DEFINITION AND NOTICE. Force Majeure" shall mean any event, not existing as of the Effective Date and not reasonably within the control of the Parties as of such date, which, in whole or in material part, prevents or makes commercially unreasonable one Party's performance of its obligations under this Agreement. Force Majeure shall include, without limitation: fire, storm, earthquake, flood, acts of State or other governmental action, war or civil unrest, strikes, and prolonged shortage of energy or any other supplies. A Party affected by an event of Force Majeure shall promptly provide the other Party with written notice describing the event, its cause and foreseeable duration, and its possible consequences upon performance under this Agreement.
Appears in 2 contracts
Samples: License Agreement (Mgi Pharma Inc), License Agreement (Mgi Pharma Inc)
DEFINITION AND NOTICE. Force Majeure" shall mean any event, not existing as of the Effective Date and not reasonably within the control of the Parties parties as of such date, which, in whole or in material part, prevents or makes commercially unreasonable one Partyparty's performance of its obligations under this Agreement. Force Majeure shall include, without limitation: fire, storm, earthquake, flood, acts of State or other governmental action, war or civil unrest, strikes, and prolonged shortage of energy or any other supplies. A Party party affected by an event of Force Majeure shall promptly provide the other Party party with written notice describing the event, its cause and foreseeable duration, and its possible consequences upon performance under this Agreement.
Appears in 1 contract
Samples: License, Research and Development Agreement (Mgi Pharma Inc)
DEFINITION AND NOTICE. Force Majeure" shall mean any event, not existing as of the Effective Date and not reasonably within the control of the Parties as of such date, which, in whole or in material part, prevents or makes commercially unreasonable one Party's performance of its obligations under this Agreement. Force Majeure shall include, without limitation: fire, storm, earthquake, flood, acts of State or other governmental action, war or civil unrest, strikes, and prolonged shortage of energy or any other supplies. A Party affected by an event of Force Majeure shall promptly provide the other Party with written notice describing the event, its cause and foreseeable duration, and its possible consequences upon performance under this Agreement.. 10.2
Appears in 1 contract
Samples: Agreement (Mgi Pharma Inc)
