Common use of Force Majeure Defined Clause in Contracts

Force Majeure Defined. Neither Party shall be responsible for nonperformance of its contractual obligations (including, in the case of Contractor, late Delivery) due to Force Majeure. Force Majeure shall be any event beyond the reasonable control of the affected Party or its suppliers and Subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts of a government in its sovereign capacity (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts to establish work-around plans, payment of expedited fees, alternate sources, or other means; and (3) the affected Party must provide the other Party with written notice thereof as soon as possible but in no event later [***] after the occurrence of such an event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]. In the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, the occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract.

Force Majeure Defined. Neither As used herein, “Force Majeure” shall mean any act or event that (a) renders it impossible for the affected Party shall be responsible for nonperformance to perform its obligations under this Agreement; (b) is beyond the affected Party’s control and is not the result of its contractual obligations the fault or negligence of the affected Party; and (includingc) could not have been prevented or avoided by the affected Party through the exercise of due diligence, including but not limited to, the expenditure of reasonable amounts of money considering the scope of the service being provided. Subject to the satisfaction of the conditions set forth in the case of Contractorpreceding provision, late Delivery) due to Force Majeure. Force Majeure shall be include, without being limited to, the following acts or events: acts of God, including fires, explosions, earthquakes or volcanic eruptions, storms, floods, washouts and extreme cold or freezing weather; necessity for compliance with any event beyond court order, law, regulation or ordinance promulgated by any Governmental Instrumentality having jurisdiction, either federal, Indian, state or local, civil or military, and that is not the reasonable control result of the affected Party or Party’s noncompliance with its suppliers and Subcontractors and shall include, but not be limited to: (1) acts of Godobligations; (2) acts of a public enemy; wars and civil disturbances; strikes, lockouts or other industrial disturbances that are not due to the affected Party’s failure to comply with any labor contract. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the Party having the difficulty and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of an opposing party when such course is inadvisable in the discretion of the Party having the difficulty. Force Majeure shall not include any of the following events: (3A) acts economic difficulty, including the lack of a government in its sovereign capacity (including any action or inaction affecting the import or export of items)financial resources; (4B) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts to establish work-around plans, payment of expedited fees, alternate sources, or other meanschange in market economic conditions; and (3C) failures by any of the contractors of the affected Party must provide to perform their respective obligations, except when such event meets the requirements of Force Majeure as provided above. It is further understood and agreed that risks of regulatory disallowance or other Party with written notice thereof as soon as possible but in no event later [***] after the occurrence of such an event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials economic penalties shall not constitute a events of Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]. In the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, the occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this ContractMajeure.

Force Majeure Defined. Neither Party shall be responsible for nonperformance of its contractual obligations (including, in the case of Contractor, late Delivery) due to Force Majeure. Force Majeure " shall be any mean an event or circumstance beyond the reasonable control of the affected Party or its suppliers and Subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts of a government in its sovereign capacity (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without the fault or negligence of a the Party or its subcontractors hereunder; (2) claiming Force Majeure, which, despite the resulting delay exercise of reasonable diligence, cannot be circumvented or be caused to be prevented, avoided or removed by reasonable efforts such Party. Force Majeure shall include, to establish workthe extent consistent with the preceding sentence: an act of God; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; banditry; terrorist activity or a threat of terrorist activity which, under the circumstances, would be considered a precursor to actual terrorist activity; economic sanction or embargo; civil strike, work stoppage, slow-around plans, payment of expedited fees, alternate sourcesdown, or other meanslock-out that are of an industry or sector-wide nature and that are not directed solely or specifically at the affected Party; and explosion; fire; earthquake or seaquake; abnormal weather condition; hurricane; flood; lightning; high winds; drought; peril of the sea; the binding order of any Governmental Authority (3) provided that the affected Party must provide has in good faith considered reasonably contesting such order); the other Party with written notice thereof as soon as possible failure to act on the part of any Governmental Authority (provided that such action has been timely requested and diligently pursued); unavailability of equipment, supplies or products, but in no event later [***] after the occurrence of such an event. Notwithstanding anything only to the contrary extent caused by an event of circumstance of Force Majeure; and failure of equipment. With respect to the Seller, Force Majeure shall also include (to the extent beyond the reasonable control of and without the fault or negligence of Seller) any interruption in distribution service on FME's side of the foregoing, any failure by a Subcontractor Delivery Point. No Party shall be deemed to meet its obligations to Contractor, or any delay have suffered an event of Force Majeure due to labor shortages, defective tooling, transportation difficulties, the failure of equipment failure which that Party is responsible for operating or breakdowns, lockouts, maintaining unless the equipment has been operated and maintained in accordance with Good Utility Practice. Neither the lack of money nor changes in market conditions shall constitute an event of Force Majeure. perform or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize delayed in performing at: a) the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delayncement of such affect, [***]. In gives the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, the occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract.ithin forty-eight (48) hours after

