Force Majeure Clauses. Neither party shall be considered to be in default in respect of any obligation hereunder, other than the obligation of a party to make payment of amounts due to the other party under or pursuant to this Agreement, if failure of performance shall be due to Force Majeure. If either party is affected by a Force Majeure event, such party shall, within 20 days of its occurrence, give notice to the other party stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect. The suspension of performance shall be of no greater scope and not longer duration than is required and the non-performing party shall use its reasonable best efforts to remedy its inability to perform. The obligation to pay money in a timely manner is absolute and shall not be subject to the Force Majeure provisions, except to the extent prohibited by governmental rule or regulations other than rules or regulations incident to bankruptcy or insolvency proceedings of a party. Force Majeure shall mean an unforeseeable or unavoidable cause beyond the control and without the fault or negligence of a party (and, where the party is PPI, beyond the control and without the fault or negligence of any of its Affiliates) including, but not limited to, explosion, flood, war (whether declared or otherwise), accident, labor strike, or other labor disturbance, sabotage, acts of God, newly enacted legislation, newly issued orders or decrees of any Court or of any governmental agency. Notwithstanding anything in this Section to the contrary, the party to whom performance is owed but to whom it is not rendered because of any event of Force Majeure as contemplated in this Section 15.1 shall, after the passage of one hundred and twenty days, have the option to terminate this Agreement on thirty days prior written notice to the other party hereto. For greater certainty, the inability or failure of PPI to cause any of its respective Affiliates to comply with any of the provisions of this Agreement expressed to be applicable to its Affiliates or which require such party to cause the Affiliate to do or not to do something shall not be considered Force Majeure unless the Affiliate in question is unable to comply by reason of unforeseeable or unavoidable causes beyond the control and without the fault or negligence of such Affiliate.
Force Majeure Clauses. <PWO> shall not be held responsible for the delays/stoppage of work due to force majeure conditions like natural calamities, flood, fire, earth quake and other acts of God as well as war, military operations, blockade, acts or actions of acute authorities and for losses suffered, if any, by <Organization> on this account. <PWO> shall also not be able in any way to bear such losses and no compensation of any kind whatsoever will be payable by <PWO> to <Organization>. Suitable force majeure clause shall be incorporated in all the agreements entered in to by <PWO> with the contractors/agencies.
Force Majeure Clauses. If any party in this Agreement can not be met with force of the matters, to unable to perform all or part of this Agreement, the responsibility may be relieved for the following range, such as fire, flood, tsunami, earthquake, lightning, typhoons, cyclones, epidemics, explosions, machinery accidents, war, riots, sanctions, labor disputes or policy action of government, or indeed other non-human can be resisted. But the party has to get written notice of force majeure reason from the government or relevant organizations, and then fastest delivery until the other party to acknowledge receipt of the notification.
Force Majeure Clauses. In The Marine Star,58 the contract required the seller required to nominate the vessel. The seller nominated The Marine Star. Later that day he cancelled nomination but failed to renominate a substitute vessel. There was a force majeure clause in the c.i.f contract which provided that there would be no liability for any breach of contract due to an event beyond the sellerʹs control. The seller could not find a substitute vessel or cargo. The court held that the force majeure applied regarding the duty to nominate a vessel. However, substitution was a right not a duty and so was not covered by the clause. The problem resulted from the seller making a commercial choice to use the original nominated vessel and cargo to satisfy another contract. It would not have been impossible to fulfil the contract if the seller has so wished. The seller’s appeal,59 was refused. The plaintiff was able to receive damages for loss of profit, compensation paid to the next buyer and costs.. The plaintiff had sold the cargo on to Coastal Aruba. Coastal Aruba had arranged a substitute cargo and claimed compensation for breach of contract from the plaintiff. The plaintiff was able to recover the compensation paid to Coastal Aruba. Similarly, a Force majeure clause provided in Xxxxxxxxxx Xxxx x Xxxxxx,60 that there would be no liability if a breach of contract was due to causes beyond the sellerʹs control. The seller could have bought a cargo afloat and so avoided an export ban. Force majeure only applied if goods could not be shipped or purchased afloat within the contract period and not to a situation where a particular profitable source of cargo is not obtainable.
Force Majeure Clauses. 9.1. The Parties shall not be liable for non-performance or improper performance of the terms of the Agreement in case of force majeure.
