definiens: shall mean in relation to either Party, any event or circumstance ( other than lack of funds ) which is beyond thereasonable control of that Party which event or circumstance that Party could not reasonably be expected to have taken into account at thedate of this Agreement and which results in or causes the failure of that Party to perform any or all of its obligations under this Agreementincluding act of God, lightning, fire, storm, flood, earthquake, accumulation of snow or ice, lack of water arising from weather or environmentalproblems, strike, lockout or other industrial or student disturbance, act of the public enemy, war declared or undeclared, threat of war, terroristact, blockade, revolution, not, insurrection, civil commotion, -2 - public demonstration, sabotage, act of vandalism, prevention from or hindrance in obtaining in any way materials, energy or other supplies, explosion, fault or failure of plant or machinery ( which could not have been prevented by good industry practice ), or legal requirementgoverning either Party ’