FORCE MAJEURE. No failure or omission by any party in the performance of any obligation of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability if the same shall arise from any cause or causes beyond the control of the party in question, as the case may be, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question: acts of God; acts or omissions of any government or any agency thereof; compliance with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; acts of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.

FORCE MAJEURE.Force Majeure. No party shall be liable or responsible to the other parties, nor be deemed to have defaulted under or breached this Agreement, for any failure or omission bydelay in fulfilling or performing any party in the performance of any obligation of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability if the same shall arise from any cause or causes beyond the control of the party in question, as the case may be, including, but not restricted to, the following, which, for the purposeterm of this Agreement, shall be regarded aswhen and to the extent such failure or delay is caused by or results from acts beyond the control of the party in question:affected party’s reasonable control, including, without limitation: # acts of God; acts# flood, fire or omissionsexplosion; # war, invasion, riot or other civil unrest; # government order or law; # actions, embargoes or blockades in effect on or after the date of any government or any agency thereof; compliance withthis Agreement; # action by any governmental authorityauthority; and # national or any officer, department, agencyregional emergency (a “Force Majeure Event”). The party suffering a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use good faith efforts to end the failure or instrumentality thereof; fire; storm; flood; earthquake; accident; actsdelay and minimize the effects of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.such Force Majeure Event.

FORCE MAJEURE. NoForce Majeure. Neither party shall be liable or deemed to be in default for any delay, interruption, or failure or omission by any party in the performance of any obligation ofunder this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability ifresulting from the same shall arise from any cause or causes beyond the control of the party in question, as the case may be, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question:following events: acts of God;God, acts of civil or omissions of any government or any agency thereof; compliance with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident;military authority; acts of the public enemy; war, declaredwar; accidents, fires, explosions, power surges, earthquakes, floods, or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputesunusually severe weather; strikes or differences with workmen; transportation embargoes orlabor disputes; delays in transportation.transportation or delivery outside the reasonable control of the affected party; epidemics; and any similar event beyond the affected party's reasonable control ("Force Majeure Event"), but only to the extent the work of the party to be performed is affected by said Force Majeure Event.

FORCE MAJEURE. No failure or omission by any party in the performanceForce Majeure. Failure of any Party to perform its obligations under this Agreement (except the obligation to make payments when properly due) shall not subject such Party to any liability or place them in breach of any term or condition of this Agreement (except payments hereunder) shall be deemedto the other Party to the extent (and only to the extent) that such failure is due to fire, explosion, flood, drought, war, terrorism, riot, sabotage, embargo, strikes or other labor trouble, failure of suppliers, a breach of this Agreement nor createnational health emergency, compliance with any liability if the same shall arise from any causeorder or causes beyond the control of the party in question, as the case may be, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question: acts of God; acts or omissionsregulation of any government entity acting with color of right, or any agency thereof; compliance with any governmental authorityother cause beyond the reasonable control of such non-performing Party and which is not caused by the negligence, intentional conduct or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; actsmisconduct of the public enemy; war, declarednon-performing Party (each such event or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.cause referred to as “force majeure”). The Party affected shall

FORCE MAJEURE. NoForce Majeure. Neither Party will be held liable or responsible to the other Party nor be deemed to have breached this Agreement for failure or omission bydelay in fulfilling or performing any party in the performance of any obligationprovision of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability if the same shall arisewhen such failure or delay results from any cause or causes beyond the reasonable control of the party in question, as the caseaffected Party, which may be, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question:include embargoes, acts of God; actswar (whether declared or omissions of any government or any agency thereof; compliance with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident;not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, or acts of God. The affected Party will notify the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.other Party of such force majeure circumstances as soon as reasonably practical and will make every reasonable effort to mitigate the effects of such force majeure circumstances.

FORCE MAJEURE.Force majeure. No Party shall be liable for the failure or omission by any partyto carry out its obligations hereunder in the performanceevent that it is prevented from doing so by an event of any obligationforce majeure being an event which is, or the consequences of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability ifwhich are, beyond the same shall arise from any cause or causes beyond thereasonable control of the party in question,Parties including strikes, riots, fires, typhoon, labor disturbances, insurrection, war, terrorism, acts of civil or military authorities, failures of carriers, acts of God or public enemy. In the event of force majeure, the obligations under this Agreement of the Party affected by the force majeure shall be suspended for as long as the case may be, including, but not restricted to,force majeure continues and to the following, which, forextent which the purpose of this Agreement, shall be regarded as beyondforce majeure affects the control of the party in question: acts of God; acts or omissions of any government or any agency thereof; compliance with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; acts of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.Party’s obligations.

