Force Majeure, Suspension and Termination. In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected immediately shall give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. If the period of nonperformance exceeds fifteen (15) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.
Force Majeure, Suspension and Termination. InMajeure Rights. If either Party is prevented or delayed in the event that either party is unable to performperformance of any of its obligations under thisthe Agreement or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to asby a "ForceForce Majeure Event"), the party who has been so affected immediatelyEvent, such Party shall give prompt written notice thereof to the other partyParty specifying the matters constituting Force Majeure Event together with such evidence as reasonably can give and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. Ifspecifying the period of nonperformance exceeds fifteen (15) days fromfor which it is estimated that such prevention or delay will continue, the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected byParty claiming a Force Majeure Event shall likewise be extendedexcused from the performance or the punctual performance of such obligations as the case may be from the date of such notice for a period equalso long as such cause of prevention or delay shall continue. Notwithstanding the foregoing, if the Party claiming Force Majeure Event estimates that the delay will exceed days, or if the delay has, in fact, exceeded days, the other Party may terminate this Agreement by giving at least days written notice to the duration of such event.other Party.
Force Majeure, Suspension and Termination. In the event that either party is unable to performMajeure. If fulfillment of any of its obligationsobligation under this Agreement (except for financial obligations) is prevented, restricted, or interfered with by causes beyond either Party’s reasonable control (“Force Majeure”), and if the Party unable to enjoy anycarry out its obligations gives the other Party prompt written notice of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure notsuch event, then the faultobligations of the affected party (hereinafter referredParty invoking this provision shall be suspended to asthe extent necessary by such event. As used in this Agreement, the term “Force Majeure” shall include acts of God, strikes or other labor disturbances, shortages of labor or materials, war (whether declared or undeclared), sabotage, terrorism, civil strife or commotion, governmental laws, regulations or restrictions or changes to governmental laws, regulations or restrictions, acts by governmental authorities, and any other cause or causes, whether or not similar to those specified herein, which cannot reasonably be controlled by such Party. If any such Force Majeure continues for a "Force Majeure Event"),period in excess of 90 days, then any Party has the party who has been so affected immediately shall giveright to terminate this Agreement upon written notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. If the period of nonperformance exceeds fifteen (15) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.Party.
Force Majeure, Suspension and Termination. InMajeure. Neither Party shall be held liable or responsible to the event that either partyother Party or be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is unablecaused by or results from events beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances (whether involving the workforce of the non-performing Party or of any other Person), acts of God or acts, omissions or delays in acting by any governmental authority (except to performthe extent such delay results from the breach by the non-performing Party or any of its obligations underAffiliates of any term or condition of this Agreement or to enjoy anyAgreement) (each, a Force Majeure Event). The non-performing Party shall notify the other Party of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to as a "Forcesuch Force Majeure Event"), the party who has been so affected immediately shall giveEvent within thirty (30) days after such occurrence by giving written notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. IfParty stating the period of nonperformance exceeds fifteen (15) days from the receipt of noticenature of the Force Majeure Event, its anticipated duration, and any action being taken to avoid or minimize its effect. The suspension of performance shall be of no greater scope and no longer duration than is necessary and the party whose abilitynon-performing Party shall use commercially reasonable efforts to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery dueremedy its inability to Force Majeure Events shall automatically extendperform. Notwithstanding the delivery date for a period equal to the duration of such events; any warranty period affected byforegoing, a Force Majeure Event shall likewise be extended fornot excuse a period equal to the duration of such event.Party from any payment obligations.
Force Majeure, SuspensionMajeure. Neither Party shall lose any rights hereunder or be liable to the other Party for damages or Losses on account of failure of performance by the defaulting Party if the failure is occasioned by any cause (a “Force Majeure Event”) beyond the reasonable control of the defaulting Party, including, without limitation, such Force Majeure Events as government action (including, without limitation, the issuance of a temporary injunction, preventing the manufacture or sale of a Product in the Territory), war, fire, explosion, flood, embargo, unavailability of, or shortage of raw materials or other materials, unavailability or shortage of testing solvents or materials, failure of equipment despite regular maintenance, or act of God, provided that the Party claiming force majeure event has exerted all reasonable efforts to avoid or remedy such force majeure event and Termination. Ingiven prompt notice to the event that either party is unableother Party. The affected Party shall exert Commercially Reasonable Efforts to remedy the Force Majeure Event promptly, perform any of its obligations under this Agreement or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected immediately shall give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. If the period of nonperformance exceeds fifteen (15) days from the receipt of notice ofextent feasible given the Force Majeure Event, and give the party whose abilityother Party prompt written notice when it is again fully able to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.obligations.
Force Majeure, Suspension and Termination. In the event that either party is unable to perform anycase of its obligations under this Agreement or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected immediately shall give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. If the period of nonperformance exceeds fifteen (15) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event the time for performance required by a Party under this Agreement shall likewise be extended for aany period equal toduring which the duration ofperformance is prevented by the event. However, the other Party may terminate this Agreement by notice in writing if such event.an event which prevents performance continues for more than [
].
