Force Majeure/Interruptions. The parties shall not be liable or responsible to the other party, nor be deemed to have defaulted or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control including, without limitation: acts of God, flood, fire, earthquake, lightening, explosion, governmental actions, war invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, major telecommunication breakdown and/or power outage. In the event of Force Majeure, Xxxxxxxx shall refund any monies paid to Xxxxxxxx by the Host prior to such Force Majeure event, and the Host shall not be liable for any future payment obligations.
Force Majeure/Interruptions. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money due by Licensee for periods prior to the onset of a Force Majeure Event (defined below)) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, terrorism, war, governmental action, or any other cause which is beyond the reasonable control of such party (each a “Force Majeure Event”). Interruptions in Internet service or telephone service (including due to a virus, electrical delivery problem or similar occurrence) that affect Internet users generally, or in the local area in which RMS or Licensee, as the case may be, is located, shall each be a Force Majeure Event for purposes of the Agreement. Each party will use its reasonable efforts to notify the other party of the occurrence of a Force Majeure Event within three business days of such occurrence. If any Force Majeure Event continues for more than thirty (30) days, either party may terminate the affected Agreement(s) by giving reasonable notice to the other party.
Force Majeure/Interruptions. Force majeure interruption may be ordered by Transporter as to service being performed by its system at any time when force majeure affects or in Transporter's judgment threatens to affect Transporter's ability to provide full shipments, upon the giving of such notice as is reasonable under the circumstances.
