definiens: shall mean any event or condition, not existing as of the date of signature of this Agreement, not reasonably foreseeable as of such da te or thereafter, and not reasonably within the control of either party, which prevents in whole or in material part the performance by one of the par ties of its obligations hereunder, including, but not li mited to, flood, storm, earthquake, embargoes, and acts of God, acts of government ( other than government b usiness ), war, and/or public enemy . Force Majeure does not necessarily include the business dealings of government, but does include acts of government outside the course of ordinary business that legall y prohibit or mandate certain business and manufacturing activities by EPMP LLC . If a party wi she s to declare Force Majeure, it shall notify the other party immediately . Such notice shall include information with respect to the actual hindrance an d, where possible, the duration of such hindrance . Upo n giving notice to the other party, a party affecte d by an event of Force Majeure shall be suspended wit hout any liability on its part from the performance of its obligations under this Agreement provided it uses reasonable efforts to overcome such delay or failure, except that it may not suspend any obligat ion to pay any amounts due and owing hereunder, but only to the extent and only for the period that its performance of such obligations is prevented by th e event of Force Majeure . During the period that PRODUCT DEVELOPMENT AND SUPPLY AGREEMENT EAGLEPICHE R - NEVRO 15 the performance by one of the parties of its obliga tions under this Agreement has been suspended by reason of an event of Force Majeure, t he other party may likewise suspend the performance of all or part of its obligations hereu nder to the extent that such suspension is commercially reasonable and such other party may ta ke provisional precautions which would otherwise have constituted a violation of this Agre ement for the purpose of limiting its losses caused by the Force Majeure