Force Majeure. Neither Party will be held liable or responsible to the other Party nor be deemed to have breached this Agreement for failure or delay in fulfilling or performing any provision of this Agreement when such failure or delay results from causes beyond the reasonable control of the affected Party, which may include embargoes, acts of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, or acts of God. The affected Party will notify the 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. Neither Party willparty shall be held liable or responsible to the other Party nor be deemed to have breachedbe in default for any delay, interruption, or failure in performance under this Agreement for failureresulting from the following events: acts of God, acts of civil or delaymilitary authority; acts of the public enemy; war; accidents, fires, explosions, power surges, earthquakes, floods, or unusually severe weather; strikes or labor disputes; delays in fulfillingtransportation or performing any provision of this Agreement when such failure or delay results from causes beyonddelivery outside the reasonable control of the affected Party, which may include embargoes, actsparty; epidemics; and any similar event beyond the affected party's reasonable control ("Force Majeure Event"), but only to the extent the work of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, or acts of God. Thethe party to be performed is affected Party will notify the 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.by said Force Majeure Event.
Force Majeure. Neither Party willNo party shall be held liable or responsible to the other Partyparties, nor be deemed to have defaulted under or breached this AgreementAgreement, for any failure or delay in fulfilling or performing any provisionterm of this AgreementAgreement, when and to the extent such failure or delay is caused by or results from causesacts beyond the affected party’s reasonable control of the affected Party, which may include embargoes,control, including, without limitation: # acts of war (whether declaredGod; # flood, fire or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockoutsexplosion; # war, invasion, riot or other labor disturbances,civil unrest; # government order or actslaw; # actions, embargoes or blockades in effect on or after the date of God.this Agreement; # action by any governmental authority; and # national or regional emergency (a “Force Majeure Event”). The affected Party will notifyparty suffering a Force Majeure Event shall give notice to the other Partyparty, stating the period of such force majeure circumstances as soon as reasonably practicaltime the occurrence is expected to continue and will make every reasonable effortshall use good faith efforts to mitigateend the failure or delay and minimize the effects of such force majeure circumstances.Force Majeure Event.
Force Majeure. Neithermajeure. No Party willshall be held liable for the failure to carry out its obligations hereunder in the event that it is prevented from doing so by an event of force majeure being an event which is, or responsible to the other Party nor be deemed to have breached this Agreement for failure or delay in fulfilling or performing any provisionconsequences of this Agreement when such failure or delay results from causeswhich are, beyond the reasonable control of the affected Party, which may include embargoes,Parties including strikes, riots, fires, typhoon, labor disturbances, insurrection, war, terrorism, acts of war (whether declaredcivil or not), insurrections, riots, civil commotions,military authorities, failures of carriers, acts of terrorism, strikes, lockoutsGod or other labor disturbances, or actspublic enemy. In the event of God. Theforce majeure, the obligations under this Agreement of the Party affected Party will notifyby the other Party of such force majeure circumstancesshall be suspended for as soonlong as reasonably practical and will make every reasonable effort to mitigate the effects of such force majeure circumstances.continues and to the extent which the force majeure affects the Partys obligations.
Force Majeure. Neither Party willshall be held liable or responsible to the other Party noror be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any provisionterm of this Agreement when such failure or delay is caused by or results from causesevents beyond the reasonable control of the affectednon-performing Party, which may includeincluding fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotions, acts of terrorism,commotion, strikes, lockoutslockouts, or other labor disturbances,disturbances (whether involving the workforce of the non-performing Party or of any other Person), acts of God.God or acts, omissions or delays in acting by any governmental authority (except to the extent such delay results from the breach by the non-performing Party or any of its Affiliates of any term or condition of this Agreement). The affectednon-performing Party willshall notify the other Party of such force majeure circumstances as soon as reasonably practicalwithin [
] after such occurrence by giving written notice to the other Party stating the nature of the event, its anticipated duration, and will make everyany 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 non-performing Party shall use commercially reasonable effortefforts to mitigate the effects of such force majeure circumstances.remedy its inability to perform.
