Common use of Neither Supplier Clause in Contracts

Neither Supplier. Buyer or the Company shall be liable in damages under this Agreement for any act, omission or circumstances occasioned by or in consequence of any acts of God, explosions, breakage or accident to machinery or lines of pipe, line freeze ups, temporary failure of gas supply, curtailments of firm, but not interruptible, transportation instituted by third party transmission providers, the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, or any other cause, whether of the kind herein enumerated, or otherwise, not within the control of the party claiming force majeure and which by the exercise of due diligence such party is unable to prevent or overcome. A failure to settle or prevent any strike or other controversy with employees or with anyone purporting or seeking to represent employees shall not be considered to be a matter within the control of the part claiming suspension.