Common use of Failure of Performance Clause in Contracts

Failure of Performance. Following approval for online access, the Subscriber and Authorized Users will be permitted to attempt online access to the Licensed Materials at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections.

Failure of Performance. Following approval for online accessaccess approval, the Subscriber and Authorized Users will be permitted to attempt online access to the Licensed Materials at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, majeure or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections.

Failure of Performance. Following approval for online accessaccess approval, the Subscriber Licensee and Authorized Users will be permitted to attempt online access to the Licensed Materials at any time. ASCE, however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure, majeure or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such corrections.

Failure of Performance. Following approval for online access, the Subscriber and Authorized Users User will be permitted to attempt online access to the Licensed Materials at any timefor which the User maintains a current subscription. ASCE, however, ASCE will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure, or other failure of performance. ASCE will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correctionscorrection.