Common use of Effects of Force Majeure Clause in Contracts

Effects of Force Majeure. No Party shall be in breach of this Agreement if there is any failure of performance under this Agreement occasioned by any reason beyond the control and without the fault or negligence of the Party affected thereby, including without limitation an act of God, fire, act of government or state, war, civil commotion, insurrection, terrorism, embargo, prevention from or hindrance in obtaining energy or other utilities, labor disputes of whatever nature or any other reason beyond the control and without the fault or negligence of the Party affected thereby (a "Force Majeure Event"). Such excuse shall continue as long as the Force Majeure Event continues. Upon cessation of such Force Majeure Event, the affected Party shall promptly resume performance hereunder.

Appears in 3 contracts

Samples: Manufacturing Services Agreement (Trubion Pharmaceuticals, Inc), Manufacturing Services Agreement (Trubion Pharmaceuticals, Inc), Manufacturing Services Agreement (Trubion Pharmaceuticals, Inc)

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Effects of Force Majeure. No Neither Party shall be in breach of this Agreement if there is any failure of performance under this Agreement (except for payment of any amounts due hereunder) occasioned by any reason beyond the control and without the fault or negligence of the Party affected thereby, including without limitation an act of God, accident, fire, act of government or state, war, riot, civil commotion, sabotage, insurrection, terrorism, embargo, prevention from compliance with governmental requests, laws, rules, regulations, orders or hindrance in obtaining energy or other utilitiesactions, labor disputes of whatever nature national defense requirements, or any other reason beyond the reasonable control and without the fault or negligence of the Party affected thereby (a "Force Majeure Event"). Such excuse shall continue as long as the Force Majeure Event continues. Upon Subject to Section 17.2(g), upon cessation of such Force Majeure Event, the affected Party shall promptly resume performance hereunder.

Appears in 2 contracts

Samples: Supply Agreement (Relypsa Inc), Supply Agreement (Relypsa Inc)

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Effects of Force Majeure. No Neither Party shall be held liable or responsible for failure or delay in breach fulfilling or performing any of this Agreement if there is any failure of performance its obligations under this Agreement occasioned (other than payment) if such failure or delay is caused by acts of God, acts of the public enemy, fire, explosion, flood, drought, war, terrorists, riot, sabotage, embargo, or by any reason other event or circumstance of like or different character to the foregoing beyond the reasonable control and without the fault or negligence of the affected Party affected thereby, including without limitation an act of God, fire, act of government or state, war, civil commotion, insurrection, terrorism, embargo, prevention from or hindrance in obtaining energy or other utilities, labor disputes of whatever nature or any other reason beyond the control and without the fault or negligence of the Party affected thereby (a "Force Majeure Event"). Such excuse shall continue as long as the Force Majeure Event continues, provided that if such event has continued for a period of one hundred and twenty (120) days or longer, either Party may terminate this Agreement upon notice to the other Party. Upon cessation of such Force Majeure Event, the affected such Party shall promptly resume performance hereunderunder this Agreement.

Appears in 1 contract

Samples: Manufacture, License and Distribution Agreement (SCOLR Pharma, Inc.)

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