Common use of Force Majeure and Limitation of Liability Clause in Contracts

Force Majeure and Limitation of Liability. Neither party shall be considered in default under this Agreement or responsible or liable in tort, strict liability, contract or other legal theory to the other party for damages of any description for any interruption or other failure to perform obligations under this Agreement or deficiency in the quality or quantity of performance, or any other failure to perform if such failure or deficiency is caused by a Force Majeure event. For purposes of this section and this Agreement, a Force Majeure event shall be one caused by factors beyond the party's reasonable control and that by exercise of reasonable diligence the party is unable to prevent or overcome, including without limitation, storm, flood, lightning, earthquake, explosion, civil disturbance, labor dispute, sabotage, war, insurrection, act of God or the public enemy, action of a court, public authority or ISO-NE except by enforcement actions by ISO-NE. In the event of a force majeure, both parties shall take all reasonable steps to comply with this Agreement.