Common use of Effects of Force Majeure Clause in Contracts

Effects of Force Majeure. Neither Party shall be held liable or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of the affected Party including, without limitation, Acts of God, strikes or other labor disputes, war, riot, earthquake, fire, civil disorder, explosion, accident, flood, sabotage, lack of or inability to obtain adequate fuel, power, materials, labor, containers, transportation, supplies or equipment, compliance with governmental requests, laws, rules, regulations, orders or actions, national defense requirements, or supplier strike, lockout or injunction (a “Force Majeure Event”). Such excuse shall continue as long as the Force Majeure Event continues, except that Nycomed shall have the right to (i) terminate the Agreement without further obligation in the event that POZEN is not able to supply Nycomed with Product for a continuous period of six (6) months and (ii) seek an alternate supplier of the Product during the continuation of, and only during the continuation of, such a Force Majeure Event unless Nycomed can only secure an alternate supplier for a time period in excess of the Force Majeure Event period, in which case Nycomed shall resume its exclusive supply relationship with POZEN at the end of such period and extend the Term by a maximum of six (6) months. A breakage or failure of machinery not arising as a result of DSM’s failure to properly maintain such equipment in accordance with this Agreement shall also be considered a Force Majeure Event; however, in such case, the six (6) month period heretofore applied in this Section 18.1 shall be sixty (60) days. If no such termination by Nycomed occurs, upon cessation of such Force Majeure Event, the Parties shall promptly resume performance hereunder.

Effects of Force Majeure. Neither Party shall be held liable or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of or not due to the negligence of the affected Party including, without limitation, Acts of God, strikes or other labor disputes, war, riot, earthquake, tornado, hurricane, fire, civil disorder, explosion, accident, flood, sabotage, lack industry-wide shortages of energy or inability to obtain adequate fuel, power, materials, labor, containers, transportation, supplies or equipment, compliance with governmental requests, laws, rules, regulations, orders or actions, national defense requirements, or supplier strike, lockout or injunction (a “Force Majeure Event”). Such excuse shall continue as long as the Force Majeure Event continues, except provided, however, that Nycomed shall have the right to (i) terminate the AMAG may cancel without penalty this Agreement without further obligation or any and all Purchase Orders in the event that POZEN DSM is not able unable to supply Nycomed with Product for a continuous period fulfill an outstanding Purchase Order within sixty (60) days of six (6) months and (ii) seek an alternate supplier of the Product during the continuation of, and only during the continuation of, such a Force Majeure Event unless Nycomed can only secure an alternate supplier for a time period in excess of the Force Majeure Event period, in which case Nycomed shall resume its exclusive supply relationship with POZEN at the end of such period and extend the Term by a maximum of six (6) months. A breakage or failure of machinery not arising as a result of DSM’s failure scheduled delivery date due to properly maintain such equipment in accordance with this Agreement shall also be considered a Force Majeure Event; however, in such case, the six (6) month period heretofore applied in this Section 18.1 shall be sixty (60) days. If no such termination by Nycomed occurs, upon Upon cessation of such Force Majeure Event, the Parties such Party shall promptly resume performance hereunderon all Purchase Orders which have not been terminated. [***] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

Effects of Force Majeure. Neither Party shall be held liable or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case if such failure or delay is due to any condition beyond the reasonable control of the affected Party including, without limitation, Acts of God, strikes or other labor disputes, war, riot, earthquake, tornado, hurricane, fire, civil disorder, explosion, accident, flood, sabotage, lack of or inability to obtain adequate fuel, power, materials, labor, containers, transportation, supplies or equipment, compliance with governmental requests, laws, rules, regulations, orders breakage or actionsfailure of machinery or apparatus, national defense requirements, or supplier strike, lockout or injunction (a “Force Majeure Event”). Such excuse shall continue as long as In the event that DSM is unable to meet Purchase Order Delivery Dates because of any Force Majeure Event continuesfor more than [†], except that Nycomed shall have the right to OMEROS may (ia) terminate the this Agreement without further obligation in the event that POZEN is not able penalty on [†] notice to supply Nycomed with Product for a continuous period of six (6) months DSM and (iib) seek an alternate supplier of the Product cancel any and all outstanding Purchase Orders. In addition, during the continuation of, and only during the continuation of, such a of any Force Majeure Event unless Nycomed can only secure an alternate supplier Event, OMEROS shall be free to source its requirements for a time period in excess Product from Third Parties with respect to any Purchase Order as to which DSM is unable to meet the specified Delivery Dates because of the Force Majeure Event periodEvent. Any Firm Purchase Commitment and all other minimum purchase requirements shall be reduced, in which case Nycomed shall resume its exclusive supply relationship with POZEN at without penalty, by the end quantity of such period and extend the Term Product covered by a maximum of six (6) months. A breakage or failure of machinery not arising as a result of DSM’s failure any Purchase Orders cancelled pursuant to properly maintain such equipment in accordance with this Agreement shall also be considered a Force Majeure Event; however, in such case, the six (6) month period heretofore applied in this Section 18.1 shall be sixty (60) days17.1. If no such termination by Nycomed occurs, upon Upon cessation of such Force Majeure Event, the Parties shall promptly resume performance hereunderon all Purchase Orders which have not been terminated.

Effects of Force Majeure. Neither Party shall be held liable ------------------------ or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of the affected Party including, without limitation, Acts of God, strikes or other labor disputes, war, riot, earthquake, fire, civil disorder, explosion, accident, flood, sabotage, lack of or inability to obtain adequate fuel, power, materials, labor, containers, transportation, supplies or equipment, compliance with governmental requests, laws, rules, regulations, orders or actions, national defense requirements, or supplier strike, lockout or injunction (a “"Force Majeure Event”"). Such excuse shall ------------------- continue as long as the Force Majeure Event continues, except that Nycomed shall Customer will have the right to (i) terminate the Agreement without further obligation in the event that POZEN Catalytica is not able to supply Nycomed Customer with Product for a continuous period of six (6) months and (ii) seek an alternate supplier of the Product during the continuation of, and only during the continuation of, such a Force Majeure Event unless Nycomed Customer can only secure an alternate supplier for a time period in excess of the Force Majeure Event period, in which case Nycomed shall Customer will resume its exclusive supply relationship with POZEN Catalytica at the end of such period and extend the Term term of this Agreement by a maximum of six (6) months. A breakage or failure of machinery not arising as a result of DSM’s Catalytica's failure to properly maintain such equipment in accordance with this Agreement shall also be considered a Force Majeure Event; however, in such case, the six (6) month period heretofore applied in this Section 18.1 shall be sixty (60) days[* *]. If no such termination by Nycomed occurs, upon cessation of such Force Majeure Event, the Parties shall promptly resume performance hereunder.17.2