Common use of Events of Force Majeure Clause in Contracts

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party or be deemed to be in default under or in breach of any provision of this Agreement (other than, any obligation to pay money) far failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS or IRORI, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. However, the Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during the period of such inability.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Discovery Partners International Inc), Strategic Alliance Agreement (Discovery Partners International Inc)

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Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party or nor be deemed to be in default under or in breach of any provision of this Agreement (other than, any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of under this Agreement (except with respect to payment obligations due under this Agreement) when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be defined as causes beyond the control of the Party, including, without limitation, including acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion explosion, nor’easter or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS event, Sublicensee or IRORISublicensor, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the for 30 days thereafter. HoweverTo the extent possible, the each Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during minimize the period duration of such inabilityany force majeure.

Appears in 2 contracts

Samples: Confidential Treatment (Kadmon Holdings, LLC), Confidential Treatment (Kadmon Holdings, LLC)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party or nor be deemed to be in default under or in breach of any provision of this Agreement (other than, any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of under this Agreement (except with respect to payment obligations due under this Agreement) when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS event, Licensee or IRORISymphony, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 for thirty (30) days thereafter. HoweverTo the extent possible, the each Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during minimize the period duration of such inabilityany force majeure.

Appears in 2 contracts

Samples: Confidential Treatment (Kadmon Holdings, LLC), Confidential Treatment (Kadmon Holdings, LLC)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party or be deemed to be in default under or in breach of any provision of this Agreement (other than, than any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS RPR or IRORI, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. However, the Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during the period of such inability.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Discovery Partners International Inc), Strategic Alliance Agreement (Discovery Partners International Inc)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party or nor be deemed to be in default under or in breach of any provision of this Agreement (other than, any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of under this Agreement (except with respect to payment obligations due under this Agreement) when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS event, Licensee or IRORIDeverra, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 for thirty (30) days thereafter. HoweverTo the extent possible, the each Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during minimize the period duration of such inabilityany force majeure.

Appears in 1 contract

Samples: License Agreement (Coeptis Therapeutics Holdings, Inc.)

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Events of Force Majeure. Neither Party None of the Parties shall be held liable or responsible to the other Party or Parties nor be deemed to be in default under under, or in breach of any provision of of, this Agreement (other than, any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeureFORCE MAJEURE, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure shall be FORCE MAJEURE is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event BMS the Company or IRORIERS, as the case may be, shall immediately notify the other Party Parties of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. HoweverTo the extent possible, the each Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during minimize the period duration of such inabilityany FORCE MAJEURE.

Appears in 1 contract

Samples: Distribution and Supply Agreement (Bristol Myers Squibb Co)

Events of Force Majeure. Neither Except for payments due under this Agreement, neither Party shall be held liable or responsible to the other Party or nor be deemed to be in default under or in breach of any provision of this Agreement (other than, any obligation to pay money) far for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or (PAGE 25) delaying. For purposes of this Agreement, force majeure shall be is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public pubic utilities or common carriers. In such event BMS SB or IRORIMEDIMMUNE, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement (other than any obligation to pay money) as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. HoweverTo the extent possible, the each Party giving such notice shall use all reasonable efforts to remedy such inability as soon as reasonably possible or seek an alternative arrangement during minimize the period duration of such inabilityany force majeure.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Medimmune Inc /De)

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