Common use of FORCE M AJEURE Clause in Contracts

FORCE M AJEURE. 15.1. A Party shall not be liable for a failure to perform any of its obligations in terms of this Agreement in so far as it is able to prove that: 15.1.1. such failure was due to an impediment beyond its reasonable control; 15.1.2. it could not reasonably have been expected to have taken such impediment and its effects upon such Party’s ability to perform into account at the time of conclusion of this Agreement; and 15.1.3. it could not reasonably have avoided or overcome the impediment or at least its effects and, for purposes of this clause 15, the following events (which enumeration is not exhaustive) shall be deemed to be impediments beyond the control of each of the Parties, namely: 15.1.3.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage; 15.1.3.2. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning; 15.1.3.3. acts of authority, whether lawful or unlawful, apart from acts for which the Party seeking relief has assumed risk; and 15.1.3.4. acts and omissions of any other electronic communications provider or any utility provider.