definiens: is defined as causes beyond the control of the Party, including, without 62 Execution Version limitation, acts of God ; acts, regulations, or laws of any government ; war ; civil commotion ; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm ; labor disturbances ; epidemic ; and failure of public utilities or common carriers . In the event of force majeure, [COMPANY] or [COMPANY], as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue . The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement as it is thereby disabled from perfonning for so long as such Party is so disabled, up to a maximum of ninety ( 90 ) days, after which time the Party not affected by the force majeure may terminate this Agreement . To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure