12. Force Majeure
12.1 In this Agreement “force majeure” shall include any event the happening or pernicious result of which could not be prevented even if a person (which for the purpose of this Article 12 shall include both Parties), against whom it happened or threaten to happen, took appropriate care as might be expected from a reasonable and prudent person engaged in the same line of business under the same or similar circumstances and conditions.
Without limiting the generality or the foregoing, force majeure shall include anyone or more of the following event:
a. an act of God
b. a war, revolution, insurrection. Riot, blockade, or any other unlawful act against public order or authority
c. a strike, lockout, or other industrial disturbance
d. a storm, fire, flood, explosion or lightning
e. an act of government
12.2 If a Party is prevented by force majeure from carrying out any obligation hereunder the obligation of the Party, insofar as its obligations are affected by the force majeure shall be suspended while (but only as long as) the force majeure continue to prevent the performance of the said obligation. A party prevented from carrying out any obligation by force majeure shall promptly give the other Party written notice of the force majeure including reasonably full particular in respect thereof. The Party claiming suspension of its obligation as aforesaid shall promptly remedy the cause and effect of the force majeure described in the said notice insofar as its is reasonably able to do so, provided that the terms of settlement of any strike, lockout or other industrial disturbance shall be solely at the discretion of the Party claiming suspension of it obligation hereunder and that Party shall not be required to accede to the demands of its opponents in any strike, lockout or industrial disturbance solely to remedy promptly the force majeure thereby constituted. In case the force majeure event continues is more than consecutive 90 days, either Party may promptly terminate this Agreement by giving a notice in writing to the other Party.
12.3 Notwithstanding anything contained in this Article 12, lack of funds shall not be considered a force majeure nor shall any force majeure event suspend any obligation for the payment of money due thereunder.