Common use of SUPERIOR FORCE Clause in Contracts

SUPERIOR FORCE. 9.1 In the event the Applicant cannot, before the end of the Agreement comply with the obligation set out in this Agreement due to superior force, the Applicant should advise the Society in writing within 10 business days of the date the Applicant is aware of the circumstances directly related to the superior force ("Notice of superior force"). The Society shall inform the Applicant of its agreement or non-agreement in writing within 30 business days of receipt of the written Notice of superior force. If the Society does not respond in writing back to the Applicant within 60 business days, then the Notice of superior force is agreed by the Society. 9.2 The Applicant will, in the Notice of superior force, advise the Society of the nature of the circumstances, its presumed duration and the measures that it intends to take in order to minimise the consequences of the circumstances outside one's control over its obligation with regard to the Society pursuant to this Agreement. 9.3 The Applicant will, from the receipt of the notice of acceptance or from the expiry of the 60-day period set out in the previous section, be free of its obligations to the Society for the period during which the Applicant is unable to meet its obligations. 9.4 If the Society advises the Applicant that it does not agree with the Notice of superior force, the parties will meet within 10 business days to negotiate in good faith in order to conclude a reasonable agreement concerning the Applicant's obligations to the Society pursuant to this Agreement.