Force Majeure, Suspension and Termination. InMajeure. Both Parties will be excused from the event that either party is unable to perform anyperformance of itstheir obligations under this Agreement to the extent that such performance is prevented or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure notdelayed by force majeure and the faultnonperforming Party promptly provides notice of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected immediately shall give noticeprevention to the other partyParty. Such excuse will be continued so long as the condition constituting force majeure continues and shall do everything possiblethe nonperforming Party takes reasonable efforts to resume performance. Upon receipt of such notice,remove the condition; provided, however, that if the condition constituting force majeure continues for more than ninety (90) consecutive days the other Party has the option to terminate this Agreement shall immediately be suspended. Ifupon written notice. For purposes of this Agreement, force majeure will mean conditions beyond the period of nonperformance exceeds fifteen (15) days from the receipt of noticecontrol of the Force Majeure Event,Parties, including an act of God, war, civil commotion, terrorist act, labor strike or lock-out, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe, and failure of plant or machinery (provided that such failure could not have been prevented by the party whose ability to perform has not been so affected may by giving written notice terminate this Agreement. However, delaysexercise of skill, diligence, and prudence that would be reasonably and ordinarily expected from a skilled and experienced person engaged in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal tosame type of undertaking under the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.same or similar circumstances).
Force Majeure, Suspension and Termination. InIf the event that either party is unable to perform anyperformance by one Party of its obligations under this Agreement is directly affected or if one Party cannot perform this Agreement in accordance with the agreed conditions due to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actionsunforeseeable force majeure event or decrees of governmental bodiesan force majeure event whose consequences cannot be prevented or communications line failure notavoided, including earthquakes, typhoons, floods, fires, wars, computer viruses, design loopholes in software tools, hacker attacks on the fault ofInternet, changes to policies or laws, etc, the affected party (hereinafter referred to asParty shall immediately give a "Force Majeure Event"), the party who has been so affected immediately shall give notice by fax to the other partyParty and shall do everythingwithin fifteen (15) days provide the other Party with supporting documents released by the relevant government authorities or a reliable third-party source describing the details of the force majeure event, and explain the reason why this Agreement cannot be performed or why the performance needs to be postponed. If the force majeure event lasts more than thirty (30) days, the Parties hereto shall negotiate amicably and as soon as possible to resume performance. Upon receiptdetermine whether or not part of such notice, this Agreement shall immediately be suspended. Ifreleased from performance or whether or not the periodperformance of nonperformance exceeds fifteen (15) days fromthis Agreement shall be postponed, depending on the receiptdegree of noticeimpact of this force majeure event on the performance of this Agreement. Each Party shall not be held liable for any economic losses of the Force Majeure Event, the party whose abilityother Party caused by such Partys failure to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in deliveryAgreement completely due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of suchforce majeure event.
Force Majeure, Suspension and Termination. InMajeure. Neither Party shall be held liable or responsible to the event that either partyother Party or be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is unablecaused by or results from events beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotion, strikes, lockouts, or other labor disturbances (whether involving the workforce of the non-performing Party or of any other Person), acts of God or acts, omissions or delays in acting by any governmental authority (except to performthe extent such delay results from the breach by the non-performing Party or any of its obligations underAffiliates of any term or condition of this Agreement or to enjoy anyAgreement). The non-performing Party shall notify the other Party of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected immediately shall givesuch force majeure within [
] after such occurrence by giving written notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. IfParty stating the period of nonperformance exceeds fifteen (15) days from the receipt of noticenature of the Force Majeure Event,event, its anticipated duration, and any action being taken to avoid or minimize its effect. The suspension of performance shall be of no greater scope and no longer duration than is necessary and the party whose abilitynon-performing Party shall use commercially reasonable efforts to perform has not been so affected may by giving written notice terminate this Agreement. However, delays in delivery dueremedy its inability to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.perform.
Force Majeure, SuspensionWhen a force majeure event occurs, the affected Party shall timely and Termination. Infully give the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of (or if loss of Product is caused by) natural disaster, actions or decrees of governmental bodies or communications line failure notother Party a written notice, and inform the faultother Party of the affected party (hereinafterpossible impacts on this Agreement, and shall deliver relevant proof within 60 days after the termination of the force majeure. The force majeure referred to as a "Force Majeure Event"), the party who has been so affected immediately shall give noticehereunder includes but is not limited to the other partyfollows: natural disasters (earthquake, storm, typhoon, etc.), war, emergency power shutoff in the place where the server is located, government conduct, interruption of service by telecommunication business providers, and shall do everything possiblebeing forced to resume performance. Upon receipt of such notice, this Agreement shall immediately be suspended. Ifshut off the period of nonperformance exceeds fifteen (15) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected mayserver by giving written notice terminate this Agreement. However, delays in delivery due to Force Majeure Events shall automatically extend the delivery date for a period equal to the duration of such events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such event.temporary orders, etc..
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