Applicability of Force Majeure. Neither Party will be responsible or liable for any delay or failure in its performance hereunder, nor will such Party be deemed in breach hereof, to the extent such delay, failure or breach is due to conditions or events of Force Majeure provided that: (a) The non-performing Party gives the other party prompt written notice describing the particulars of the occurrence of the Force Majeure; (b) The suspension of performance is of no greater scope and of no longer duration than necessitated by the Force Majeure; (c) The non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (d) When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party will give the other Party written notice to that effect.
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Sources: Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC), Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC)
Applicability of Force Majeure. Neither Party will be responsible or liable for any delay or failure in its performance hereunder, nor will such Party be deemed in breach hereofof this Agreement, to the extent such delay, failure or breach is due to conditions or events of Force Majeure provided that:
(a) The non-performing Party gives the other party Party prompt written notice describing the particulars of the occurrence of the Force Majeure;
(b) The suspension of performance is of no greater scope and of no longer duration than necessitated by the Force Majeure;
(c) The non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and
(d) When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party will give the other Party written notice to that effect.
Appears in 1 contract
Sources: Ethanol Merchandising Agreement (One Earth Energy LLC)
Applicability of Force Majeure. Neither Party will shall be responsible or liable for any delay or failure in its performance hereunder, nor will such Party be deemed in breach hereof, to the extent such delay, failure or breach is hereunder due solely to conditions or events of Force Majeure Majeure, provided that:
(aA) The the non-performing Party party gives the other party prompt written notice describing the particulars of the occurrence of the Force Majeure;
(bB) The the suspension of performance is of no greater scope and of no longer duration than necessitated is directly caused by the Force Majeure;
(cC) The the non-performing Party party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party party describing actions taken to end the Force Majeure; and
(dD) When when the non-performing Party party is able to resume performance performance, of its obligations under this Agreement, that Party will party shall give the other Party party written notice to that effect.
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