FORCE MAJERURE Clause Samples

FORCE MAJERURE. (a) Neither party hereto shall be considered in default in the performance of its obligations (except for Customer’s payment obligations, which are not subject to excusable delay) hereunder or be liable in damages or otherwise for any failure or delay in performance which is due to strike, lockout, concerted act of workers or other industrial disturbance, fire, explosion, flood, or other natural catastrophe, civil disturbance, terrorism, riot, or armed conflict whether declared or undeclared, curtailment, shortage, rationing, allocation, or failure of normal sources of supply of materials, transportation, energy, or utilities, inability or delay in obtaining or maintaining any easement, rights-of-way, permit or license, accident, act of God, pandemic, supply chain disruption, sufferance of or voluntary compliance with an act of government and government regulation (whether or not valid), embargo, or due to any other cause whether similar or dissimilar to any of the causes or categories of causes described above and which is beyond the reasonable control of the party affected. (b) The following shall also excuse the Company’s delay or the Company’s non-performance, and Customer shall remain liable to make payments and otherwise perform under the Contract: (i) An outage of the Facility caused by failure of Customer to supply necessary utilities or support services for the Facility; (ii) direction from Customer from time to time to suspend or cease operations; (iii) negligent, wilful, or reckless acts by Customer or third parties (other than the Company’s employees and contractors); or (iv) Customer’s failure to require or take product or services.