Neither D▇. ▇▇▇▇▇ nor Z-KAT shall be responsible for and the terms of this Agreement shall be inapplicable to any defaults or delays which are due to causes beyond D▇. ▇▇▇▇▇’▇ or Z-KAT’s control including, without limitation, acts of God or public enemy, acts or any order of a government, fire, flood or other natural disasters, embargoes, accidents, explosions, strikes or other labor disturbances (regardless of the reasonableness of the demands of labor), shortages of fuel, power or raw materials, inability to obtain or delay of transportation facilities, incidents or war, or other events causing the inability of D▇. ▇▇▇▇▇ or Z-KAT acting in good faith with due diligence, to perform its obligations under this Agreement.
Appears in 2 contracts
Sources: Asset Contribution Agreement (MAKO Surgical Corp.), License Agreement (MAKO Surgical Corp.)