Clauses > Force Majeure


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  1. Force Majeure. A party will not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
    1. beyond the reasonable control of a party,
    2. materially affects the performance of any of its obligations under this agreement, and
    3. could not reasonably have been foreseen or provided against, but
    4. will not be excused for failure or delay resulting from only general economic conditions or other general market effects.

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  1. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.

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Party weight: Slight Pro-Providee


  1. Force Majeure
    1.  No Liability. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.
    2.  Best Efforts to Cure. In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and cure such default.
    3.  Right to Terminate. In the event such an event prevents performance thereunder for a period in excess of ninety (90) days, then the non-defaulting party may elect to terminate this Agreement and/or cancel or suspend any Purchase Orders thereunder by a written notice to the defaulting party.

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Party weight: Slight Pro-Provider