Common use of The Events Clause in Contracts

The Events. (a) Each party shall be relieved of its obligation to perform any part of this Agreement to the extent its performance is prevented or rendered impracticable by events beyond its reasonable control, which events may include, without limitation, fire, storm, flood, earthquake, and other Acts of God, and explosion, accident, acts of the public enemy, riots and other civil disturbances, sabotage, court injunctions (other than any injunction imposed as a result of the party's actual or alleged breach of any agreement), transportation embargoes, shortages of materials, strikes, lockouts, work stoppages and other labor disputes, acts, regulations or other requirements of domestic or foreign federal, state, county, municipal, or local governments or branches, subdivisions or agencies thereof, including, without limitation, any such acts, regulations or other governmental requirements making it unlawful (such as by an outright ban) or commercially impractical (such as by the imposition or increase of deposit requirements or other action directly or indirectly affecting beer or its packaging) to manufacture or package beer in bottles, or to sell or distribute beer in packaging of any type ("Force Majeure"), subject to the various limitations provided in this Section 7. Force Majeure shall further include, without limitation, any imposition or increase of any excise tax or similar charge by any governmental authority on the manufacture, packaging, possession, storage, sale or distribution of beer, and AB's obligations to purchase shall be deemed to have been rendered impracticable thereby, without any direct proof of causation, to the extent that there is any decrease in the demand for beer manufactured, sold or distributed by AB after such Force Majeure event occurs. (b) Notwithstanding the foregoing, Anchor acknowledges that Force Majeure will not include a strike, lockout, work stoppage or other labor dispute affecting any of the Production Facilities, and in the event of such a labor dispute at any of the Production Facilities, Anchor agrees to use its commercially reasonable best efforts to operate any affected Production Facility with management or other personnel to the full extent necessary to satisfy the Requirements. (c) Anchor agrees that if picketing, a work stoppage, a strike or any refusal to work of or by any of AB's employees or any employees of any AB contractor occurs at one or more of the Breweries, Anchor shall still cause deliveries of Bottles to continue to such Breweries as otherwise required hereunder, but if any of the carriers transporting the Bottles to the affected Breweries express concern to AB about the safety of their drivers or their equipment at the affected Breweries during any such AB labor dispute, AB shall take all actions reasonably necessary to insure the safety of such drivers and equipment once they reach the affected Breweries.

The Events. (a) Each party shall be relieved of its obligation to perform any part of this Agreement to the extent its performance is prevented or rendered impracticable by events beyond its reasonable control, which events may include, without limitation, fire, storm, flood, earthquake, and other Acts of God, and explosion, accident, acts of the public enemy, riots and other civil disturbances, sabotage, court injunctions (other than any injunction imposed as a result of the party's actual or alleged breach of any agreement)injunctions, transportation embargoes, shortages of materials, strikes, lockouts, work stoppages and other labor disputes, acts, regulations or other requirements of domestic or foreign federal, state, county, municipal, or local governments or branches, subdivisions or agencies thereof, including, without limitation, any such acts, regulations or other governmental requirements making it unlawful (such as by an outright ban) or commercially impractical (such as by the imposition or increase of deposit requirements or other action directly or indirectly affecting beer or its packaging) to manufacture or package beer in bottles, or to sell or distribute beer in packaging of any type ("the “Force Majeure"”), subject to the various limitations provided in this Section 7. Force Majeure shall further include, without limitation, any imposition or increase of any excise tax or similar charge by any governmental authority on the manufacture, packaging, possession, storage, sale or distribution of beer, and AB's ’s obligations to purchase shall be deemed to have been rendered impracticable thereby, without any direct proof of causation, to the extent that there is any decrease in the demand for of beer manufactured, sold or distributed by AB after such Force Majeure event occurs. (b) Notwithstanding the foregoing, Anchor acknowledges that Force Majeure will not include a strike, lockout, work stoppage or other labor dispute affecting any of the Production Facilities, and in the event of such a labor dispute at any of the Production Facilities, Anchor agrees to use its commercially reasonable best efforts to operate any affected Production Facility with management or other personnel to the full extent necessary to satisfy the Requirements. (c) Anchor agrees that if picketing, a work stoppage, a strike or any refusal to work of or by any of AB's ’s employees or any employees of any AB contractor occurs at one or more of the BreweriesBreweries or any other facilities owned or operated by AB, Anchor shall still cause deliveries of Bottles to continue to such the Breweries as otherwise required hereunder, but if any of the carriers transporting the Bottles to the affected Breweries express concern to AB about the safety of their drivers or their equipment at the affected Breweries during any such AB labor dispute, AB shall take all actions reasonably necessary to insure the safety of such drivers and equipment once they reach the affected Breweries.

