Techone Hobby shall be excused from delay or non-performance in the delivery of an order and the Distributor shall have no claim for damage if and to the extent such delay or failure is caused by occurrences beyond the control of Techone Hobby, including, but not limited to, market conditions; acts of God; war, acts of terrorism, riots and civil disturbances; expropriation or confiscation of facilities or compliance with any order or request of governmental authority; strikes, labor or employment difficulties whether direct or indirect; or any cause whatsoever which is not within the reasonable control of Techone Hobby. Techone Hobby shall immediately
notify the Distributor of the existence of any such force majeure condition and
the anticipated extent of the delay or non-delivery. Techone Hobby shall, in such
event, have the right to allocate available products among its customers in
its sole discretion.