Excused Performance definition

Excused Performance means the situation where there is a Service Failure but the Contractor demonstrates to the Authority that such failure was directly attributable to one of the circumstances specified in clauses 9.5.1 and 9.5.2

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Excused Performance means the situation where there is a Service Level Failure but the Contractor demonstrates to the Commission that such failure was directly attributable to one of the circumstances specified in paragraph 6 of Schedule A6 (Service Levels);

Excused Performance. If, as the result of a Force Majeure Event (as defined below), ARTIST is unable to, or is prevented from, performing the Engagement or any portion thereof or any material obligation under this Agreement, then ARTIST’s obligations hereunder will be fully excused, there shall be no claim for damages or expenses by PURCHASER, and PURCHASER shall bear its own costs and expenses in connection with this Agreement. Notwithstanding the foregoing: (i) PURCHASER shall be obligated and liable to ARTIST for such

Examples of Excused Performance in a sentence

• If either party refuses, fails or is unable to perform or observe any of the terms or conditions of this Agreement for any reason other than for Excused Performance as set forth in this Agreement, the party claiming such deficiency shall provide the breaching party written notice of any such breach.

• If Contractor desires to initiate a Scope Change because of an Excused Performance Event or otherwise, Contractor shall, within seven (7) Business Days after first becoming aware (or should have been aware, using all reasonable due diligence) that a Scope Change may be necessary, provide notice thereof to Concessionaire.

• If Concessionaire and Contractor are unable in good faith to agree that an Excused Performance Event has occurred, either Party may submit the dispute to dispute resolution under Article 19; provided, however, that the burden of proof as to whether an Excused Performance Event has occurred and whether the Excused Performance Event excuses the Party from performance under Section 11.1 shall be upon the Party claiming such Excused Performance Event.

• For the avoidance of doubt, failure of VITA, Customers, or third-party contractors of VITA or Customers to perform tasks, actions and responsibilities expressly assigned to it under this Agreement and upon which an obligation or responsibility of Supplier is dependent shall not be deemed a contractual breach for which remedy, other than the relief provided in this Section 1.13 (Supplier Excused Performance) is available.

• Each Service will list any applicable Scheduled Maintenance that will operate as an Excused Performance Problem.

• It is also understood that Contractor shall take all reasonable actions necessary to mitigate the effects of such Excused Performance Events to the extent practical.

• The Supplier acknowledges and agrees that the circumstances described in this Section 1.13 (Supplier Excused Performance), together with Section 21.3 (Force Majeure), are the only circumstances in which its failure to perform its obligations under this Agreement shall be excused and that Supplier shall not assert any other act or omission of VITA or other Customer as excusing any such failure on Supplier’s part.

• To the extent such notice is provided within a reasonable commercial time period, such instance of increased production volume will not be considered an Excused Performance Problem.

• Should a particular Service cycle represent an increase in production volume of Services of 20% or more of the normal production volume, EVERTEC agrees to exercise Best Efforts to provide the Services in accordance with the Service Levels; provided, however that upon EVERTEC’s notification to COMPANY that such increase will hinder EVERTEC’s ability to meet the established Service Levels, such instance of increased production volume will be considered an Excused Performance Problem.

• Cognizant will incur no liability or responsibility of any kind in relying on or complying with any such instructions, authorizations, advice, approvals or other information or if any breach of the Agreement (including a failure to meet Service Levels) is attributable to an Excused Performance Problem.

More Definitions of Excused Performance

Excused Performance means any suspension, delay or failure in the Foundation's performance of its duties and obligations pursuant to Article V or Article VI (other than Section 6.9) of this Agreement by reason of the occurrence of any one or more of the following conditions or events: (a) Force Majeure; (b) subsurface conditions relating to the Project Site; (c) the presence of Hazardous Materials on the Project Site or the actual or alleged violation or required compliance with any Environmental Law which is not caused by the Foundation; or (d) acts of or a failure to act or undue delays by the Industrial Board or the Foundation. In the event that the Foundation desires to assert an Excused Performance as the reason for any suspension, delay or failure in performing any obligation or agreement under Article V or Article VI of this Agreement, the Foundation shall notify the other parties hereto of such Excused Performance and set forth in such notice the Foundation's good faith estimate of the number of days of Excused Performance expected to result therefrom, and shall advise the other parties hereto of any change in such estimate. Any Excused Performance shall be deemed to commence on the day that the event causing such Excused Performance first adversely affects performance of the Foundation's obligations.