definiens: means an event that is beyond a non - performing Party ’s reasonable control, including an act of God, act of the other Party, war, riot, civil commotion, strike, terrorist act, malicious damage, epidemic, quarantine, fire, flood, storm, natural disaster, whether or not it is later held to be invalid or inapplicable . The Force MajeureParty will within ten days of the occurrence of the Force Majeure event, give written notice to the other Partystating the nature of the Force Majeure event, its anticipated duration and any action being taken to avoid orminimize its effect . Any suspension of performance will be of no greater scope and of no longer duration than isreasonably required and the Force Majeure Party will use reasonable effort to remedy its inability to perform;provided, however, if the suspension of performance continues or is anticipated to continue for 30 days afterthe date of the occurrence, the unaffected Party will have the right but not the obligation to perform on behalf ofthe Force Majeure Party for a period of such Force Majeure and such additional period as may be reasonablyrequired to assure a smooth and uninterrupted transition of such activities . If such failure to perform wouldconstitute a material breach of this Agreement in the absence of such event of Force Majeure, and continues forone year from the date of the occurrence and the Parties are not able to agree on appropriate amendments withinsuch period, such other Party will have the right, notwithstanding the first sentence of this Section 10.2, toterminate this Agreement immediately by written notice to the Force Majeure Party