Common use of Performance Excused Clause in Contracts

Performance Excused. Subject to Section 3.6(a), to the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement, then such Party (the “Affected Party”) shall be excused from the performance of its obligations under this Agreement (but not from the payment of liquidated damages or another express measure of damages, if any, set forth in this Agreement that may arise out of such non- performance, unless and except to the extent that Force Majeure is expressly taken into account in the calculation for such express measure of damages provided for herein), provided that (a) the Affected Party gives notice and details of the Force Majeure (in addition to any notices and information required to be provided by Seller under Section 9.7, if applicable), including the basis and particulars of the claim of Force Majeure, its effect on the Affected Party’s performance hereunder, its best estimate of its schedule for overcoming the Force Majeure and any other information necessary for the other Party to verify the validity and length of the Force Majeure excuse (the “FM Claims Notice”), to the other Party as soon as practicable, (b) the Affected Party works diligently to resolve the effect of the Force Majeure and resume performance as soon as possible and provides evidence of its efforts promptly to the other Party upon the other Party’s written request and (c) in no event shall the suspension of performance be of greater scope or longer duration than the Force Majeure requires (assuming compliance with clause (b) above). The Affected Party shall give the other Party periodic written reports (no less often than weekly) on the status of the Affected Party’s efforts to remedy its inability to perform and its best estimate of when it will be able to resume performance. Further, when the Affected Party is able to resume performance of its obligations under this Agreement, the Affected Party shall promptly give the other Party notice to that effect. The Party that is not the Affected Party shall not be required to perform or resume performance of its obligations (including payment obligations) corresponding to the obligations of the Affected Party excused by Force Majeure until such time and to the extent the Affected Party resumes its performance.

Performance Excused. Subject to Section 3.6(a), to the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement, then such Party (the “Affected Party”) shall be excused from the performance of its obligations under this Agreement (but not from the payment of liquidated damages or another express measure of damages, if any, set forth in this Agreement that may arise out of such non- performance, unless and except to the extent that Force Majeure is expressly taken into account in the calculation for such express measure of damages provided for herein), provided that (a) the Affected Party gives notice and details of the Force Majeure (in addition to any notices and information required to be provided by Seller under Section 9.7, if applicable), including the basis and particulars of the claim of Force Majeure, its effect on the Affected Party’s performance hereunder, its best estimate of its schedule for overcoming the Force Majeure and any other information necessary for the other Party to verify the validity and length of the Force Majeure excuse (the “FM Claims Notice”), to the other Party as soon as practicable, (b) the Affected Party works diligently to resolve the effect of the Force Majeure and resume performance as soon as possible and provides evidence of its efforts promptly to the other Party upon the other Party’s written request and (c) in no event shall the suspension of performance be of greater scope or 80 NTD: Parties to discuss details regarding the Buyer purchase option, including pricing and terms of the purchase. longer duration than the Force Majeure requires (assuming compliance with clause (b) above). The Affected Party shall give the other Party periodic written reports (no less often than weekly) on the status of the Affected Party’s efforts to remedy its inability to perform and its best estimate of when it will be able to resume performance. Further, when the Affected Party is able to resume performance of its obligations under this Agreement, the Affected Party shall promptly give the other Party notice to that effect. The Party that is not the Affected Party shall not be required to perform or resume performance of its obligations (including payment obligations) corresponding to the obligations of the Affected Party excused by Force Majeure until such time and to the extent the Affected Party resumes its performance.

Performance Excused. Subject to Section 3.6(a), to the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement, then such Party (the “Affected Party”) shall be excused from the performance of its obligations under this Agreement (but not from the payment of liquidated damages or another express measure of damages, if any, set forth in this Agreement that may arise out of such non- performance, unless and except to the extent that Force Majeure is expressly taken into account in the calculation for such express measure of damages provided for herein), provided that (a) the Affected Party gives notice and details of the Force Majeure (in addition to any notices and information required to be provided by Seller under Section 9.7, if applicable), including the basis and particulars of the claim of Force Majeure, its effect on the Affected Party’s performance hereunder, its best estimate of its schedule for overcoming the Force Majeure and any other information necessary for the other Party to verify the validity and length of the Force Majeure excuse (the “FM Claims Notice”), to the other Party as soon as practicable, (b) the Affected Party works diligently to resolve the effect of the Force Majeure and resume performance as soon as possible and provides evidence of its efforts promptly to the other Party upon the other Party’s written request and (c) in no event shall the suspension of performance be of greater scope or longer duration than the Force Majeure requires (assuming compliance with clause (b) above). The Affected Party shall give the other Party periodic written reports (no less often than weekly) on the status of the Affected Party’s efforts to remedy its inability to perform and its best estimate of when it will be able to resume performance. Further, when the Affected Party is able to resume performance of its obligations under this Agreement, the Affected Party shall promptly give the other Party notice to that effect. The Party that is not the Affected Party shall not be required to perform or resume performance of its obligations (including payment obligations) corresponding to the obligations of the Affected Party excused by Force Majeure until such time and to the extent the Affected Party resumes its performance.