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 nor be deemed to be in default under or in breach of any provision of this Agreement for failure or delay in fulfilling or performing any obligation 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 acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion, nor’easter or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee or Sublicensor, 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 as it is thereby disabled from performing for so long as it is so disabled and for 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

Appears in 2 contracts

Sources: Sub License Agreement (Kadmon Holdings, LLC), Sub License Agreement (Kadmon Holdings, LLC)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party nor or be deemed to be in default under or in breach of any provision of this Agreement for (other than, any obligation to pay money) far failure or delay in fulfilling or performing any obligation under of 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 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee event BMS or SublicensorIRORI, 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 for the 30 days thereafter. To However, the extent possible, each Party giving such notice shall use all reasonable efforts to minimize remedy such inability as soon as reasonably possible or seek an alternative arrangement during the duration period of any force majeure.such inability. 22 27

Appears in 2 contracts

Sources: 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 nor be deemed to be in default under or in breach of any provision of this Agreement for failure or delay in fulfilling or performing any obligation 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 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee Licensee or SublicensorSymphony, 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 as it is thereby disabled from performing for so long as it is so disabled and for 30 thirty (30) days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

Appears in 2 contracts

Sources: License Agreement (Kadmon Holdings, LLC), License Agreement (Kadmon Holdings, LLC)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party nor or be deemed to be in default under or in breach of any provision of this Agreement (other than any obligation to pay money) for failure or delay in fulfilling or performing any obligation under of 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 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee event RPR or SublicensorIRORI, 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 for the 30 days thereafter. To However, the extent possible, each Party giving such notice shall use all reasonable efforts to minimize remedy such inability as soon as reasonably possible or seek an alternative arrangement during the duration period of any force majeuresuch inability.

Appears in 2 contracts

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

Events of Force Majeure. Neither Except for payments due under this Agreement, neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under or in breach of any provision of this Agreement for failure or delay in fulfilling or performing any obligation under of 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 (PAGE 25) delaying. For purposes of this Agreement, force majeure shall be is defined as causes beyond the control of the Party, including 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public pubic utilities or common carriers. In such event, Sublicensee event SB or SublicensorMEDIMMUNE, 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 as it is thereby disabled from performing for so long as it is so disabled and for the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

Appears in 1 contract

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

Events of Force Majeure. Neither Party None of the Parties shall be held liable or responsible to the other Party Parties nor be deemed to be in default under under, or in breach of any provision of of, this Agreement for failure or delay in fulfilling or performing any obligation under of this Agreement (except with respect to payment obligations due under 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 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee event the Company or SublicensorERS, 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 as it is thereby disabled from performing for so long as it is so disabled and for the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeureFORCE MAJEURE.

Appears in 1 contract

Sources: Development, Promotion, Distribution and Supply Agreement (Bristol Myers Squibb Co)

Events of Force Majeure. Neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under or in breach of any provision of this Agreement for failure or delay in fulfilling or performing any obligation 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 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, nor’easter explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event, Sublicensee Licensee or SublicensorDeverra, 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 as it is thereby disabled from performing for so long as it is so disabled and for 30 thirty (30) days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

Appears in 1 contract

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