Common use of Failure of Performance Clause in Contracts

Failure of Performance. Following online access approval, the Licensees and Authorized Users will be permitted to attempt access to the Licensed Material at any time. The Publisher will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failure of performance, except as already provided for in this Agreement. The Publisher may have contracted with one or more outside agencies to provide the online service and The Publisher shall seek to ensure that all services are provided by outside agencies as negotiated. The Publisher will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction. The Publisher’s responsibility to the Subscriber, Licensees and Authorized Users does not extend beyond such endeavors.