17. Force Majeure. A party’s nonperformance hereunder will be excused to the extent that, and only<br>for so long as, such nonperformance is caused in whole or in part by an unanticipated event that is not<br>reasonably within the control of the affected party (including acts of God, Laws or acts of governmental<br>authorities, war, riot, or any other causes of such nature), and which, such affected party could not or<br>cannot reasonably avoid, overcome, mitigate, or compensate for with commercially reasonable effort (a<br>“Force Majeure Event”), in which case the obligations of the party not claiming the Force Majeure Event<br>will also be excused on a day-by-day basis. For purposes of clarity, and without limiting the foregoing, the<br>parties agree that the acts or omissions of a Company Party or Company’s failure to obtain any<br>Authorization will not be considered a Force Majeure Event.
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