Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Agreement if such failure is a direct result of a contingency beyond such Party’s reasonable control, including, but not limited to, wars, fires, floods, storms or other natural disasters, or failure of public utilities or common carriers (“Force Majeure”).
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Excusing Performance. Neither Party shall be liable for the failure to perform its obligations under this Agreement if such failure is a direct result of occasioned by a contingency beyond such Party’s reasonable control, including, but not limited to, strikes or other labor disturbances, lockouts, riots, wars, fires, floods, storms or other natural disasters, or failure of public utilities or common carriers (“Force Majeure”)carriers.
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Sources: Master Manufacturing and Supply Agreement (Novan, Inc.)