Common use of Mitigation of Force Majeure Clause in Contracts

Mitigation of Force Majeure. In addition to the requirements of Section 8.1(d) below, if applicable, the suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Initial Delivery Date as a result of a Force Majeure or a Force Majeure Extension as Notified by Seller in the case of Delivery Conditions in Sections 2.2(a)(i) and 2.2(a)(iii) through 2.2(a)(viii), in accordance with this Article Eight, then Sections 8.1(d) and (e) shall apply. Within five (5) Business Days of the cessation of a Force Majeure event, the Party that invoked the Force Majeure event shall provide the other Party with Notice in the form of a letter stating that the event has ceased.

Mitigation of Force Majeure. In addition to the requirements of Section 8.1(d) below, below if applicable, applicable the suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Initial Delivery Date as a result of a Force Majeure or a Force Majeure Extension as Notified by Seller in the case of Delivery Conditions in Sections 2.2(a)(i), 2.2(a)(iii), 2.2(a)(iv) and 2.2(a)(iii) through 2.2(a)(viiior 2.2(a)(v), in accordance with this Article Eight, then Sections 8.1(d) and (e) shall apply. Within five (5) Business Days of the cessation of a Force Majeure event, the Party that invoked the Force Majeure event shall provide the other Party with Notice in the form of a letter stating that the event has ceased.

Mitigation of Force Majeure. In addition to the requirements of Section 8.1(d) 8.4 below, if applicable, the suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Initial Delivery Date IDD as a result of a Force Majeure or a Force Majeure Extension as Notified by Seller in the case of Delivery Conditions in Sections 2.2(a)(i) and 2.2(a)(iii) through 2.2(a)(viii), in accordance with this Article Eight, then Sections 8.1(d) 8.4 and (e) 8.5 shall apply. Within five (5) Business Days of the cessation of a Force Majeure event, the Party that invoked the Force Majeure event shall provide the other Party with Notice in the form of a letter stating that the event has ceased.