Common use of Termination and Force Majeure Clause in Contracts

Termination and Force Majeure. The organization may terminate this Contract, in whole or in part, at any time with written notice to the vendor/supplier. Any monies paid in advance by the organization shall be refunded on or before the date of termination if the services weren’t delivered yet. If the organization terminates this Contract in whole or in part for default on the part of the vendor/supplier, it may acquire elsewhere services similar to those terminated and the vendor/suppliershall be liable for any excess costs to the organization for the re- procurement of those services. The vendor/suppliershall not be liable for any excess costs if the failure to perform under this Contract arises from causes beyond its control and without fault or negligence of the vendor/supplier. In case of unforeseen circumstances or catastrophes, such as insecurity, man-made or non-manmade disasters, coups d’état, war, or non-availability of funds from the donor, which are beyond the control of both parties and prevent either from carrying out their obligations as laid down in this agreement, neither party shall be held accountable and should seek the most appropriate resolution, including agreement termination if deemed necessary by one or both parties.