Common use of Scope of Suspension; Duty to Mitigate Clause in Contracts

Scope of Suspension; Duty to Mitigate. The suspension of or impact on performance due to an event of Force Majeure or an Excusable Event shall be of no greater scope and no longer duration than is required by such event. The excused Party shall use its reasonable efforts: (a) to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to the performance of its obligations under this Agreement; (b) to continue to perform its obligations hereunder; and (c) to remedy its inability to perform, as applicable. EXECUTION COPY 50 In addition, the Party not claiming an event of Force Majeure may identify and recommend measures designed to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to the performance of the affected Party hereunder and such affected Party shall adopt such measures to the extent the same are reasonable and lawful. When the affected Party is able to resume performance of its obligation under this Agreement, such affected Party shall give the other Party Notice to that effect.

Scope of Suspension; Duty to Mitigate. The suspension of or impact on performance due to an event of Force Majeure or an Excusable Event shall be of no greater scope and of no longer duration than is required by reasonable in light of the nature and magnitude of such event. Suspension of performance due to an event of Force Majeure, and any related remedy therefor, shall be permitted (i) only if the affected Party could not have avoided the impacts of the Force Majeure event by the exercise of due diligence, and (ii) only if by the exercise of due diligence, the affected Party is unable to overcome or obtain or cause to be obtained a substitute for suspension of performance. The excused Party shall use its reasonable efforts: efforts to: (a) to mitigate the duration of, and the costs arising from, any suspension or delay in, or other impact to the performance of in its obligations under this Agreement; performance; (b) to continue to perform its obligations hereunder; and and (c) to remedy its inability to perform, as applicable. EXECUTION COPY 50 In addition, the Party not claiming an event of Force Majeure may identify and recommend measures designed to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to the performance of the affected Party hereunder and such affected Party shall adopt such measures to the extent the same are reasonable and lawful. When the affected Party is able to resume performance of its obligation obligations under this AgreementContract, such affected Party shall give the other Party Notice to that effect.