Vessel Pollution Liability. for operated, owned or chartered watercraft used in the performance of this Agreement, the current W.Q.I.S. form of policy or equivalent with limits not less than Five Million Dollars ($5,000,000) covering The Oil Pollution Act, CERCLA an unforeseen event or occurrence beyond the reasonable control or without the fault or negligence of the affected party including, but not limited to, earthquakes, inclement weather, fire, explosions, malicious mischief, insurrection, riot, strikes, lock-outs, boycotts, picketing, labor disputes or disturbances (excluding strikes, lock-outs, boycotts, pickets, labor disputes or disturbances or other industrial disputes or action involving the Member or CGAS, their employees, subcontractors or vendors of any of their employees), acts of the public enemy, war (declared or undeclared) compliance with any order or directive of any governmental agencies or authorities or representatives of any government acting under claim or color of authority, loss of transportation facilities ordinarily available to and used by a party in the performance of the obligations imposed by this Agreement; where such event, occurrence or compliance would render the affected Party’s performance illegal or physically impossible. Neither Member nor CGAS shall be under any obligations or subject to any liability for failure to carry out respectively the terms and provisions of this Contract during the time and to the extent that such failures do solely to force majeure. The Party affected by force majeure must give notice stating the time of occurrence and full particulars of the force majeure in writing, to the other party as soon as possible after the occurrence of the force majeure. The obligation of the party giving notice of force majeure shall be suspended during the continuance of the force majeure event. Nothing in this clause regarding force majeure shall be construed to relieve either party of its obligation to pay monies due under the Contract.
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