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 utility, transportation, computer (hardware or software) or communication service (other than loss or malfunction of hardware or software resulting in substantial part from design defects by DST); 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, 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. Nothing in this Section shall limit DST’s obligations to promptly implement its business continuity plan, and related policies and procedures.

Force Majeure and Disaster Recovery Plans. A. DST shall not be responsible or liable for its failure or reasonable 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 utility, transportation, computer (hardware or software) or communication service (other than loss service; inability to obtain labor, material, equipment or malfunction of hardware transportation, or software resulting in substantial part from design defects by DST); 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 's reasonable control which prevents or hinders DST’s 's performance hereunder. Nothing in this Section The preceding sentence shall limit not lessen DST’s obligations to promptly implement its business continuity plan, and related policies and proceduresunder Section 9.B below.