Common use of DELAY IN OR PREVENTION OF PERFORMANCE Clause in Contracts

DELAY IN OR PREVENTION OF PERFORMANCE. Seller will not be liable for any expense, loss or damage resulting from delay in delivery or prevention of performance caused by any event beyond Seller’s reasonable control (collectively, a “Force Majeure”), including without limitation: fire; flood; storm; act of God; strike, labor dispute or labor shortage; lack of or inability to obtain materials, fuels, supplies or equipment; civil unrest or riots; accident; transportation delay or shortage; act or failure to act of Buyer or any government; or any other cause whatsoever, provided that such cause is beyond Seller’s reasonable control. Seller will have such additional time for performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by Force Majeure. Buyer’s acceptance of any Goods will constitute Buyer’s waiver of any claim for damages on account of any delay in delivery of such Goods. If delivery is delayed or interrupted by Force Majeure, Seller may store the Goods at Buyer’s expense and risk and charge Buyer a reasonable storage rate. If Seller is delayed because it is awaiting Buyer’s approval or acceptance of designs, drawings, prints or engineering or technical data, or is awaiting Buyer’s approval or acceptance of the Goods, Seller will be entitled to an adjustment in price commensurate with any increase in Seller’s production costs and any other losses and expenses incurred by Seller attributable to such delays.

DELAY IN OR PREVENTION OF PERFORMANCE. Seller will not be liable for any expense, loss or damage resulting from delay in delivery or prevention of performance caused by any event beyond Seller’s reasonable control (collectively, a “Force Majeure”), including without limitation: fire; flood; storm; act of God; strike, labor dispute or labor shortage; lack of or inability to obtain materials, fuels, supplies or equipment; civil unrest or riotsriot; accident; transportation delay or shortage; act or failure to act of Buyer any government or any governmentof Buyer; or any other cause whatsoever, provided that such cause is beyond Seller’s reasonable control. Seller will have such additional time for performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by Force Majeure. Buyer’s acceptance of any Goods will constitute Buyer’s waiver of any claim for damages on account of any delay in delivery of such Goods. If delivery is delayed or interrupted by Force Majeure, Seller may store the Goods at Buyer’s expense and risk and charge Buyer a reasonable storage rate. If Seller is delayed because it is awaiting Buyer’s approval or acceptance of designs, drawings, prints or prints, engineering or technical data, or is awaiting Buyer’s approval or acceptance of the Goods, Seller will be entitled to an adjustment in price commensurate with any increase in Seller’s its cost of production costs and any other losses and expenses incurred by Seller attributable to such delays.

DELAY IN OR PREVENTION OF PERFORMANCE. Seller will not be liable for any expense, loss or damage resulting from delay in delivery or prevention of performance caused by any event beyond Seller’s reasonable control (collectively, a “Force Majeure”), including without limitation: fire; flood; storm; act of God; strike, labor dispute or labor shortage; lack of or inability to obtain materials, fuels, supplies or equipment; civil unrest or riotsriot; accident; transportation delay or shortage; act or failure to act of Buyer any government or any governmentof Buyer; or any other cause whatsoever, provided that such cause is beyond Seller’s reasonable reasona‐ ble control. Seller will have such additional time for performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by Force Majeure. Buyer’s acceptance of any Goods will constitute Buyer’s waiver of any claim for damages on account of any delay in delivery of such Goods. If delivery is delayed or interrupted by Force Majeure, Seller may store the Goods at Buyer’s expense and risk and charge Buyer a reasonable storage rate. If Seller is delayed because it is awaiting Buyer’s approval or acceptance of designs, drawings, prints or prints, engineering or technical data, or is awaiting Buyer’s approval or acceptance of the Goods, Seller will be entitled to an adjustment in price commensurate with any increase in Seller’s its cost of production costs and any other losses and expenses incurred by Seller attributable to such delays.

DELAY IN OR PREVENTION OF PERFORMANCE. Seller will not be liable for any expense, loss or damage resulting from delay in delivery or prevention of performance caused by any event beyond Seller’s reasonable control (collectively, a “Force Majeure”), including without limitation: fire; flood; storm; act of God; strike, labor dispute or labor shortage; lack of or inability to obtain materials, fuels, supplies or equipment; civil unrest or riots; accident; transportation delay or shortage; act or failure to act of Buyer or any government; or any other cause whatsoever, provided that such cause is beyond Seller’s reasonable control. Seller will have such additional time for performance as may be reasonably necessary under the circumstances and may adjust the price to reflect increases occasioned by Force Majeure. BuyerXxxxx’s acceptance of any Goods will constitute BuyerXxxxx’s waiver of any claim for damages on account of any delay in delivery of such Goods. If delivery is delayed or interrupted by Force Majeure, Seller may store the Goods at Buyer’s expense and risk and charge Buyer a reasonable storage rate. If Seller is delayed because it is awaiting Buyer’s approval or acceptance of designs, drawings, prints or engineering or technical data, or is awaiting Buyer’s approval or acceptance of the Goods, Seller will be entitled to an adjustment in price commensurate with any increase in Seller’s production costs and any other losses and expenses incurred by Seller attributable to such delays.