Procedure on Force Majeure Event Clause Samples

The Procedure on Force Majeure Event clause outlines the steps parties must follow if an unforeseeable event beyond their control prevents them from fulfilling contractual obligations. Typically, this clause requires the affected party to promptly notify the other party of the force majeure event, provide relevant details, and take reasonable measures to mitigate its impact. Its core function is to ensure clear communication and a structured response during disruptions, thereby minimizing disputes and clarifying the parties’ rights and responsibilities when such events occur.
Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s) (but without prejudice to any termination right arising under Section 17.4).
View SourceView Similar (9)
Procedure on Force Majeure Event. (a) A Party shall provide written notice to the other Party within 5 Business Days of becoming aware of the occurrence of a Force Majeure Event. The Party providing notice shall, within 15 Business Days after such notification, provide further written details to the other Party which shall include: (i) a statement of which Force Majeure Event the claim is based upon; (ii) details of the event or circumstances forming the basis for the Party’s claim; (iii) details of the contemporary records which such Party shall maintain to substantiate its claim for relief; (iv) details of the consequences (whether direct or indirect, financial or non-financial) which such Force Majeure Event may have upon such Party and its obligations under this Agreement, accompanied by copies of all supporting records in such Party’s custody or available to such Party which substantiate or support such Party’s claim; and (v) details of any measures which the Party proposes to adopt to mitigate the consequences of such Force Majeure Event. (b) In addition to the requirements of Section 10.2(a), if Project Co provides such notice, then Project Co shall: (i) submit to the City a Schedule Update within 15 Business Days (or other timeline as agreed between the Parties on a case-by-case basis) after such notification; (ii) for a Force Majeure Event that continues for longer than 30 calendar days, provide a monthly update of the impact of the Force Majeure Event to the Construction Schedule, which shall include a detailed description of the impact to the satisfaction of the City, acting reasonably; (iii) submit to the City a Schedule Update within 10 Business Days (or other timeline as agreed between the Parties on a case-by-case basis) after the Force Majeure Event ceases to affect Project Co’s performance of the Project Work; and (iv) shall submit a forensic schedule analysis (a “Forensic Schedule Analysis”) in accordance with AACE International Recommended Practice No. 29R-03 within 10 Business Days (or other timeline as agreed to between the Parties on a case by case basis) of the conclusion of the Force Majeure Event or the portion of the Force Majeure Event that impacts the Construction Schedule. The Forensic Schedule Analysis shall include adequate justification for the selected forensic schedule analysis method and demonstrate that it produces an accurate assessment of the event impact. (c) As soon as possible, but in any event within 3 Business Days, of the Party providing notice (...
View SourceView Similar (2)
Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage.
View Source
Procedure on Force Majeure Event. J2.1 Upon either Party becoming aware of the occurrence of a Force Majeure Event that may prevent that Party from performing any obligation under this Design Build Agreement, that Party shall in a timely manner give the other Party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Design Build Agreement, and thereafter the Parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. J2.2 Except to the extent that damage caused to the Infrastructure by a Force Majeure Event is insured against or required to be insured against by Design Builder in accordance with this Design Build Agreement, the City will be responsible for repairing the damage, provided that: (a) the City may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage, and if the City declines to repair the damage it shall provide notice of this decision to Design Builder as soon as reasonably practicable; (b) if the City, pursuant to Section J2.2(a), declines to repair the damage, then, subject to Section J3 and Section K1, the City’s decision to decline to repair the damage shall constitute a Relief Event under Section K1.1(j) (but without prejudice to any termination right arising under Section O4.1); and (c) if the City chooses to repair the damage and it intends to require Design Builder to carry out the repairs, then the City will issue a Change Order Directive to Design Builder for the necessary repairs in accordance with Schedule 17 – Change Orders. For clarity, this Section J2.2 applies only in respect of damage that is caused by a Force Majeure Event and shall not apply to damage that is otherwise the responsibility of Design Builder pursuant to this Design Build Agreement.
View Source

Related to Procedure on Force Majeure Event

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that, such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure. 11.5.2 The Affected Party shall give notice to the other Party of (i) the cessation of the relevant event of Force Majeure; and (ii) the cessation of the effects of such event of Force Majeure on the performance of its rights or obligations/ roles under this Agreement, as soon as practicable after becoming aware of each of these cessations.

  • Reporting of Non-Force Majeure Events Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event. 16.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must: (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue. 16.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.