definiens: shall mean only ( i ) acts of God, acts of the public enemy, insurrections, riots, war, sabotage or natural disasters, ( ii ) strike, work - stoppage or other labor dispute and failure of suppliers, contractors or subcontractors ; ( iii ) explosions, fires, flood damage, or loss of electric power not resulting from the negligenceof the Party invoking Force Majeure ; ( iv ) regulatory actions not attributable to any violation of law on the part of Spectrum orBayer, as the case may be, including regulatory actions applicable to suppliers, contractors and subcontractors, any of ( i ), ( ii),(iii ) or ( iv ) of which, in the case of Spectrum, prevents Spectrum from performing its obligations ( including the obligation topay solely in the event of a banking moratorium ) under this Agreement, or, any of ( i ), ( ii ) ( iii ) or ( iv ) of which, in the case ofBayer, prevents [COMPANY] from performing its obligations under this Agreement ; provided that nothing in clause ( iv ) shall excuseSpectrum or [COMPANY] from complying with Legal Requirements or excuse Spectrum or [COMPANY] from remedying those matterswhich were capable of remedy by Spectrum or [COMPANY] as appropriate through the application of commercially reasonableefforts prior to the occurrence of the events identified in ( iv ) . The Party experiencing the Force Majeure shall be excused fromthe performance of each of its obligations under this Agreement upon a Force Majeure, but only to the extent performance ofany such obligation is necessarily prevented, hindered or delayed thereby and only during the continuance of any such ForceMajeure, and shall have no liability for damages arising from non - performance of any obligation excused by a Force Majeure