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 (except for payment of any amounts due under this Agreement) occasioned by any reason beyond the control and without the fault or negligence of the Party affected thereby, which such reasons may include, without limitation, an act of God, fire, flood, act of government or state, war, insurrection, acts of terrorism, embargo, sabotage, prevention from or hindrance in obtaining energy or other utilities, a shortage of Raw Materials, Resins, Consumables or other necessary components, labor disputes of whatever nature, or any other reason, in each case only where such is 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 under this Agreement as soon as it is commercially reasonable for the Party to do so.

Appears in 2 contracts

Samples: Development and MFG Services Agreement, Process Development and Manufacturing Services Agreement (Bayhill Therapeutics, Inc.)

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Effects of Force Majeure. No Party shall be in breach of this Agreement if there such Party is any failure of performance delayed or prevented from fulfilling its respective obligations under this Agreement (except for payment of any amounts due under this Agreement) occasioned by any reason beyond the reasonable control and without the fault or negligence of the Party affected thereby, which such reasons may includeincluding, without limitation, an act of God, fire, flood, act of government or state, war, civil commotion, insurrection, acts of terrorism, embargo, sabotage, prevention from or hindrance in obtaining energy or other utilities, a shortage of Raw Materials, Resins, Consumables or other necessary components, labor disputes of whatever nature, or any other reason, in each case only where such is 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 under this Agreement as soon as it is commercially reasonable for the Party to do so.

Appears in 1 contract

Samples: Asset Purchase Agreement (Novavax Inc)

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Effects of Force Majeure. No 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 under this Agreement) occasioned by any reason beyond the control and without the fault or negligence of the Party affected thereby, which such reasons may includeincluding, without limitation, an act of God, fire, flood, act of government or state, war, civil commotion, insurrection, acts of terrorism, embargo, sabotage[*], prevention from or hindrance in obtaining energy or other utilities, a market shortage of Raw Materials, Resins, Consumables raw materials or other necessary components, labor disputes of whatever nature, or any other reason, in each case only where such is 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 under this Agreement as soon as it is commercially reasonable for the Party to do soAgreement.

Appears in 1 contract

Samples: Enbrel Supply Agreement (Immunex Corp /De/)

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