Common use of Force Majeure Generally Clause in Contracts

Force Majeure Generally. If and to the extent that a Party’s performance of any of its obligations pursuant to this MSA is prevented, hindered, or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, acts of a public enemy, acts of a nation or any state, territory, province or other political division, terrorism, riots, civil disorders, rebellions or revolutions, fires, floods, pandemics, epidemics, theft, quarantine restrictions, freight embargoes, or any other similar cause beyond the reasonable control and without the fault or negligence of such Party (each, a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then the non-performing, hindered, or delayed Party will be excused for such non-performance, hindrance, or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and such Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. Notwithstanding the foregoing, the acts or omissions of a Party’s agents, subcontractors, representatives, suppliers or other third parties providing products or services to such Party will not constitute a Force Majeure Event unless such acts or omissions are themselves the product of a Force Majeure Event.