26 Sep 19. Force Majeure
19.1 For the purposes of this clause and agreement “Force Majeure” means a circumstance beyond the reasonable control of the Parties which results in a Party being unable to observe or perform on time an obligation under this agreement.
19.2 Neither Party shall be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay is due to Force Majeure.
19.3 If a delay or failure of a Party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that Party’s obligations will be suspended.
19.4 If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds 60 days, either Party may immediately terminate the agreement on providing notice in writing to the other Party.
19.5 If this agreement is terminated pursuant to subclause 4, CSL shall refund moneys previously paid by the Licensee pursuant to this agreement for goods or services not provided by CSL to the Licensee, or prepaid in accordance with clause 5 of this agreement.