Common use of Force Majeure Delays Clause in Contracts

Force Majeure Delays. Buyer’s obligations hereunder shall be excused and Buyer shall have no liability to Seller for the failure to perform under these General Terms and Conditions due to any of the following and during the period when any of the following conditions exists: (a) strikes, work stoppages, or other labor troubles, difficulties, disruptions or disturbances of any kind; (b) fires, floods, earthquakes, inclement weather, explosions, or other natural or man-made disasters or acts of God; (c) riots, war, sabotage, foreign or domestic terrorism (including cyber-terrorism or cyber-attacks), act of a public enemy, national emergency, epidemic, pandemic, disease outbreak, quarantine, or other disturbances of the peace; (d) breakdowns, shutdown, destruction, or failure of any kind of Buyer’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, or accidents at Buyer’s facilities; (e) transportation embargoes or delays, reductions, shortages, curtailment, disruption or cessation of equipment, facilities, power, labor or other factors of production or performance; (f) governmental actions, legislation, regulations, rules or orders, or Buyer’s voluntary or involuntary participation in any plan of general public interest, any of which adversely affect performance hereunder; (g) any other cause beyond the reasonable control of Buyer, whether or not similar to the causes or occurrences enumerated above; or (h) the escalation or worsening of any of the foregoing. In the event of any such delay or failure in performance, Buyer shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.

Force Majeure Delays. Buyer’s obligations hereunder shall be excused and Buyer shall have no liability to Seller for the failure to perform under these General Terms and Conditions due to any of the following and during the period when any of the following conditions exists: (a) strikes, work stoppages, or other labor troubles, difficulties, disruptions or disturbances of any kind; (b) fires, floods, earthquakes, inclement weather, explosions, or other natural or man-made disasters or acts of God; (c) riots, war, sabotage, foreign or domestic terrorism (including cyber-terrorism or cyber-cyber- attacks), act of a public enemy, national emergency, epidemic, pandemic, disease outbreak, quarantine, or other disturbances of the peace; (d) breakdowns, shutdown, destruction, or failure of any kind of Buyer’s equipment or facilities necessary for performance hereunder arising from any cause whatsoever, or accidents at Buyer’s facilities; (e) transportation embargoes or delays, reductions, shortages, curtailment, disruption or cessation of equipment, facilities, power, labor or other factors of production or performance; (f) governmental actions, legislation, regulations, rules or orders, or Buyer’s voluntary or involuntary participation in any plan of general public interest, any of which adversely affect performance hereunder; (g) any other cause beyond the reasonable control of Buyer, whether or not similar to the causes or occurrences enumerated above; or (h) the escalation or worsening of any of the foregoing. In the event of any such delay or failure in performance, Buyer shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.