Common use of Unforeseen Events Clause in Contracts

Unforeseen Events. Fluidigm shall not be liable for delay or failure in performance of any obligations hereunder if performance is rendered impracticable by the occurrence of any condition beyond Fluidigm’s reasonable control. In the event of any such delay or failure in performance, Fluidigm shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances and Fluidigm shall have the right, to the extent necessary in Fluidigm’s sole judgment, to apportion the Fluidigm Products then available for delivery among its various customers in such manner as Fluidigm may consider appropriate.

Unforeseen Events. Fluidigm shall not be liable for delay or failure in performance of any obligations hereunder if performance is rendered impracticable by the occurrence of any condition beyond Fluidigm’s reasonable control. In the event of any such delay or failure in performance, Fluidigm shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances and Fluidigm shall have the right, to the extent necessary in Fluidigm’s sole judgment, to apportion the Fluidigm Products then available for delivery among its various customers in such manner as Fluidigm may consider appropriate.