Common use of Excused Delay Clause in Contracts

Excused Delay. Notwithstanding anything to the contrary in this Agreement, any Force Majeure shall not be considered a breach of this Agreement, shall not give rise to a right of termination with respect to a Product SKU under Section 6.4(e) or 13.4, and the time required for performance shall be extended for a period equal to the period of such delay. Force Majeure shall include acts of God, acts of the public enemy, war, terrorism, insurrections, riots, injunctions, pandemics, epidemics, embargoes, fires, explosions, floods, tornadoes, violent wind damage, changes in applicable Law or government orders, or other unforeseeable causes beyond the reasonable control, and without the fault or negligence of, the Party so affected. The Party that is subject to a Force Majeureaffecting this Agreement shall give prompt written notice to the other Party of such Force Majeure and shall take commercially reasonable steps to seek to mitigate the effects of such Force Majeure.

Excused Delay. Notwithstanding anything to the contrary in this Agreement, any Force Majeure shall not be considered a breach of this Agreement, shall not give rise to a right of termination with respect to a Product SKU under Section 6.4(e) or 13.4, and the time required for performance shall be extended for a period equal to the period of such delay. Force Majeure shall include acts of God, acts of the public enemy, war, terrorism, insurrections, riots, injunctions, pandemics, epidemics, embargoes, fires, explosions, floods, tornadoes, violent wind damage, changes in applicable Law or government orders, or other unforeseeable causes beyond the reasonable control, and without the fault or negligence of, the Party so affected. The Party that is subject to a Force Majeureaffecting Majeure affecting this Agreement shall give prompt written notice to the other Party of such Force Majeure and shall take commercially reasonable steps to seek to mitigate the effects of such Force Majeure.