definiens: shall mean any unanticipated event beyond a party ’s ( and/or its subcontractors ’ ) reasonable con trol that could not be avoided by due care of such non - performing party ( and/or its subcontractors ), i ncluding without limitation, acts of God, fire, explosion, flood, earthquake, drought, war, hostili ty, revolution, riot, civil disturbance, national emergency, sabotage, or embargo ; provided, however, that the party affected shall promptly notify the other party of the condition constituting Force Maj eure as defined herein and shall exert commercially reasonable efforts to eliminate, cure and overcome any such causes and to resume performance of its obligatio ns with all possible speed . If a condition constitu ting Force Majeure as defined herein prevents, or would likely prevent, a party from performing it s obligations under this Agreement for more than ninety ( 90 ) days, the parties shall meet to negotia te a mutually satisfactory solution to the problem, if practicable, including the use of a third party to fulfil the obligations hereunder of the party invok ing Force Majeure at the expense of the party invoking Force Majeure