Common use of Unavoidable Circumstances Clause in Contracts

Unavoidable Circumstances. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Buyer to make payments to Seller hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") [reasonable] control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): acts of God, acts or threats of war or terrorism, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, pandemics, mill condition, strikes, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, or any other cause beyond the reasonable control of the Impacted Party. Seller shall not be liable for its failure to perform hereunder if due to any shortage or inability to obtain (on terms deemed economically and/or commercially impracticable by Seller) any raw material (including energy), equipment, or transportation. Any quantities not delivered or accepted because of any such contingency shall be eliminated from the Sales Confirmation. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. During any period when Seller is unable to supply the Sales Confirmation quantity of the Goods, whether caused by the circumstances above or otherwise, Seller may allocate any available goods among its customers, including its own subsidiaries, divisions, and departments, on such basis as Seller deems fair and reasonable. Buyer acknowledges that all Orders are accepted with the understanding that they are subject to Seller's ability to obtain the necessary raw materials, and all Orders as well as shipments of Goods are subject to Seller's factory schedules, governmental priorities (such as rated orders), and other government regulations, orders, directives and restrictions that may be in effect from time to time.

Unavoidable Circumstances. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Buyer to make payments to Seller hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") [reasonable] control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): acts of God, acts or threats of war or terrorism, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, pandemics, mill condition, strikes, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, or any other cause beyond the reasonable control of the Impacted Party. Seller shall not be liable for its failure to perform hereunder if due to any shortage or inability to obtain (on terms deemed economically and/or commercially impracticable by Seller) any raw material (including energy), equipment, or transportation. Any quantities not delivered or accepted because of any such contingency shall be eliminated from the Sales Confirmation. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. Buyer acknowledges that all Orders are accepted with the understanding that they are subject to Seller's ability to obtain the necessary raw materials, and all Orders as well as shipments of Products are subject to Seller's factory schedules, governmental priorities (such as rated orders), and other government regulations, orders, directives and restrictions that may be in effect from time to time. Seller shall have no liability to Buyer for any delays caused by an inability to obtain the necessary raw materials. During any period when Seller is unable to supply the Sales Confirmation quantity of the Goods, whether caused by the circumstances above or otherwise, Seller may allocate any available goods among its customers, including its own subsidiaries, divisions, and departments, on such basis as Seller deems fair and reasonable. Buyer acknowledges that all Orders are accepted with the understanding that they are subject to Seller's ability to obtain the necessary raw materials, and all Orders as well as shipments of Goods are subject to Seller's factory schedules, governmental priorities (such as rated orders), and other government regulations, orders, directives and restrictions that may be in effect from time to time.