FORCE MAJEURE. No failure or omission by any party inForce Majeure. If the performance of any obligation of this Agreement (except payments hereunder)or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be deemedconsidered a breach of this Agreement nor create any liability if the same shall arise from any cause or causes beyond the control of the party in question, as the case may be, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question: acts of God; acts or omissions of any government or any agency thereof; compliance with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; acts of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.Agreement.

FORCE MAJEURE.Force Majeure. No failure or omissionliability hereunder shall result to a Party by any partyreason of delay in the performance of any obligation of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liability if the same shall arise from any cause or causescaused by force majeure that are circumstances beyond the reasonable control of the party in question, as the case may be,Party, including, but not restricted to, the following, which, for the purpose of this Agreement, shall be regarded as beyond the control of the party in question:without limitation, acts of God; actsGod, fire, flood, war, civil unrest, labor unrest, or omissionsshortage of any government or any agency thereof; compliance with any governmental authorityinability to obtain material or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; acts of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.equipment.

FORCE MAJEURE. No failure or omission by any party in the performanceForce Majeure. Failure of any Party to perform its obligations under this Agreement (except the obligation to make payments when properly due) shall not subject such Party to any liability or place them in breach of any term or condition of this Agreement (except payments hereunder) shall be deemed a breach of this Agreement nor create any liabilityto the other Party if the same shall arise fromsuch failure is due to any cause or causes beyond the reasonable control of such non-performing Party (“Force Majeure”), unless conclusive evidence to the party in question, as the case may be, including, but not restricted to, the following, which, for the purposecontrary is provided. Causes of this Agreement,non-performance constituting Force Majeure shall be regarded as beyond the control of the party in question:include, without limitation, acts of God; actsGod, fire, explosion, flood, drought, war, riot, sabotage, embargo, strikes or omissionsother labor trouble, failure in whole or in part of suppliers to deliver on schedule materials, equipment or machinery, interruption of or delay in transportation, a national health emergency or compliance with any order or regulation of any government entity acting with color of right. The Party affected shall promptly notify the other Party of the condition constituting Force Majeure as defined herein and shall exert reasonable efforts to eliminate, cure and overcome any such causes and to resume performance of its obligations with all possible speed; provided that nothing herein shall obligate a Party to settle on terms unsatisfactory to such Party any strike, lockout or other labor difficulty, any agency thereof; compliance withinvestigation or other proceeding by any governmentalpublic authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; actslitigation by any Third Party. If a condition constituting Force Majeure as defined herein exists for more than ​ consecutive days, the Parties shall meet to negotiate a mutually satisfactory resolution to the problem, if practicable. If the Parties cannot in good faith reach a satisfactory resolution to the problem within ​ days of meeting, the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.matter shall be handled pursuant to the dispute resolution provisions of Article XIII herein.

FORCE MAJEURE. No failure or omission by anyForce Majeure. Except for monetary obligations hereunder, neither party in the performance of any obligation of this Agreement (except payments hereunder) shallwill be deemed a breach of this Agreement nor create any liability if the same shall ariseresponsible for delays resulting from any cause or causes beyond the reasonable control of such party, including fire, explosion, flood, war, strike, or riot, provided that the nonperforming party in question, as the case may be, including, but not restricted to, the following, which, for the purposeuses commercially reasonable efforts to avoid or remove such causes of nonperformance and continues performance under this Agreement, shall be regarded as beyond the control of the party in question: acts of God; acts or omissions of any government or any agency thereof; complianceAgreement with any governmental authority or any officer, department, agency or instrumentality thereof; fire; storm; flood; earthquake; accident; acts of the public enemy; war, declared or undeclared; rebellion; insurrection; riot; sabotage; invasion; quarantine restrictions; strike; lockout; disputes or differences with workmen; transportation embargoes or delays in transportation.reasonable dispatch whenever such causes are removed.