Majeure Event shall likewise be extended for a period equal to the duration of such Force Majeure Event. As applied to this Section 10.4 26 Source: CONFORMIS INC, 10-Q, 11/1/2019 and to determine whether an event is reasonably beyond control of a Party, materials shortages, strikes, slowdowns, other labor related delays or events resulting from a Party's, its Affiliates or their respective agents' negligence, gross negligence, fraud or intentional misconduct are not Force Majeure Events. (b) Notwithstanding the provisions set forth in Section 10.4(a), above, a Force Majeure Event shall not include any governmental action of an enforcement nature that arises from or relates to either Party's failure to comply with any federal, national, state, provincial, international, or local law, statute, regulation or ordinance applicable to such Party's performance hereunder. 10.5 Notices. All notices, requests, demands, waivers, instructions, consents and other communications to be given pursuant to the terms of this Agreement will be in writing and will be deemed to have been duly given upon receipt if delivered by hand, sent by a nationally recognized overnight mail service, or mailed by registered or certified mail, return receipt requested, postage prepaid: If to Stryker, addressed to: Howmedica Osteonics Corp. c/o Stryker Corporation Attn: Legal Department, [**] 325 Corporate Drive Mahwah, NJ 07430 If to Conformis, addressed to: Conformis, Inc. Attn: Chief Executive Officer and General Counsel 600 Technology Park Drive Billerica, MA 01821 With a copy (which shall not constitute notice) to: 27 Source: CONFORMIS INC, 10-Q, 11/1/2019 WilmerHale Attn: Jason Kropp, Esq. 60 State Street Boston, MA 02109 Any Party may change its address, telephone number, or facsimile number by prior written notice to the other Party. 10.6 Amendments and Waivers. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by