Common use of Procedure for Claiming Force Majeure Clause in Contracts

Procedure for Claiming Force Majeure. Information Copy – Not for Bidding 5.2.1 The Party claiming Force Majeure will as soon as is reasonably practicable but no later than fourteen (14) Days after the date on which the Party knew or should reasonably have known of the occurrence of the event or circumstances claimed to be Force Majeure, give written notice to the other Parties of the occurrence of the event or circumstances. If such notice is given more than fourteen (14) Days after that date, it shall retroactively excuse the performance of the affected party for the period starting fourteen (14) Days before the date of such notice. The notice shall be headed in bold print: FORCE MAJEURE NOTICE – IF NOT DISPUTED WILL BE DEEMED TO BE ACCEPTED. The notice will provide full particulars of the event or circumstances causing its failure to perform its obligations under this Agreement. The notice will also give an estimate of the period of time required to remedy the failure (if the remedy is deemed practicable). Failure to give notice will prevent the Party from claiming that the event or circumstances are Force Majeure. 5.2.2 A Party claiming Force Majeure shall provide the other Parties (at the sole cost and risk of that other Parties) reasonable facilities for obtaining further information about the event or circumstance of Force Majeure, including the inspection of any relevant part of the Project. 5.2.3 The Parties receiving the notice referred to in Clause 5.2.1 will, within 14 (fourteen) Days of receipt of receiving the notice, notify the party issuing the notice, in writing whether it accepts that a situation of Force Majeure exists or whether it wishes to dispute the claim. If a Party wishes to dispute the claim, then the dispute will be resolved in accordance with Clause 10 of this Agreement. Failure to so notify will be deemed acceptance that Force Majeure exists.

Procedure for Claiming Force Majeure. Information Copy – Not for Bidding 5.2.1 12.2.1 The Party claiming Force Majeure will as soon as is reasonably practicable but no later than fourteen two (142) Business Days after the date on which the Party knew or should reasonably have known of the occurrence of the event or circumstances claimed to be Force Majeure, give written notice to the other Parties Party of the occurrence of the event or circumstances. If such notice is given more than fourteen two (142) Business Days after that date, it shall only retroactively excuse the performance of the affected party Party for the period starting fourteen two (142) Business Days before the date of such notice. The notice shall be headed in bold print: FORCE MAJEURE NOTICE – IF NOT DISPUTED WILL BE DEEMED TO BE ACCEPTED. The notice will provide full particulars of the event or circumstances causing its failure to perform its obligations under this Agreement. The notice will also give an estimate of the period of time required to remedy the failure (if the remedy is deemed practicable). Failure to give notice will prevent the Party from claiming that the event or circumstances are Force Majeure. 5.2.2 12.2.2 A Party claiming Force Majeure shall provide the other Parties Party (at the sole cost and risk of that other Partiesthe Party claiming) reasonable facilities for obtaining further information about the event or circumstance of Force Majeure, including the inspection of any relevant part of the ProjectFacility. 5.2.3 12.2.3 The Parties Party receiving the notice referred to in Clause 5.2.1 12.2.1 will, within 14 fourteen (fourteen14) Days of receipt of receiving the notice, notify the party issuing the notice, other Party in writing whether it accepts that a situation of Force Majeure exists or whether it wishes to dispute the claim. If a Party wishes to dispute the claim, then the dispute will be resolved in accordance with Clause 10 16 of this Agreement. Failure to so notify will be deemed acceptance that Force Majeure exists.