Common use of FORCE MAJEURE OR EXCUSABLE DELAY Clause in Contracts

FORCE MAJEURE OR EXCUSABLE DELAY. Except for a default of Seller’s subcontractor at any tier, Seller shall not be in default or charged for any liability because of a failure to perform the Contract under its terms, or because of a failure to make progress so as to endanger performance, if the failure arises from causes beyond the control of and without the fault of Seller; provided, Seller gives to the Buyer prompt notice in writing as soon as it appears that such cause will delay performance of the Contract. Such causes shall include, without limitation: acts of God or of the public enemy; acts or orders of any Governmental authority, including acts of the Government in its sovereign or contractual capacity; natural disasters including earthquakes, fires, storms, floods, or unusually severe weather; epidemics or quarantine restrictions; unavoidable labor strikes, civil disturbances or acts of terrorism; and freight embargoes. Failure of any relevant government to issue any required import or export license, or withdrawal/termination of a required import or export license by such relevant government, shall relieve Buyer of its obligations under this Contract, and shall relieve Seller of its corresponding obligations. Correspondingly, Company shall not be liable for any failure or delay in performance of the Contract due to causes or circumstances beyond its control and without its fault or negligence.

FORCE MAJEURE OR EXCUSABLE DELAY. Except for a default of Seller’s subcontractor at any tier, Seller shall not be in default or charged for any liability because of a failure to perform the Contract under its terms, or because of a failure to make progress so as to endanger performance, if the failure arises from causes beyond the control of and without the fault of Seller; provided, Seller gives to the Buyer prompt notice in writing as soon as it appears that such cause will delay performance of the Contract. Such causes shall include, without limitation: acts of God or of the public enemy; acts or orders of any Governmental authority, including acts of the Government in its sovereign or contractual capacity; natural disasters including earthquakes, fires, storms, floods, or unusually severe weather; epidemics or quarantine restrictions; unavoidable labor strikes, civil disturbances or acts of terrorism; and freight embargoes. Failure of any relevant government to issue any required import or export license, or withdrawal/termination of a required import or export license by such relevant government, shall relieve Buyer of its obligations under this Contract, and shall relieve Seller of its corresponding obligations. Correspondingly, the Company shall not be liable for any failure or delay in performance of the Contract due to causes or circumstances beyond its control and without its fault or negligence.