Force Majure. DMS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its control, including, but not limited to, acts of God, war, riot, embargos, acts of civil or military authorities, fire, flood, accidents, strikes or shortages of transportation, facilities, fuel, energy, labor or materials. In the event DMS’ ability to perform is impeded for a period of more than sixty (60) days then Consignee may, at its option, terminate this Agreement without liability for said termination.
