Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Agreement if such failure is a direct result of a contingency beyond such Party’s reasonable control, including, but not limited to, wars, fires, floods, storms or other natural disasters, or failure of public utilities or common carriers (“Force Majeure”).
Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Subcontract if such failure is not preventable, was not reasonably foreseeable at the time of contracting, and is caused by a contingency beyond such Party’s reasonable control, including, but not limited to, riots, wars, fires, floods or storms, strikes, public utilities or common carriers. A failure or delay of performance of suppliers or contractors shall not excuse performance hereunder.
Excusing Performance. Resumption ...............................................................
Excusing Performance. Neither party hereto shall be liable in damages for, nor shall this Agreement be terminable or cancelable by reason of, any delay or default in such party's performance hereunder if such delay or default is caused by events beyond such party's reasonable control including, but not limited to, acts of God, regulation or law or other action of any government, war or insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, flood, or storm, labor disturbances, epidemic, or failure of suppliers, public utilities or common carriers; provided, however, that nothing contained herein shall relieve either party from the obligation to promptly pay in full all payments that may be due to the other party under this Agreement.
Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Agreement to the extent such failure is due to events beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances (whether involving the workforce of the non-performing Party or of any other Person), acts of government or regulatory authorities, or acts of God (a “Force Majeure Event”).
Excusing Performance. The occurrence of an event which materially interferes with the ability of a party to perform its obligations or duties hereunder which is not within the reasonable control of the party affected, not due to malfeasance, and which could not with the exercise of due diligence have been avoided ("Force Majeure"), including, but not limited to, fire, accident, labor difficulty, strike, riot, civil commotion, act of God, delay or errors by shipping companies or change in Law shall not excuse such party from the performance of its obligations or duties under this Agreement, but shall merely suspend such performance during the continuation of Force Majeure. The party prevented from performing its obligations or duties because of Force Majeure shall promptly notify the other party hereto (the "Other Party") of the occurrence and particulars of such Force Majeure and shall provide the Other Party, from time to time, with its best estimate of the duration of such Force Majeure and with notice of the termination thereof. The party so affected shall use its best efforts to avoid or remove such causes of nonperformance. Upon termination of Force
Excusing Performance. Either party shall be excused from performing its obligations under this Agreement to the extent that its performance is delayed or prevented by an event beyond such party’s reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, explosion, weather, disease, war, insurrection, civil strife, riots, government action, or power failure (such event, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party whose performance is so affected shall promptly give written notice to the other party of the occurrence or circumstances upon which it intends to rely to excuse its performance. Duties and obligations of both parties shall be suspended for the duration of the Force Majeure Event; provided, however, a party shall not be relieved of its obligation to make payments already due and payable for services performed prior to the Force Majeure Event.
Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Agreement to the extent such failure is due to events beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, hurricanes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), terrorist acts, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances involving the workforce of any Third Party, or acts of God (a “Force Majeure Event”). Notwithstanding anything to the contrary herein, the occurrence of a Force Majeure Event will not excuse or prevent a failure of MediWound to deliver Product from being deemed a “Supply Failure” or otherwise limit Vericel’s rights, to the extent applicable, under Section 2.13.
