Release from Delivery and Acceptance Obligations. If a Party is fully or partly prevented due to Force Majeure from performing or procuring performance of its obligations of delivery or acceptance under one or more Individual Contracts and such Party complies with the requirements of § 7.3 (Notification and Mitigation of Force Majeure) then, without prejudice to § 7.5 (Long Term Force Majeure Limit), no breach or default on the part of the Claiming Party shall be deemed to have occurred and it shall be released (and not merely suspended) from those obligations but only for the period of time and to the extent that such Force Majeure prevents its performance. Without prejudice to § 7.5 (Long Term Force Majeure Limit), no obligation to pay damages pursuant to § 8 (Remedies for Failure to Deliver or Accept the Contract Quantity) will accrue to the Claiming Party with respect to Default Quantities arising under such Individual Contracts as a result of Force Majeure affecting the Claiming Party's obligation.
Appears in 3 contracts
Sources: General Agreement, General Agreement, General Agreement