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.
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.
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.
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.
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.
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.
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.
If Supplier does not notify Wards of any Excused Performance Problem (as described in Section III.D above) within ninety (90) days of the date Supplier provides Performance Reports covering the time period during which the Excused Performance Problem is alleged to have occurred, then Supplier shall be deemed to have waived the claim of an Excused Performance Problem.