Common use of Procedures upon Excusable Event or Force Majeure Clause in Contracts

Procedures upon Excusable Event or Force Majeure. If Supplier, as a result of an Excusable Event, or Buyer, as a result of the occurrence of a Force Majeure Event, is rendered wholly or partially unable to perform its obligations under this Agreement, such Party shall comply with the following: 11.3.1 the affected Party shall give the other Party Written Notice describing the particulars of the occurrence, with Written Notice given promptly after the occurrence of the event, and in no event more than five (5) Business Days after the affected Party becomes aware that such occurrence is an Excusable Event or Force Majeure Event; provided, however, that any failure of the affected Party to provide such Written Notice shall not waive, prejudice or otherwise affect such Party’s right to relief under this except that any extension of the Project Schedule shall be calculated from the date five (5) Business Days prior to the date on which the affected Party gives Written Notice under this Section ; 11.3.2 the affected Party shall give the other Party Written Notice estimating the event’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and such affected Party shall continue to furnish timely regular reports with respect thereto during the continuation of the event; 11.3.3 the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the event; 11.3.4 no liability of either Party which arose before the occurrence of the event causing the suspension of performance shall be excused as a result of the occurrence; 11.3.5 the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party, promptly taking appropriate and sufficient corrective action, including the expenditure of all reasonable sums of money; 11.3.6 the affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event excusing performance; and 11.3.7 when the affected Party is able to resume performance of the affected obligations under this Agreement, the affected Party shall promptly resume performance and give the other Party Written Notice to that effect, and a Change Order shall be executed by Buyer and Supplier under to account for the actual effect, if any, on the affected Party’s performance of its obligations by the event.

Procedures upon Excusable Event or Force Majeure. Neither Party will be considered to be in breach or default of its obligations under this Agreement to the extent that performance of such obligations or its efforts to cure are delayed or prevented due to a Force Majeure Event or, with respect to Supplier, an Excusable Event. If Suppliereither Party, as a result of an Excusable Event, or Buyer, as a result of the occurrence of a Force Majeure Event, is rendered wholly or partially unable to perform its obligations under this Agreement, such Party shall comply with the following: 11.3.1 9.3.1 the affected Party shall give the other Party Written Notice written notice describing the particulars of the occurrence, with Written Notice written notice given promptly after the occurrence of the event, and in no event more than five (5) _____* Business Days after the affected Party becomes aware that such occurrence is an Excusable Event or Force Majeure Event; provided, however, that any failure of the affected Party to provide such Written Notice written notice within such _____* Business Day period shall not waive, prejudice or otherwise affect such Party’s right to relief under this Article 9 except that any adjustment to the Aggregate Base Price or extension of the Project Schedule Guaranteed Delivery Dates shall be calculated from the date five (5) Business Days prior to the date on which the affected Party gives Written Notice written notice under this Section 9.3.1; 11.3.2 9.3.2 the affected Party shall give the other Party Written Notice written notice estimating the event’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and such affected Party shall continue to furnish timely regular reports with respect thereto during the continuation of the event; 11.3.3 9.3.3 the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the event; 11.3.4 9.3.4 no liability of either Party which arose before the occurrence of the event causing the suspension of performance shall be excused as a result of the occurrence; 11.3.5 9.3.5 the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party, promptly taking appropriate and sufficient corrective action, including the expenditure of all reasonable sums of moneymoney and re-assignment of personnel or equipment to other tasks or locations within the Delivery Point; 11.3.6 9.3.6 the affected Party shall use all reasonable efforts to promptly continue to perform its obligations hereunder and to promptly correct or cure the event excusing performance; and 11.3.7 9.3.7 when the affected Party is able to resume performance of the affected obligations under this Agreement, the affected Party shall promptly resume performance and give the other Party Written Notice written notice to that effect, and a Change Order shall be executed by Buyer and Supplier under Article 10 to account for the actual effect, if any, on the affected Party’s performance of its obligations by the event.