Occurrences. Neither Party shall be responsible to the other Party for any failure, delay or interruption in the performance of any of its obligations under this Agreement if such failure, delay or interruption is caused by a matter reasonably outside of the control of the Party, which may include, but shall not be limited to, fire, flood, typhoon, earthquake, epidemic, riot, terrorist act, insurrection, war, failure or delay of normal sources of supply of materials, failure or delay of public utilities or carriers (“Force Majeure”), provided that the Party affected has used its best efforts to avoid the effects of such occurrence and to perform its obligations notwithstanding such occurrence, and such occurrence is not due to any fault or neglect of such
Appears in 2 contracts
Sources: Api Manufacturing and Supply Agreement (Cempra, Inc.), Api Manufacturing and Supply Agreement (Cempra, Inc.)