Notice of Force Majeure Event. Neither Party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party gives notice to the other Party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party to give notice of a Force Majeure Event shall not prevent such Party from relying on this Section except to the extent that the other Party has been prejudiced thereby.
Appears in 8 contracts
Samples: Supply Agreement, Service Agreement, Manufacturing Services Agreement (Soliton, Inc.)
Notice of Force Majeure Event. Neither Party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party gives notice to the other Party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party to give notice of a Force Majeure Event shall not prevent such Party from relying on this Section except to the extent that the other Party has been prejudiced thereby.
Appears in 4 contracts
Samples: Manufacturing Services Agreement (Power Efficiency Corp), Manufacturing Services Agreement (Isilon Systems, Inc.), Manufacturing Services Agreement (Isilon Systems, Inc.)
Notice of Force Majeure Event. Neither Party party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party party gives notice to the other Party party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party party to give notice of a Force Majeure Event shall not prevent such Party party from relying on this Section except to the extent that the other Party party has been prejudiced thereby.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Sanmina-Sci Corp), Manufacturing Services Agreement (Intraop Medical Corp), Manufacturing Services Agreement (Intraop Medical Corp)
Notice of Force Majeure Event. Neither Party party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party party gives notice to the other Party party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party party to give notice of a Force Majeure Event shall not prevent such Party party from relying on this Section except to the extent that the other Party party has been prejudiced thereby.
Appears in 3 contracts
Samples: Medical Product Manufacturing Services Agreement (Medifocus Inc.), Manufacturing Services Agreement (Lifestream Technologies Inc), Manufacturing Services Agreement (Netezza Corp)
Notice of Force Majeure Event. Neither Party shall be responsible for any failure to perform due to a Force Majeure Event provided that Event, provided, that, such Party gives notice to the other Party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party to give notice of a Force Majeure Event shall not prevent such Party from relying on this Section except to the extent that the other Party has been prejudiced thereby.
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Lifestream Technologies Inc), Distribution Agreement (Lifestream Technologies Inc)
Notice of Force Majeure Event. Neither Party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party gives notice to the other Party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) [**] days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party to give notice of a Force Majeure Event shall not prevent such Party from relying on this Section except to the extent that the other Party has been prejudiced thereby.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Acacia Communications, Inc.)
Notice of Force Majeure Event. Neither Party party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party party gives notice to the other Party party of the Force Majeure Event as soon as reasonably practicable, but not later than five two business (52) days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party party to give notice of a Force Majeure Event shall not prevent such Party party from relying on this Section except to the extent that the other Party party has been prejudiced thereby.
Appears in 1 contract
Notice of Force Majeure Event. Neither Party party shall be responsible for any failure to perform due to a Force Majeure Event Event, provided that such Party party gives notice to the other Party party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) days [***] after the date on which such Party party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party party to give notice of a Force Majeure Event shall not prevent such Party party from relying on this Section except to the extent that the other Party party has been prejudiced thereby.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Overland Storage Inc)
Notice of Force Majeure Event. Neither Party shall be responsible for any failure to perform due to a Force Majeure Event provided that such Party gives notice to the other Party of the Force Majeure Event as soon as reasonably practicable, but not later than five (5) business days after the date on which such Party knew or should reasonably have known of the commencement of the Force Majeure Event, specifying the nature and particulars thereof and the expected duration thereof; provided, however, that the failure of a Party to give notice of a Force Majeure Event shall not prevent such Party from relying on this Section except to the extent that the other Party has been prejudiced thereby.
Appears in 1 contract
