definiens: will mean circumstances in which Hutchison or Nes tlé ( as the case may be ) is unable to conduct a Research activity as a result of a cau se or causes beyond the reasonable control of Hutchison or [COMPANY] ( as the case may be ) ( including Force Majeure or scientific impossibility ) or because the performance of such Research would requ ire Hutchison or [COMPANY] ( as the case may be ) to violate any Applicable Laws or would result in the breach of any software license or other applicable contract by Hutchison or [COMPANY] ( as the case may be ), provided that such inability of Hutchison or [COMPANY] ( as the case may be ) was not the result of t he fault or negligence of Hutchison, [COMPANY] and/or any of its Affiliates ( as the case may be ) and Hutchiso n, [COMPANY] and/or any of its Affiliates ( as the case may be ) have been unable to overcome such inability wit h the exercise of due diligence ( including the expenditure of reasonable sums )