definiens: shall mean ( i ) acts of God, acts of the public enemy, insurrections, riots, sab otage, strike, work - stoppage or other labor dispute and natural disasters ; ( ii ) explosions, fires, flood damage, or loss of electric power not resulting fro m the negligence of the Party invoking Force Majeure ; ( iii ) regulatory actions no t attributable to any violation of law on the part of Talecris or Custome r, as the case may be and ( iv ) in the case of Talecris, events, circumstances, conditions and actions outside of the control of Talecris that materially and adversely affect the plasma - derived products industry generally, includi ng, but not limited to, interruptions of supply of raw plasma due to viral outbreaks, eruption of new viruses and similar events that are reasonably like ly to be subject to action by any Regulatory Authority ; any of ( i ), ( ii ), ( iii ) o r ( iv ) of which, in the case of Talecris, prevents Talecris from performing its obligations under this Agreement, or, any of ( i ), ( ii ) or ( iii ) of which, in the case of Customer, prevents Customer from producing and/or marketing i ts Products or performing its obligations under this Agreement . Notwithstanding a nything in this Agreement to the contrary, except Section 11 and Section 12, the party experiencing the Force Majeure shall be excused from the performance of ea ch of its obligations under this Agreement upon a Force Majeure, but only to th e extent performance of any such obligation is necessarily prevented, hindered or delayed thereby and only during the continuance of any such Force Majeure, a nd shall have no liability for damages arising from non - performance of any obl igation excused by a Force Majeure . Furthermore, if Customer terminates this A greement pursuant to Section 10.2, there shall be no further damages arising fro m any non - performance excused by a Force Majeure . The Party suffering such Force Majeure shall invoke this provision by promptly notifying the other Party in writing of the nature and estimated duration of the suspension period, as wel l as the extent to which it will be unable to fulfill its obligations under the Agreement . Each Party shall be relieved of performance of its obligations under this Agreement during the time when it is prevented from performing by the fa ilure of the other party to perform its obligations or because of any event of Force Majeure