Common use of Non-Performance Due to Force Majeure Clause in Contracts

Non-Performance Due to Force Majeure. (a) If the performance of any of the obligations set out in this Agreement by any one of the Parties is interrupted or prejudiced by: _______ Initial (i) fire, explosion, collapse, strike, lockout, labor dispute, failure or lack of transport, fortuitous or accidental, as well as, floods, failure or lack of manpower or raw material; or (ii) war, revolution, civil war, public calamity; or (iii) any law, decree-law, regulation, government order or other Government act; or (iv) any other cause beyond the control of the parties, as determined by TFRY in its sole and absolute discretion. (b) The Party affected will be free of responsibility for not fulfilling its obligation to the extent of the impediment it has suffered, provided that the other Party is promptly notified of same in writing. AS WITNESS the hands and seals of the duly authorized representatives of the Parties hereto as of the day and year first above written. TASTY FRIES, INC. By:/S/ ------------------------------------ ▇▇▇▇▇▇ ▇▇▇▇▇, President DISTRIBUTOR: TASTY FRIES, ISRAEL, LTD. By:/S/ ------------------------------------ _______ Initial SCHEDULE A TERRITORY: Israel, Jordan and Egypt1 PRICE: $200,000.00 DOWN PAYMENT: $ 40,000.00 BALANCE $160,000.00 To maintain Distributorship, Distributor must purchase a minimum of one hundred (100) Machines per year for three (3) years with an option thereafter to purchase additional Machines during the remaining seven (7) years of the Agreement at the then current cost per Machine. This minimum purchase requirement begins on the Effective Date as defined in Article I(a) hereof. Any and all payments made to TFRY, Inc. are payable in U.S. Dollars only. Payments will be issued by bank wire or certified cashiers' checks only. Payment terms shall be in accordance with Article X(e) hereof.

Non-Performance Due to Force Majeure. (a) If the performance of any of the obligations set out in this Agreement by any one of the Parties parties is interrupted or prejudiced by: _______ Initial (i) i fire, explosion, collapse, strike, lockout, labor dispute, failure or lack of transport, fortuitous or accidental, as well as, floods, failure or lack of manpower or raw material; or (ii) or ii war, revolution, civil war, public calamity; or (iii) any law, decree-law, regulation, government order or other Government act; or (iv) any other cause beyond the control of the parties, as determined by TFRY in its sole and absolute discretion. (b) The Party party affected will be free of responsibility for not fulfilling its obligation to the extent of the impediment it has suffered, provided that the other Party party is promptly notified of same in writingnotified. AS WITNESS the hands and seals seats of the duly authorized representatives of the Parties parties hereto as of the day and year first above written. TASTY FRIES, INC. By: /S/ ----------------------------- ▇▇▇▇ ▇. ▇▇▇▇ Chairman of the Board By:/S/ ------------------------------------ ----------------------------- ▇▇▇▇▇▇ ▇▇▇▇▇, President DISTRIBUTOR: TASTY FRIES, ISRAEL, LTD▇▇▇▇▇▇ ▇▇▇▇▇▇ REPRESENTACOES INTERNACIONAIS LTDA. By:/S/ ------------------------------------ _______ Initial ----------------------------- ▇▇▇▇▇▇ ▇▇▇▇▇▇ Managing Quotaholder SCHEDULE A TERRITORY: Israel, Jordan and Egypt1 Brazil PRICE: $200,000.00 250,000.00 DOWN PAYMENT: $ 40,000.00 $100,000.00 BALANCE $160,000.00 150,000.00 To maintain Distributorship, Distributor must purchase sell a minimum of one two hundred fifty (100250) Machines machines per year for three (3) years with an option thereafter to purchase additional Machines during the remaining seven (7) years of the Agreement at the then current cost per Machineyear. This minimum purchase requirement begins on the Effective Date as defined in Article I(a) hereofDate. Any and all payments made to TFRY, Inc. are payable in U.S. Dollars only. Payments will be issued by bank wire or certified cashiers' checks only. Payment terms shall An additional Five Hundred ($500.00) Dollars will be in accordance with Article X(eadded to the cost of each machine sold into the Territory for the first three hundred (300) hereofmachines. This will reduce the cost of the Territory accordingly. DISTRIBUTORSHIP AGREEMENT This Agreememt made this 4th day of April, 1995 BETWEEN: TASTY FRIES, INC. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇, PA, U.S.A. 19422 (hereinafter referred to as "TFI") AND : CANADIAN TASTY FRIES, INC. #▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇, ▇.▇.▇. ▇▇▇▇▇ (hereinafter referred to as "Distributor")