Common use of FORCE MAJOR Clause in Contracts

FORCE MAJOR. Force Major shall be understood to include any and all circumstances beyond Semansys’ reasonable control, even if these were already foreseeable at the time an Agreement was concluded, which prevent the fulfilment of any obligation(s) in connection with an Agreement, including but not limited to war, danger of war, mobilisation, civil war, riot, state of siege, strike, lock-out, transport difficulties, fire and other interruptions in the business activities of Semansys or its suppliers, or any default of suppliers of Semansys. The term of delivery is suspended with the period in which Semansys is prevented to fulfil its obligations by consequences of a case of Force Major. In case the delivery of Software is delayed with more than three months by force major, Semansys as well as the Client are entitled to terminate the Agreement. In that case Semansys is only entitled to compensation of its costs incurred up to the date of termination. In case Semansys is prevented by force major from (partially) performing its obligations arising out of an Agreement, it shall have the right to alternatively suspend the fulfilment of an Agreement, or to cancel an Agreement completely or, respectively, the part thereof which has not been fulfilled.