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.
Appears in 4 contracts
Samples: Supply Agreement (Ista Pharmaceuticals Inc), Contract Manufacturing Supply Agreement (Ista Pharmaceuticals Inc), Contract Manufacturing Supply Agreement (Ista Pharmaceuticals Inc)