1E9Ct5D

18.1 Force Majeure Events. [Subject to Section 18.2, n/N]either party shall be liableor responsible to the other party, or be deemed to have defaulted under or breached thisAgreement, for any failure or delay in fulfilling or performing any term hereof, when andto the extent such failure or delay is caused by: acts of God, flood, fire or explosion, war,terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or afterthe date of this Agreement, national or regional emergency[,/ or] [strikes, labor stoppagesor slowdowns or other industrial disturbances[,/ or]] [any passage of law or governmentalorder, rule, regulation or direction, or any action taken by a governmental or publicauthority, including imposing an embargo, export or import restriction, quota or otherrestriction or prohibition[,/ or]] [national or regional shortage of adequate power ortelecommunications or transportation facilities] (each of the foregoing, a "Force MajeureEvent"), in each case provided that: (a) such event is outside the reasonable control of theaffected party; (b) the affected party gives [prompt/immediate] written notice to the otherparty, stating the period of time the occurrence is expected to continue; (c) the affectedparty uses diligent efforts to end the failure or delay and minimize the effects of suchForce Majeure Event.18.2 [Customer Performance; ]Termination. [In the event of a Force Majeure Eventaffecting Provider's performance under this Agreement, Customer may suspend itsperformance hereunder until such time as Provider resumes performance.] Customer mayterminate this Agreement by written notice to Provider if a Force Majeure Event affectingProvider's performance hereunder continues substantially uninterrupted for a period of[five (5) Business Days/[NUMBER IN WORDS] ([NUMBER]) days] or more. UnlessCustomer terminates this Agreement pursuant to the preceding sentence, any datespecifically designated for Provider's performance under this Agreement shallautomatically be extended for a period up to the duration of the Force Majeure Event.18.3 Exclusions; Non-suspended Obligations. Notwithstanding the foregoing or anyother provisions of this Agreement:(a)in no event shall any of the following be considered a Force Majeure Event:(i)shutdowns, disruptions or malfunctions of the Provider Systems or anyof Provider's telecommunication or internet services other than as aresult of general and widespread internet or telecommunicationsfailures that are not limited to the Provider Systems; or(ii) the delay or failure of any Provider Personnel to perform anyobligation of Provider hereunder unless such delay or failure toperform is itself by reason of a Force Majeure Event; and(b) no Force Majeure Event shall modify or excuse Provider's obligations underSection 5 (Service Availability and Service Availability Credits), Section 6.5 (SupportService Level Credits)Section 9 (Ownership), Section 10 (Confidentiality), Section 1148