to the extent that: 21.1.1 such event of (i) Such Force Majeure Event is not attributable to fault or negligence or action or inaction on the part of that Party; 21.1.2 such event of (ii) Such Force Majeure Event is caused by factors beyond that Party's ’s reasonable control; and 21.1.3 despite (iii) Despite taking all commercially reasonable technical and commercial precautions and measures to prevent, avoid, mitigate or overcome such event and the consequences thereof, the Party affected has been unable to prevent, avoid, mitigate or overcome such event or consequences.

Excuse. Subject to Section 21.4 (Conditions)Except as expressly set forth herein, neither Party shall be considered in default under this Agreement Lease for any delay or failure in its performance under this Agreement Lease (including any obligation to deliver or accept Productexcept for payment of Rent) if such delay or failure is due to an event of directly caused by a Force MajeureMajeure Event, but only to the extent that: 21.1.1 (1) such event of Force Majeure Event is not attributable to fault or negligence or action or inaction on the part of that Party; 21.1.2 (2) such event of Force Majeure Event is caused by factors beyond that Party's ’s reasonable control; and 21.1.3 (3) despite taking all reasonable technical and commercial precautions and measures to prevent, avoid, mitigate or overcome such event and the consequences thereof, the Party affected has been unable to prevent, avoid, mitigate or overcome such event or consequences.