Force Majeure and Allocation. The obligations of either party hereunder are contingent upon, and BLP shall not be liable for, acts of God, war, terrorist activities, riots, floods, fires, storms, strikes, catastrophes or any other acts of force majeure, FDA or governmental restrictions, prohibitions, regulations, and requisitions, or other interferences beyond the reasonable control of such party (but excluding acts or omissions of subcontractors) to the extent that the same prevent or delay the performance of the obligations herein contained, always provided that such party shall use its best efforts in the event of force majeure to fulfill the obligations under this Agreement and provide the other party with prompt notice of the occurrence of any such event of force majeure.
Force Majeure and Allocation. 10.1 Except for an obligation to make payments hereunder for Product received or pursuant to Sections 11 or 12, a Party shall be excused from the performance of its obligation to deliver or receive Product, to the extent it is unable to perform due to a cause reasonably beyond its control, and which, by the exercise of due diligence, such Party could not have remedied, avoided or overcome. Force majeure may be due to any of the following, provided that such event actually prevents the Party declaring force majeure from performing:
Force Majeure and Allocation. The obligations of either party hereunder are contingent upon, and B&L shall not be liable for, acts of God, war, riots, floods, fires, storms, strikes, catastrophes or any other acts of force majeure, FDA or governmental restrictions, prohibitions, regulations, and requisitions, the acts of suppliers or common carriers, or other interferences beyond the reasonable control of such party to the extent that the same prevent or delay the performance of the obligations herein contained, always provided that such party shall use its best efforts to fulfill the obligations under this Agreement and provide the other party with prompt notice of the occurrence of any such event of force majeure.
Force Majeure and Allocation. Each Party shall be excused from its obligations under this Agreement to the extent and for the period of time that the Party is unable to perform because of any cause or condition reasonably beyond its control including, but not limited to, any law or regulation issued by any government or governmental or quasi-governmental agency or any judgment or judicial, executive or administrative order or decree, whether or not ultimately held to be valid; fire; flood; storm; earthquake; war; civil disturbance; labor troubles, including strikes and boycotts; blockade or embargo. Further, if Seller at any time decides that its Product supply is insufficient to meet the actual or forecasted needs of Seller, its divisions and subsidiaries, and its and their customers (whether under contract or not), Seller may allocate its supply among all of them in any fair and reasonable manner determined by Seller.
Force Majeure and Allocation. Neither party will be liable to the other for any delay or failure in performance (other than to make payments when due) to the extent that it is caused by circumstances beyond its reasonable control, or by fire; explosion; flood; earthquake; storm; act of God; mechanical breakdown; sabotage or vandalism; strike or other labor disturbance (Seller will not be required to settle a labor dispute or take an action that might involve it in a labor dispute); shortages of, or delays in obtaining, crude oil, feedstocks, raw materials or finished products, equipment, labor, transportation, or storage; interruption of utility services; or compliance with any law, regulation or order (regardless of validity) of any governmental or military authority. Further, if Seller at any time decides that its Product supply is insufficient to meet the actual or forecasted needs of Seller, its divisions and subsidiaries, and its and their customers (whether under contract or not), Seller may allocate its supply among all of them in any fair and reasonable manner determined by Seller.
Force Majeure and Allocation. 23.1 Neither party shall be in default or liable to the other for failure to perform any provision of the AGREEMENT if such failure is caused directly or indirectly by events beyond that party's control, such as acts of nature, fire, riots, wars, insurrections, acts of governments, embargoes or unusually severe weather. Such an event is an "Excusable Delay." The party affected by an Excusable Delay shall take all reasonable steps to perform despite the delay including the timely payment for delivered PRODUCT in any possible ways. However, in the event that INFOCUS is unable to deliver conforming PRODUCT to DTS for a ninety (90) day period, DTS may terminate this Agreement, in writing, without further obligation. Fulfillment of payment obligations may be reasonably delayed according to the foregoing, but not extinguished. In the event that PRODUCT ownership and/or risk of loss is disputed in regard to payment obligations, the parties shall meet in good faith to resolve the issue. 23.2
Force Majeure and Allocation. Neither Party shall be responsible for any loss and or damage resulting from any delay in performing or failure to perform any provisions of this Agreement (other than BUYER's obligation to make payments for Product delivered under this Agreement), so long as any such failure or delay arises from fires, floods, storms, earthquakes, tidal waves, wars, military operations, national emergencies, civil commotions, strikes or other differences with workers or unions, or from any delay or failure in delivery when the supplies of either Party or the facilities of production, manufacture, transportation or distribution which otherwise would be available to either Party are impaired by mechanical breakdowns, or by the order, requisition, request or recommendation of any governmental agency or acting governmental authority, or either Party's compliance therewith or by governmental proration, regulation or priority, or the inability of SELLER to obtain on terms deemed by SELLER to be practicable, feedstock or other raw material (including energy sources), or from any other delay or failure due to any causes beyond either party's control similar or dissimilar to any such causes. When such cause or causes exist, the Party so affected shall have the right in its sole discretion to restrict or cease deliveries or receipt of Product hereunder. SELLER's obligation to sell Product is subject to modification and reduction in accordance with any present or future allocation program of SELLER based upon laws, rules or regulations, orders, demand or requests of any governmental authority. During the continuance of any of the herein referenced contingencies, the obligations of SELLER and BUYER shall be suspended and proportionately abated except for BUYER's obligation to pay SELLER for Product delivered. If, due to any such contingency, either Party has not delivered or accepted delivery of the contracted quantity of Product for a period of at least (***), the other Party may terminate this Agreement by giving not less than (***) prior written notice of termination. Upon the occurrence of any of the Force Majeure events described in the section hereof, the Party claiming Force Majeure shall notify the other Party promptly in writing of such event and, to the extent possible, inform the other Party of the expected duration of the Force Majeure event and the volumes of Product to be affected by the termination, suspension or curtailment of performance under the Agreement. In the e...
Force Majeure and Allocation. Seller shall not be liable for any expense, loss or damage due to its failure to perform or its delay in manufacturing, shipping or delivering Products caused by acts of God; acts of war; acts of public enemy; fire; floods; labor disputes, strikes or lockouts; breakdowns or accidents; inability to secure rail cars, trucks or barges or other delays in transportation; inability to procure supplies or other materials; government actions, regulations, orders or rulings; acts or omissions of Buyer; or any other events or other conditions beyond Seller's control, whether similar or dissimilar to the foregoing acts or occurrences. During times of shortage, Seller shall have the right to allocate among its customers in accordance with Section 2-615 of the UCC.
Force Majeure and Allocation. The obligations of either party hereunder are contingent upon, and BLP shall not be liable for, acts of God, war, riots, floods, fires, storms, strikes, catastrophes or any other acts of force maieure FDA or oovernmental restrictions prohibitions regulations and reauisitions the AMERXSA.DOC 11/21/97 -12- acts of suppliers or common carriers, or other interferences beyond the reasonable control of such party to the extent that the same prevent or delay the performance of the obligations herein contained, always provided that such party shall use its best efforts to fulfill the obligations under this Agreement and provide the other party with prompt notice of the occurrence of any such event of force majeure.
Force Majeure and Allocation
