Common use of Failure or Delay in Performance Clause in Contracts

Failure or Delay in Performance. Neither Astro-Med on one hand, nor ART on the other, shall be liable to the other party for failure or delay in performance to the extent that performance hereunder is prevented by Force Majeure, which is herein defined to include but not be limited to war (whether declared or undeclared), fire, flood, lightning, earthquake, storm, or any act of God; strikes, lockouts, or other labor difficulties; civil disturbances, riot, or sabotage; accidents, explosions, breakages, freezing or partial or entire failure of machines, equipment, pipelines, or other property; any official order, directive or industry-wide request or suggestion by any governmental authority or instrumentality thereof which, in the reasonable judgment of the party affected, makes it necessary to cease or reduce production; any disruption or breakdown of labor; any inability to secure necessary fuel, power, equipment, transportation, or raw materials, including inability to secure such items by reason of allocations promulgated by authorized governmental agencies; or any other contingency, whether similar or dissimilar to the foregoing, beyond the reasonable control of the affected party which prevents performance hereunder.

Failure or Delay in Performance. Neither Astro-Med Newmark on one hand, nor ART Micron on the other, shall be liable to the other party for failure or delay in performance to the extent that performance hereunder is prevented by Force Majeure, which is herein defined to include but not be limited to war (whether declared or undeclared), fire, flood, lightning, earthquake, storm, or any act of God; strikes, lockouts, or other labor difficulties; civil disturbances, riot, or sabotage; accidents, explosions, breakages, freezing or partial or entire failure of machines, equipment, pipelines, or other property; any official order, directive or industry-wide request or suggestion by any governmental authority or instrumentality thereof which, in the reasonable judgment of the party affected, makes it necessary to cease or reduce production; any disruption or breakdown of labor; any inability to secure necessary fuel, power, equipment, transportation, or raw materials, including inability to secure such items by reason of allocations promulgated by authorized governmental agencies; or any other contingency, whether similar or dissimilar to the foregoing, beyond the reasonable control of the affected party which prevents performance hereunder.