definiens: shall mean acts of God ; acts, regulations, orders, decrees or laws of any government or agency thereof that are not due to or caused by any action or inaction of the Party clai ming the benefit of force majeure where such action or inact ion is in violation of such Party ’s obligations und er this Agreement or Applicable Laws ; war ; terrorist acts, damage to or destruction of facilities ; labor distu rbances ( whether or not any such labor disturbance is withi n the power of the affected Party to settle ) ; epide mic ; civil commotion ; and failure of suppliers, public utiliti es or common carriers ; provided, however, that notwithstanding the existence of such a Force Majeu re event, the Party affected shall have used, and s hall continue to use throughout the duration of the even t, all reasonable efforts to avoid the occurrence o f the event and to remedy it promptly once it shall have occurr ed