An Affected Party Clause Samples
The 'An Affected Party' clause defines which party to a contract is impacted by a specific event, typically in the context of force majeure or similar circumstances. It identifies the party whose ability to perform contractual obligations is hindered due to unforeseen events such as natural disasters, government actions, or other disruptions beyond their control. By clearly designating the affected party, this clause helps allocate responsibilities and clarifies which party may be excused from performance or entitled to relief, thereby reducing disputes and ensuring fair treatment when unexpected events occur.
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An Affected Party must promptly notify the other party in writing upon the occurrence of the Event of Force Majeure and make all reasonable efforts to prevent, control or limit the effect of the Event of Force Majeure so as to resume compliance with the Affected Party’s obligations under this Agreement as soon as possible.
An Affected Party shall promptly upon becoming aware of it, notify the other Party, specifying the nature of that Termination Event and each Affected Transaction. The Affected Party shall provided that the relevant Termination Event is then continuing, designate an Early Termination Date in the notice.
An Affected Party. The amount payable will be determined in accordance with the provisions of Section 10.1 of this Clause. References to the Defaulting Party and the Non-Defaulting Party will be deemed referenced to the Affected Party and to the Non-Affected Party.
An Affected Party. (a) shall, as soon as reasonably practicable after the start of the Force Majeure Event, or if it anticipates that a Force Majeure Event is about to occur, notify the other party in writing:
(i) of the Force Majeure Event (actual or anticipated);
(ii) the effect of the Force Majeure Event on its ability to perform any of its obligations under this Contract; and
(iii) the measures it will implement (or have implemented) to mitigate the effect of the Force Majeure Event on its ability to perform;
(b) shall, during the period of the Force Majeure Event, use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations;
(c) shall resume performance of its obligations in accordance with this Contract as soon as reasonably possible after the Force Majeure Event has ended; and
(d) cannot claim relief if the Force Majeure Event is attributable to that party's wilful act, neglect or failure to take reasonable precautions against the relevant Force Majeure Event.