Excuse for Nonperformance. In the event that either Buyer or Seller is unable to perform hereunder due to a strike, lockout, other labor trouble, riot, war, enemy act, blackout, rebellion, quarantine of plant, fire, earthquake, or other Act of God (a "Force Majeure Event"), such party shall not be liable hereunder for nonperformance of this Agreement during the time or continuance of such Force Majeure Event. The party who is unable to perform due to a Force Majeure Event agrees to use reasonable efforts to mitigate any hardship suffered by the other party during any period when performance is excused under the provisions of this Section. Failure on the part of Seller to deliver or on the part of Buyer to receive Milk for any of the reasons set forth in this Section 13 shall not be deemed a ground for the termination or cancellation of this Agreement; provided, however, if Seller is unable to deliver Milk due to a Force Majeure Event, Buyer may purchase the same from other suppliers, in which event Buyer's obligation to purchase its requirements of Milk from Seller as provided in Section 1 above shall be temporarily reduced to the extent of any such purchases from such other suppliers. Buyer's obligation to purchase its requirement of Milk from Seller as provided in Section 1 above shall resume upon Seller providing Buyer with written notice that the Force Majeure Event which prevented Seller from delivering Milk to Buyer no longer exists.
Appears in 2 contracts
Sources: Milk Supply Agreement (SFG Capital Corp), Milk Supply Agreement (SFG Capital Corp)