definiens: shall mean only ( i ) acts of God, acts of the publ ic enemy, insurrections, riots, sabotage, strike, work - stoppa ge or other labor dispute and natural disasters ; ( i i ) explosions, fires, flood damage, or loss of electric power not resulting from the negligence of the Party invoking Force Majeure ; ( iii ) regulatory actions not attributable to any violation of law after the date hereof on th e part of Supplier or [COMPANY], as the case may be, unless, in t he case of Supplier, Supplier is required as a resu lt of any statute, law, regulation, ordinance, rule, judgment, code, order, decree or other requirement of a Reg ulatory Authority ( ), not initiated by Supplier, to cease or material ly curtail production primarily based upon ( x ) violation of any Applicable Law whic h violation was in existence on the Effective Date or ( y ) any condition in existence on the Effective Date or any condition alleged in writing to have been in e xistence on or prior to the Effective Date by a Regulatory A uthority which condition remained outstanding on th e Effective Date and which condition constituted a vi olation or alleged violation of Applicable Law or i mpacts the safety or efficacy of PPF ; and ( iv ) in the cas e of Supplier, events, circumstances, conditions an d actions outside of the control of Supplier that materially and adversely affect the plasma - derived products in dustry generally, including interruptions of supply of raw plasma due to viral outbreaks, eruption of new vir uses and similar events that are reasonably likely to be sub ject to action by any Regulatory Authority ; 10 any of ( i ), ( ii ), ( iii ) or ( iv ) of which, in the ca se of the Supplier, prevents the Supplier from perf orming its obligations under this Agreement, or, any of ( i ), ( ii ) or ( iii ) of which, in the case of [COMPANY], preven ts [COMPANY] from producing Kogenate or performing its obligations un der this Agreement ; provided that nothing in clause ( iii ) or ( iv ) shall excuse Supplier from complying with cGMP s or excuse Supplier from remedying those matters which were capable of remedy by Supplier through th e application of commercially reasonable efforts pr ior to the occurrence of the events identified in ( iii ) or ( iv ) preventing Supplier from performing under the Agreement . Notwithstanding anything in this Agreeme nt to the contrary, except Section 10.7, Article 12 and Article 13, the Party experiencing the Force Majeur e shall be excused from the performance of each of its obligations under this Agreement upon a Force Majeu re, but only to the extent performance of any such obligation is necessarily prevented, hindered or de layed thereby and only during the continuance of an y such Force Majeure, and shall have no liability for dama ges arising from non - performance of any obligation excused by a Force Majeure . Furthermore, if [COMPANY] terminate s this Agreement pursuant to Section 10.2, there sh all be no further damages arising from any non - performance excused by a Force Majeure . The Party suffering su ch Force Majeure shall invoke this provision by prompt ly notifying the other Party in writing of the natu re and estimated duration of the suspension period, as wel l as the extent to which it will be unable to fulfi ll its obligations under the Agreement . Each Party shall b e relieved of performance of its obligations under this Agreement during the time when it is prevented from performing by the failure of the other Party to pe rform its obligations or because of any event of Force Majeur e