Common use of Impossibility of Performance Clause in Contracts

Impossibility of Performance. Neither CELLULAR ONE nor AGENT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2) acts of God; (3) acts or omissions of the other party; and (4) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 3 contracts

Samples: Agreement (Areawide Cellular Inc), Authorized Sales and Service Agreement (Areawide Cellular Inc), Agreement (Areawide Cellular Inc)

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Impossibility of Performance. Neither CELLULAR ONE SBMS nor AGENT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and (4iv) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 2 contracts

Samples: Authorized Agency Agreement (Cellstar Corp), Authorized Agency Agreement (Cellstar Corp)

Impossibility of Performance. Neither CELLULAR ONE Newco nor AGENT Company shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoesembargos, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 1 contract

Samples: Confidential Treatment (New Clearwire CORP)

Impossibility of Performance. Neither CELLULAR ONE Cingular nor AGENT Agent shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be maybe reasonable.

Appears in 1 contract

Samples: Non Exclusive Agreement (Inphonic Inc)

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Impossibility of Performance. Neither CELLULAR ONE Clearwire nor AGENT Company shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1i) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other party; and or (4iv) fires, strikes, embargoesembargos, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Appears in 1 contract

Samples: Sales Representative Agreement (Clearwire Corp /DE)

Impossibility of Performance. Neither CELLULAR ONE i2c nor AGENT CLIENT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1i) compliance with any law, ruling, order, regulation, regulation or requirement or instruction of any federal, state or municipal government or any department or agency thereof or court of competent jurisdiction; (2ii) acts of God; (3iii) acts or omissions of the other partyParty; and or (4iv) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonablereasonable and accordingly any Charges due for any such services not provided or delayed may be withheld until restored.

Appears in 1 contract

Samples: Electronic Transaction Processing Services Agreement (Prepaid Card Holdings, Inc.)

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