Force Majeure Affecting Subcontractor. If any Subcontractor is entitled under any contract or agreement relating to the Works to relief from force majeure on terms additional to or broader than those specified in this clause 19, such additional or broader force majeure events or circumstances shall not excuse the Contractor's non-performance or entitle him to relief under this clause. In the event that delivery to the Contractor of components of the Works provided by any suppliers or Subcontractors is delayed due to Force Majeure affecting the suppliers or Subcontractors respectively for more than two months, and such delay is beyond the control of the Contractor, the Employer may, upon written notice to Contractor, request that the Contractor substitute another entity to provide the components and/or services provided by relevant suppliers or Subcontractors, respectively. The Employer and the Contractor shall discuss such request in good faith with a view to agreeing on the replacement supplier or Subcontractor. The Contract Price shall not change in the event of a replacement of any supplier or Subcontractor save that the Contract Price shall be reduced by the full amount of any reduction in the price of the relevant part of the Works obtained from an alternative supplier or Subcontractor. In such circumstances, any dates in this Contract relating to the delivery of Plant, Materials and/or Equipment shall be modified in accordance with the new delivery dates provided by the new suppliers or Subcontractors provided that the Contractor shall use its best endeavours to agree the earliest delivery date with such new supplier or Subcontractor and that if delivery has not occurred by 30 November 2006, the Employer shall be entitled to terminate this Contract in which case clause 15.5 [Employer's Entitlement to Termination] shall apply. The Employer and the Contractor shall confirm such new dates in writing.
Appears in 2 contracts
Sources: Contractor Agreement, Contractor Agreement