Force Majeure. Neither Party willshall be held liable or responsible to the other Party noror be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any provisionterm of this Agreement when such failure or delay is caused by or results from causesevents beyond the reasonable control of the affectednon-performing Party, which may includeincluding fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotions, acts of terrorism,commotion, strikes, lockouts or other labor disturbances,disturbances (whether involving the workforce of the non-performing Party or of any other Person), acts of God.God or acts, omissions or delays in acting by any governmental authority (except to the extent such delay results from the breach by the non-performing Party or any of its Affiliates of any term or condition of this Agreement) (each, a Force Majeure Event). The affectednon-performing Party willshall notify the other Party of such force majeure circumstances as soon as reasonably practicalForce Majeure Event within thirty (30) days after such occurrence by giving written notice to the other Party stating the nature of the Force Majeure Event, its anticipated duration, and will make everyany 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 non-performing Party shall use commercially reasonable effortefforts to mitigateremedy its inability to perform. Notwithstanding the effects of such force majeure circumstances.foregoing, a Force Majeure Event shall not excuse a Party from any payment obligations.
Force Majeure. NeitherNo liability hereunder shall result to a Party will be held liable or responsible to the other Party nor be deemed to have breached this Agreement for failure orby reason of delay in fulfilling or performing any provision of this Agreement when such failure or delay results from causesperformance caused by force majeure that are circumstances beyond the reasonable control of the affected Party, which may include embargoes,including, without limitation, acts of war (whether declaredGod, fire, flood, war, civil unrest, labor unrest, or not), insurrections, riots, civil commotions, actsshortage of terrorism, strikes, lockouts or other labor disturbances,inability to obtain material or acts of God. The affected Party will notify the 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.equipment.
Force Majeure. Neither Party willshall be held liable or responsible to the other Party nor be deemed to have breached this Agreement for failure or delay in fulfilling or performing any provision of this Agreement when such failure or delay resultsdelays resulting from causes beyond the reasonable control of such Party, including, without limitation fire, explosion, flood, war, strike, or riot, provided that the affected Party, which may include embargoes, actsnonperforming Party uses commercially reasonable efforts to avoid or remove such causes of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, or acts of God. The affected Party will notify the other Party ofnonperformance and continues performance under this Agreement with reasonable dispatch whenever such force majeure circumstances as soon as reasonably practical and will make every reasonable effort to mitigate the effects of such force majeure circumstances.causes are removed.
Force Majeure. NeitherFailure of any Party will be held liableto perform its obligations under this Agreement (except the obligation to make payments when properly due) shall not subject such Party to any liability or responsibleplace them in breach of any term or condition of this Agreement to the other Party nor be deemed to have breached this Agreement for failure or delay in fulfilling or performing any provision of this Agreement whenthe extent (and only to the extent) that such failure is due to fire, explosion, flood, drought, war, terrorism, riot, sabotage, embargo, strikes or delay results from causesother labor trouble, failure of suppliers, a national health emergency, compliance with any order or regulation of any government entity acting with color of right, or any other cause beyond the reasonable control of such non-performing Party and which is not caused by the negligence, intentional conduct or misconduct of the non-performing Party (each such event or cause referred to as force majeure). The Party affected Party, which may include embargoes, acts of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, or acts of God. The affected Party will notify the 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.shall
Force Majeure. NeitherFailure of any Party will be held liableto perform its obligations under this Agreement (except the obligation to make payments when properly due) shall not subject such Party to any liability or responsibleplace them in breach of any term or condition of this Agreement to the other Party nor be deemed to have breached this Agreement for failure or delay in fulfilling or performing any provision of this Agreement whenif such failure or delay results from causesis due to any cause beyond the reasonable control of such non-performing Party (Force Majeure), unless conclusive evidence to the affected Party, which may include embargoes,contrary is provided. Causes of non-performance constituting Force Majeure shall include, without limitation, acts of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockoutsGod, fire, explosion, flood, drought, war, riot, sabotage, embargo, strikes or other labor disturbances,trouble, failure in whole or actsin part of God.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 Party willshall 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 force majeure circumstancescauses 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 investigation or other proceeding by any public authority or any litigation by any Third Party. If a condition constituting Force Majeure as soon as reasonably practical and will make every reasonable effortdefined herein exists for more than consecutive days, the Parties shall meet to mitigatenegotiate a mutually satisfactory resolution to the effectsproblem, if practicable. If the Parties cannot in good faith reach a satisfactory resolution to the problem within days of such force majeure circumstances.meeting, the matter shall be handled pursuant to the dispute resolution provisions of Article XIII herein.
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