Common use of DELAY; FORCE MAJEURE Clause in Contracts

DELAY; FORCE MAJEURE. Neither party will be liable for any failure or delay in its performance under this Agreement, or for damages or losses due to causes beyond its reasonable control, including acts of God, acts of civil or military authority, fires, floods, earthquakes, environmental conditions, riots, wars, acts of terror, sabotage, failure of utilities, failure of electronic or mechanical equipment or communications lines caused by outside forces, telephone or other interconnect problems, telecommunications failure caused by outside forces or governmental actions; provided, however, that such affected party give prompt notice to the other party and take reasonable efforts to mitigate the effects of such causes. The party whose performance is affected will use reasonable efforts to minimize and eliminate the causes of the non-performance.