Performance Exceptions Sample Clauses
A Performance Exceptions clause defines circumstances under which a party is excused from fulfilling its contractual obligations due to specific events or conditions. Typically, this clause outlines scenarios such as force majeure events, regulatory changes, or other unforeseen obstacles that prevent timely or complete performance. By clearly identifying these exceptions, the clause protects parties from liability when performance becomes impossible or impractical, thereby allocating risk and ensuring fairness in the face of uncontrollable events.
Performance Exceptions. Aquila is not required to provide any Service to the extent the provision thereof (i) becomes impracticable, in any material respect, as a result of a cause or causes outside of Aquila’s reasonable control (including any labor dispute or labor or materials shortage or interruption), or (ii) would require Aquila to violate any Law, Order, or other binding commitment or obligation of Aquila to any Governmental Entity or other third party.
Performance Exceptions. Provider is not required to provide any Service to the extent the provision thereof (a) becomes impracticable, in any material respect, as a result of a cause or causes outside of Provider’s reasonable control (including any labor dispute or labor or materials shortage or interruption), or (b) would require Provider to violate any applicable law, regulation, or other binding commitment or obligation of Provider to any governmental entity or other third party.
Performance Exceptions. A "Performance Exception" with respect to the a failure on the part of Chautauqua to achieve the performance metrics of Fleet Launch Percentage, On Time Departure Percentage and Completion Percentage as defined in Section 8.2(a) or the Completion Percentage under Section 7.3(b) shall be deemed to have occurred if any of the following conditions are met:
(a) A performance metric of the same or lesser magnitude (as measured on a percentage basis) was experienced by US Airways and/or other air carriers performing flying in the same or comparable (i.e., geographically similar) origin-destination points during the same time period and flying a similar number of cycles per day;
(b) The failure to achieve the performance metric is directly attributable to (i) a labor dispute, strike or slowdown, or (ii) the performance of one or more specific aircraft within the Aircraft (including FAA action) or one or more specific routes flown by the aircraft within the Aircraft, and such performance is caused by aircraft scheduling decisions made by US Airways or aircraft damage caused by US Airways personnel performing, or third party personnel contracted by US Airways to perform, ground support services related to this Agreement. In the event of such specific aircraft or route issue, Chautauqua shall promptly notify US Airways in writing of the issue and each party shall promptly take steps to coordinate a commercially reasonable cure for such issue. In the event US Airways receives written notice of an issue within its control to correct, US Airways will promptly provide written notice to Chautauqua of the date by which such issue is expected to be cured and will adjust Chautauqua's --------- * Confidential affected performance metrics to the extent affected by such issue during the period prior to such cure taking effect."
Performance Exceptions. Customer’s remedies under this SLA shall not accrue, and Service Provider shall not be responsible for deterioration or degradation of the Services or for paying any Credits for failure to comply with the terms of this SLA, to the extent such remedy or failure results, in whole or in part, from:
(i) any occurrence, cause or event, including Unscheduled Downtime, outside Service Provider’s reasonable control, which includes, but is not limited to, the factors identified in Section 13 (Force Majeure) of the SLA and any suspension pursuant to Section 9 of the SLA;
(ii) (ii) any action or inaction of Customer or any third party; (iii) Customer’s equipment or any third party equipment not within the sole control of Service Provider or a party under contract with Service Provider to provide services in connection with the Agreement; (iv) any defect or bug in the Software or a patch;
(iii) (v) Customer’s failure to follow any Service Provider recommendation;
(iv) (vi) Customer’s connectivity services; or
(v) (vii) any third party software interfacing with any Software.
Performance Exceptions. A “Performance Exception” with respect to the failure on the part of Chautauqua to achieve the performance metrics of Controllable Fleet Launch Percentage, Controllable On-Time Departure Percentage and Controllable Completion Percentage as defined in Section 8.3(a) and 8.3(b) shall be deemed to have occurred if any of the following conditions are met:
(a) Chautauqua’s performance, [*].
(b) The failure to achieve the performance metric is directly attributable to [*], Chautauqua shall promptly notify US Airways in writing of such event and each party shall promptly take steps to coordinate a commercially reasonable cure for such event. If US Airways receives written notice of an event within its control to correct, US Airways shall promptly provide written notice to Chautauqua of the date by which such event is expected to be cured and shall adjust Chautauqua’s affected performance metrics to the extent affected by such event during the period prior to such cure taking effect. _____ * Confidential