Continuing Force Majeure Sample Clauses

Continuing Force Majeure. 5.3.1 Force Majeure means anything affecting either Party's performance of their obligations arising from any of the following: ● acts, events, omissions, happenings or non­happenings beyond the reasonable control of the affected Party ● riots, war or armed conflict, acts of terrorism, nuclear, biological or chemical warfare ● acts of government, local government or Regulatory Bodies ● fire, flood, any disaster and any failure or shortage of power or fuel ● an industrial dispute affecting a third party for which a substitute third party is not reasonably available 5.3.2 The following do not constitute a Force Majeure event: ● any industrial dispute relating to the Supplier, its staff, or any other failure in the Supplier’s (or a Subcontractor's) supply chain ● any event or occurrence which is attributable to the wilful act, neglect or failure to take reasonable precautions against the event or occurrence by the Party concerned 5.3.3 The Party not affected by the Force Majeure event may, by written notice to the affected Party, suspend or terminate this Framework Agreement with effect from the date specified in such notice if a Force Majeure event endures for a continuous period of more than 60 Working Days.

Continuing Force Majeure. The occurrence of a force majeure event specified in Section 12.14 that does or could result in LTS not being able to fully perform its obligations under this Agreement for a period greater than [**] days. Notwithstanding the foregoing, no Failure Event shall be deemed to have occurred if the occurrence of such event is attributable to (i) a delay or defect in the API supplied by NuPathe, (ii) the Drug Product, after delivered by LTS, not being stored in accordance with the Specifications for the Drug Product or the approved product labeling for the NuPathe Patch or (iii) a delay by NuPathe in its final release, provided, however, that such delay is not caused by LTS’ failure to perform or satisfy its obligations under this Agreement.

Continuing Force Majeure. If any force majeure event is relied on for longer than three months by either party as excusing or delaying performance by it of any material obligation hereunder, the other shall be entitled to terminate this Agreement in whole or in part forthwith on written notice.

Continuing Force Majeure. No Party shall be liable to any other Party for any delay in, or failure to perform its obligations under this Agreement arising from any Force Majeure Event, provided that the affected Party shall: as soon as reasonably practicable, send to the other Parties a written notice setting out the circumstances of the event and its anticipated effect; and use all reasonable endeavours to minimise the effect of any such circumstances. If the affected Party’s ability to perform its obligations under this Agreement is materially adversely affected (in whole or in part) due to a Force Majeure Event continuing for a period of six (6) months or more, any Party (including the affected Party) may terminate the affected Party's participation in this Agreement with immediate effect by serving written notice to the other Parties, PROVIDED THAT no such notice shall be served until the Parties have met at the next scheduled meeting of the Partnership Board (or such other meeting which shall be arranged between the Parties for this purpose) in good faith to discuss and seek to agree whether this Agreement should continue in modified form (such agreement not to be unreasonably withheld). Notwithstanding any other provision under this Agreement, the Parties agree that they were aware of COVID-19 and that the existence of COVID-19 in itself shall not constitute a Force Majeure event save that a Change in COVID-19 Impact Event may be deemed to be a Force Majeure Event provided it satisfies the criteria set out in sub-paragraphs (g) to (k) (exclusive) of the definition of Force Majeure.