Common use of FAILURE IN PERFORMANCE Clause in Contracts

FAILURE IN PERFORMANCE. No liability shall result to either party from delay in performance or non-performance) in whole or in part caused by circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, supplies of Product, or feedstock for making Product, from any of Seller’s/ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller’s/ExxonMobil Selling Affiliates’ own requirements and/or its obligations to its customers, Seller’s/ExxonMobil Selling Affiliates’ obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller’s/ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller’s/ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller’s/ExxonMobil Selling Affiliates’ business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.

FAILURE IN PERFORMANCE. No liability shall result to either a party from delay in performance or non-performance) performance in whole or in part caused by or circumstances reasonably beyond the control of the party affected, including but not limited to, acts of God, terrorist activity, transportation failure, breakdowns, equipment failure, shortage or inability to obtain Product or raw material for Product, or good-faith compliance with any governmental order or request (whether valid or invalid). Regardless, however, of the occurrence or nonoccurrence of any such circumstances, if, if supplies of Product, or feedstock for making Product, from any of Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ existing sources are curtailed or are inadequate to meet Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ own requirements and/or its obligations to its customers, Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ obligation to deliver Product during such period shall be reduced to the extent necessary, in Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ reasonable judgment, to apportion fairly among Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ own requirements and its customers such Product as received and as may be available in the ordinary and usual course of Seller’s/Seller’s/ ExxonMobil Selling Affiliates’ business from any existing sources of supply at the location(s) from which deliveries like those covered hereby are normally shipped. Seller/Seller/ ExxonMobil Selling Affiliates shall not be obligated to purchase or obtain Product, or feedstock to make Product, to replace deliveries omitted or curtailed under this paragraph.