definiens: shall mean an Act of God, flood, fire, explosion, earthquake, strike, lockout, casualty or accident, war, civil commotion, act of public enemies, blockage or embargo, or any injunction, law, order proclamation, regulation, ordinance, demand or requirement of any government or any subdivision, authority representative thereof, or the inability to procure or use materials, labor, equipment, transportation or energy sufficient to meet manufacturing needs CONFIDENTIAL March 29, 2000 ( 7 : 42PM ) X : WORKDELTAGEN30295 . DOC -33 - without the necessity of allocation, or any other cause whatsoever, whether similar or dissimilar to those enumerated above, which are beyond the reasonable control of such Party, which the party affected has used its reasonable best efforts to avoid, and which prevent, restrict or interfere with the performance by a Party of its obligations hereunder . The Party affected by Force Majeure shall give notice to the other Party promptly in writing and whereupon shall be excused from those obligations hereunder, to the extent of such prevention, restriction or interference, provided that the affected Party shall use its commercially reasonable efforts to overcome, avoid or remove such cause ( s ) of non­performance and shall continue performance whenever such cause ( s ) is removed with all possible speed . Nothing herein shall be deemed to require any Party to settle on terms unsatisfactory to such Party with regard to any strike, lockout or other labor difficulty, any investigation or proceeding by any public authority or any litigation by any third party