The Events. (a) Each party shall be relieved of its obligation to perform any part of this Agreement to the extent its performance is prevented or rendered impracticable by events beyond its reasonable control, which events may include, without limitation, fire, storm, flood, earthquake, and other Acts of God, and explosion, accident, acts of the public enemy, riots and other civil disturbances, sabotage, court injunctions (other than any injunction imposed as a result of the party's ’s actual or alleged breach of any agreement), transportation embargoes, shortages of materials, strikes, lockouts, work stoppages and other labor disputes, acts, regulations or other requirements of domestic or foreign federal, state, county, municipal, or local governments or branches, subdivisions or agencies thereof, including, without limitation, any such acts, regulations or other governmental requirements making it unlawful (such as by an outright ban) or commercially impractical (such as by the imposition or increase of deposit requirements or other action directly or indirectly affecting beer or its packaging) to manufacture glass containers or package beer in bottles, or to sell or distribute beer in packaging of any type or requiring plant shut-downs ("each such event, a “Force Majeure"Majeure Event”), subject to the various limitations provided in this Section 7. Force Majeure Events shall further include, without limitation, any imposition or increase of any excise tax or similar charge by any governmental authority on the manufacture, packaging, possession, storage, sale or distribution of glass or beer, and AB's Boston Beer’s or Anchor’s obligations to purchase or supply, as the case may be, shall be deemed to have been rendered impracticable thereby, without any direct proof of causation, to the extent that there is any decrease in the demand for beer manufactured, sold or distributed by AB Boston Beer after such Force Majeure event occurs. (b) Notwithstanding the foregoing, Anchor acknowledges that Force Majeure will not include a strike, lockout, work stoppage or other labor dispute affecting any some but not all of the Production Facilities, and in Plants will not constitute a Force Majeure Event. In the event of such a labor dispute at any of the Production Facilitiessuch Plant, Anchor agrees to will use its commercially reasonable best efforts to operate any satisfy Boston Beer’s requirements either by operating such affected Production Facility Plant(s) with management or other personnel or to the full extent necessary transfer production to satisfy the Requirementsone or more Alternate Plant. (c) Anchor agrees that if picketing, a work stoppage, a strike or any refusal to work of or by any of AB's Boston Beer’s employees or any employees of any AB Boston Beer contractor occurs at one or more of the Breweries, Anchor shall still use commercially reasonable efforts to cause deliveries of Bottles to continue to such Breweries as otherwise required hereunder, but if any of the carriers transporting the Bottles to the affected Breweries express concern to AB Boston Beer about the safety of their drivers or their equipment at the affected Breweries during any such AB Boston Beer labor dispute, AB Boston Beer shall take all actions reasonably necessary to insure the safety of such drivers and equipment once they reach the affected Breweries.

The Events. (a) Each party shall be relieved of its obligation to perform any part of this Agreement to the extent its performance is prevented or rendered impracticable by events beyond its reasonable control, which events may include, without limitation, fire, storm, flood, earthquake, and other Acts of God, and explosion, accident, acts of the public enemy, riots and other civil disturbances, sabotage, court injunctions (other than any injunction imposed as a result of the party's actual or alleged breach of any agreement)injunctions, transportation embargoes, shortages of materials, strikes, lockouts, work stoppages and other labor disputes, acts, regulations or other requirements of domestic or foreign federal, state, county, municipal, or local governments or branches, subdivisions or agencies thereof, including, without limitation, any such acts, regulations or other governmental requirements making it unlawful (such as by an outright ban) or commercially impractical (such as by the imposition or increase of deposit requirements or other action directly or indirectly affecting beer or its packaging) to manufacture or package beer in bottles, or to sell or distribute beer in packaging of any type (the "Force Majeure"), subject to the various limitations provided in this Section Article 7. Force Majeure shall further include, without limitation, any imposition or increase of any excise tax or similar charge by any governmental authority on the manufacture, packaging, possession, storage, sale or distribution of beer, and AB's obligations to purchase shall be deemed to have been rendered impracticable thereby, without any direct proof of causation, to the extent that there is any decrease in the demand for of beer manufactured, sold or distributed by AB after such Force Majeure event occurs. (b) Notwithstanding the foregoing, Anchor acknowledges that Force Majeure will not include a strike, lockout, work stoppage or other labor dispute affecting any of the Production Facilities, and in the event of such a labor dispute at any of the Production Facilities, Anchor agrees to use its commercially reasonable best efforts to operate any affected Production Facility with management or other personnel to the full extent necessary to satisfy the Requirements. (c) . Anchor agrees further acknowledges that if picketing, a work stoppage, a strike or Force Majeure shall not include the failure for any refusal to work of or by any of AB's employees or any employees reason of any AB contractor occurs at one software, hardware, system or more other item of equipment to: (i) properly process, manage and manipulate data involving dates, including, without limitation, single century and multi-century formulae and leap year calculations or properly calculate, compare and sequence from, into and between the Breweries, Anchor shall still twentieth and twenty-first centuries; (ii) not cause deliveries an abnormally ending scenario within any application or the generation of Bottles to continue to incorrect values or data or invalid results involving such Breweries as otherwise required hereunder, but if any of dates; or (iii) include the carriers transporting the Bottles to the affected Breweries express concern to AB about the safety of their drivers or their equipment at the affected Breweries during any such AB labor dispute, AB shall take correct date in all actions reasonably necessary to insure the safety of such drivers date-related and equipment once they reach the affected Breweriesdata-related functions and data fields.