definiens: means in relation to either Party, any event or circumstance ( other than lack of funds ) which isbeyond the reasonable control of that Party which event or circumstance that Party could not reasonably be expectedto have taken into account at the date of this Agreement and which results in or causes the failure of that Party toperform any or all of its obligations under this Agreement including, but not limited to, act of God, lightning, fire, storm, flood, earthquake, accumulation of snow or ice, lack of water arising from weather or environmental problems, strike, lockout or other industrial or student disturbance, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, sabotage, act ofvandalism, prevention from or hindrance in obtaining in any way materials, energy or other supplies, explosion, fault orfailure of plant or machinery ( which could not have been prevented by good industry practice ), or legal requirementgoverning either Party or acts, omissions or delays in acting by any governmental authority