definiens: means an event that is beyond a non - performing Party ’s reasonable control, including acts of God, strikes, lock - outs or other industrial / labour disputes, war, riot, civil commotion, terrorist act, maliciousdamage, epidemics, quarantines, fire, flood, storm or natural disaster . The Force Majeure Party shall, withinfive ( 5 ) days of the occurrence of the Force Majeure event, give written notice to the other Party stating thenature of the Force Majeure event, its anticipated duration and any action being taken to avoid or minimizeits effect . Any suspension of performance shall be of no greater scope and of no longer duration than isreasonably required and the Force Majeure Party shall use best endeavours without being obligated to incurany material expenditure to remedy its inability to perform ; provided, however, if the suspension ofperformance continues for sixty ( 60 ) days after the date of the occurrence and such failure to perform wouldconstitute a material breach of this Agreement in the absence of such event of Force Majeure, the Partiesshall meet and discuss in good faith any amendments to this Agreement to permit the other Party toexercise its rights under this Agreement . If the Parties are not able to agree on such amendments withinthirty ( 30 ) days and if suspension of performance continues, such other Party may 32terminate this Agreement immediately by written notice to the Force Majeure Party, in which case neitherParty shall have any liability to the other except for those rights and liabilities that accrued prior to the dateof termination