Common use of Force Majeure Delays Clause in Contracts

Force Majeure Delays. Buyer’s obligations hereunder shall be excused and Buyer shall have no liability to Seller for the failure to perform under these General Terms and Conditions due to any of the following and during the period when any of the following conditions exists: (a) strikes, work stoppages, or other labor troubles, difficulties, disruptions or disturbances of any kind; (b) fires, floods, earthquakes, inclement weather, explosions, or other natural or man-made disasters or acts of God; (c) riots, war, sabotage, foreign or domestic terrorism (including cyber-terrorism or cyber-attacks), act of a public enemy, national emergency, epidemic, pandemic, disease outbreak, quarantine, or other disturbances of the peace; (d) breakdowns, shutdown, destruction, or failure of any kind of Buyer’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, or accidents at Buyer’s facilities; (e) transportation embargoes or delays, reductions, shortages, curtailment, disruption or cessation of equipment, facilities, power, labor or other factors of production or performance; (f) governmental actions, legislation, regulations, rules or orders, or Buyer’s voluntary or involuntary participation in any plan of general public interest, any of which adversely affect performance hereunder; (g) any other cause beyond the reasonable control of Buyer, whether or not similar to the causes or occurrences enumerated above; or (h) the escalation or worsening of any of the foregoing. In the event of any such delay or failure in performance, Buyer shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.

Force Majeure Delays. Buyer’s obligations hereunder shall be excused and Buyer shall have no liability to Seller for the failure to perform under these General Terms and Conditions due to any of the following and during the period when any of the following conditions exists: (a) strikes, work stoppages, or other labor troubles, difficulties, disruptions or disturbances of any kind; (b) fires, floods, earthquakes, inclement weather, explosions, or other natural or man-made disasters or acts of God; (c) riots, war, sabotage, foreign or domestic terrorism (including cyber-terrorism or cyber-cyber- attacks), act of a public enemy, national emergency, epidemic, pandemic, disease outbreak, quarantine, or other disturbances of the peace; (d) breakdowns, shutdown, destruction, or failure of any kind of Buyer’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, or accidents at Buyer’s facilities; (e) transportation embargoes or delays, reductions, shortages, curtailment, disruption or cessation of equipment, facilities, power, labor or other factors of production or performance; (f) governmental actions, legislation, regulations, rules or orders, or Buyer’s voluntary or involuntary participation in any plan of general public interest, any of which adversely affect performance hereunder; (g) any other cause beyond the reasonable control of Buyer, whether or not similar to the causes or occurrences enumerated above; or (h) the escalation or worsening of any of the foregoing. In the event of any such delay or failure in performance, Buyer shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.

Force Majeure Delays. BuyerSeller’s obligations hereunder shall be excused and Buyer Seller shall have no liability to Seller Buyer for the failure to perform under these General Seller’s Terms and Conditions or under any Contract due to any of the following and during the period when any of the following conditions exists: (a) strikes, work stoppages, or other labor troubles, difficulties, disruptions or disturbances of any kind; (b) fires, floods, earthquakes, inclement weather, explosions, explosions or other natural or man-made disasters or acts of God; (c) riots, war, sabotage, foreign or domestic terrorism (including cyber-terrorism or cyber-attacks), act of a public enemy, national emergency, epidemic, pandemic, disease outbreak, quarantine, quarantine or shelter in place restrictions or other disturbances of the peace; (d) breakdowns, shutdown, destruction, or failure of any kind of BuyerSeller’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, or accidents at BuyerSeller’s facilities; (e) transportation embargoes or delays, reductions, shortages, curtailment, disruption or cessation of supplies, materials, equipment, facilities, power, utilities, labor transportation, fuel or other factors of production or performance; (f) governmental increases in the price of supplies, materials (including, but not limited to , the price of raw materials), equipment, facilities, power, utilities, labor transportation, fuel or other factors of production or performance or in the inability to obtain such items as a reasonable commercial price; (g) actions, legislation, regulations, rules or ordersorders of any government or governmental agency (including executive orders and proclamations), or BuyerSeller’s voluntary or involuntary participation in any plan of general public interest, any of which adversely affect performance manufacture, production, performance, shipment and/or deliveries hereunder; (gh) delays of other suppliers or subcontractors; (i) any other cause beyond the reasonable control of BuyerSeller, whether or not similar to the causes or occurrences enumerated above; or (hj) the escalation or worsening of any of the foregoing. In the event of any such delay or failure in performance, Buyer Seller shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances. In the event of the occurrence of any of the above affecting Seller’s ability to perform, seller shall have the right to negotiate new pricing for the Goods and Services. Further, Seller shall also have the right, to the extent necessary in Seller’s reasonable judgement, to apportion fairly among its customers (including Seller’s own production operations, and subsidiaries and affiliates), in such manner as Seller may consider equitable, the Goods and Services then available for shipment, delivery or performance.