FORCE MAJEURE (EXCUSABLE DELAY). 16.1 Neither party shall be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform when such delay or failure is caused by any of the following which are beyond the actual control of the delayed party: 16.1.1 Acts of God, acts of the public enemy, acts or failures to act by the other party, acts of civil or military authority, governmental priorities, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, delays in transportation, car shortages, and loss or damage to goods in transit if such goods have been properly packaged as stated herein; or 16.1.2 Inability on account of causes beyond the reasonable control of the delayed party or its suppliers to obtain necessary products, components, services or facilities. 16.2 In the event of any such delay the date of delivery or of performance shall be extended for a period equal to the period of time lost by reason of the delay.
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Sources: Subscriber Purchase and Distribution Agreement (Nextel Partners Inc), Subscriber Purchase and Distribution Agreement (Nextel Partners Inc)