Common use of Force Majeure and Disaster Recovery Plans Clause in Contracts

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any public utility, transportation, computer (hardware or software, provided any such hardware has been reasonably maintained in accordance with the manufacturer’s instructions, if any, and any delay or failure caused by such malfunctioning hardware cannot be mitigated or eliminated by implementation of the Disaster Recovery Plan) or communication service (provided that any such delay caused by the inability to access the telecommunication lines/network between the Trust and DST or obstruction of such telecommunication lines/network between the Trust and DST cannot reasonably be circumvented through the prompt implementation of alternative routing options); any inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection.

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: any interruption, loss or malfunction of any public utility, transportation, computer (hardware or software, provided any such hardware has been reasonably maintained in accordance with the manufacturer’s instructions, if any, and any delay or failure caused by such malfunctioning hardware cannot be mitigated or eliminated by implementation of the Disaster Recovery Plana disaster recovery plan) or communication service (provided that any such delay caused by the inability to access the telecommunication lines/network between the Trust Fund and DST or obstruction of such telecommunication lines/network between the Trust Fund and DST cannot reasonably be circumvented through the prompt implementation of alternative routing options); any inability to obtain labor, material, equipment or transportation, or a delay in mails; governmental or exchange action, statute, ordinance, rulings, regulations or direction; war, strike, riot, emergency, civil disturbance, terrorism, vandalism, explosions, labor disputes, freezes, floods, fires, tornados, acts of God or public enemy, revolutions, or insurrection; or any other cause, contingency, circumstance or delay not subject to DST's reasonable control which prevents or hinders DST's performance hereunder.