Non-Performing Party. The Party who is in breach of, or is otherwise failing to perform, its obligations under this Agreement.

Non-Performing Party means a Party which is unable to perform all or any of its obligations by reason of Force Majeure;

Non-Performing Party means either the Affected Party or the Defaulting Party.

Examples of Non-Performing Party in a sentence

If the Force Majeure Event does not affect the Wholesale Services to all of the Eligible Premises, the Non-Performing Party shall only be relieved of its obligations in respect of those Eligible Premises which are affected.
Force majeure events shall excuse the affected party (the "Non-Performing Party") from its obligations under this Agreement so long as the event and its effects continue.
As soon as feasible, the Non-Performing Party shall notify the other party of (a) its best reasonable assessment of the nature and duration of the force majeure event, and (b) the steps it is taking to mitigate its effects.
If the Non-Performing Party owes the Termination Amount to the Performing Party, the Non-Performing Party shall pay the Termination Amount on the second Business Day after it receives the statement.
Notwithstanding the foregoing, in lieu of closing out, liquidating and terminating such Specified Transactions, to the extent practicable and if mutually agreed to by the Parties, the Parties shall use commercially reasonable efforts to permit the Non-Performing Party to assume the Performing Party’s obligations under such Specified Transactions upon commercially reasonable terms.

More Definitions of Non-Performing Party

Non-Performing Party shall have the meaning set forth in Section 11.2(b)(3) of this Agreement.

Non-Performing Party has the meaning given to it in Clause 9.1;

Non-Performing Party shall have the meaning given such term in Section 10.5(a).

Non-Performing Party shall have the meaning set forth in Section 4.11(a)(i).

Non-Performing Party has the meaning ascribed to it in Section 12.

Non-Performing Party has the meaning set forth in Section 9.8.1 hereof.

Non-Performing Party means either the Affected Party (as defined in Section 18.3) or the Defaulting Party, as defined in Section 18.4.