Rimon

Model Force Majeure Clause

Insight Dror Futter Dror Futter · February 25, 2020

Model Force Majeure Clause

Neither Party shall be liable or responsible to the other Party for loss or damages, nor shall it have any right to terminate this Agreement for any default or delay attributable to any acts of God, acts of government (including injunctions and trade sanctions), fire, flood, earthquake, pandemic,  strike, lockout, labor dispute, breakdown of plant, shortage of critical equipment, loss or unavailability of manufacturing facilities or material, casualty or accident, civil commotion, acts of public enemies, acts of terrorism or threat of terrorist acts, blockage or embargo and the like,  or any other event beyond its reasonable control and without its fault or negligence, whether similar or dissimilar to any of the foregoing (a “Force Majeure Event”); provided, however, that in each such case the Party affected shall use reasonable efforts to avoid such occurrence and to remedy it promptly.  The Party affected shall give prompt notice of any such cause to the other Party.  The Party giving such notice shall thereupon be excused from such of its obligations hereunder as it is thereby disabled from performing for so long as it is so disabled and for [***]  days thereafter, and the Party receiving notice shall be similarly excused from its respective obligations which it is thereby disabled from performing; provided, however, that such affected Party commences and continues to take reasonable and diligent actions to cure such cause.  Notwithstanding the foregoing, nothing in this Section X shall excuse or suspend the obligation to make any payment due hereunder in the manner and at the time provided.