Force Majeure Defined. Neither Party shall be responsible for late Delivery, delay of the final completion date or nonperformance of its contractual obligations (including, in the case of Contractor, late Delivery) due to Force Majeure. Force Majeure shall be any event beyond the reasonable control of the affected a Party or its suppliers and Subcontractors subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts actions or inactions of a government in its sovereign or contractual capacity (including any action or inaction affecting the import or export of itemsitems or obtaining or maintaining licenses or other approvals under Articles 6.3 (Licenses and Other Approvals), 6.5 (Communications Authorizations), 6.6 (Radio Frequency Coordination) and 6.7 (U.S. Government Encryption and Decryption Authorizations), other than due to a lack of due diligence, wrongful or negligent act or omission of Boeing or Customer as applicable); (4) war war, acts of terror and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) strikes, lockouts and other industrial disputes; (8) sabotage, riot and embargoesembargoes and; (9) other unforeseen and extraordinary events, which in every case are beyond the reasonable control and without the fault of the Party affected or its suppliers and subcontractors (“Force Majeure”). For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts Reasonable Efforts to establish work-around plans, payment of expedited fees, alternate sources, or other meansmitigate such delays; and (3) the affected Party must whose performance is delayed due to a Force Majeure event shall provide the other Party with written notice thereof as soon as possible but in no event later [***] than ten (10) Business Days after the occurrence of such Party’s performance is impacted by such an event. Notwithstanding anything to the contrary in the foregoing, : (i) Customer’s inability to pay any invoice when due hereunder shall not qualify for Force Majeure relief hereunder (except where such circumstance is itself caused by a Force Majeure event); and (ii) any failure by a Subcontractor subcontractor to meet its obligations to ContractorBoeing, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor Boeing from meeting any of its obligations under this Contract. The Parties Party affected by a Force Majeure event shall use reasonable efforts Reasonable Efforts to minimize the effect of any Force Majeure event. In the event a Party Boeing claims a Force Majeure event, such Party's Boeing’s written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]as well as a proposed work-around plan reasonably satisfactory to Customer. The work-around plan shall: (1) set forth Boeing’s Reasonable Efforts to mitigate the effect of any such Force Majeure event and include a schedule for such mitigation and (2) contain sufficient detail for Customer to be able to evaluate such plan. In the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, that the occurrence of a Force Majeure event shall in no event entitle Contractor Boeing to an increase in the price for the Work. Customer, however, shall pay to Boeing the Actual Costs reasonably expended on expedited fees by Boeing for Work completed pursuant to the work-around plan agreed to by Customer under this Article 13.1 (Force Majeure Defined). Any adjustment of time appropriate under this Article 13 (Excusable Delays) shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract. Customer acknowledges that following the end of an excusable delay event, Boeing shall resume full performance as soon as commercially practicable after the end of an excusable delay event, and the schedule of performance shall be deemed modified to reflect such recommencement of performance. Payment obligations of Customer shall be suspended only if and to the extent Boeing does not complete the Work associated with a Milestone.

Force Majeure Defined. Neither Party shall be responsible for nonperformance For the purposes of its contractual obligations (includingthis Master Agreement, in the case of Contractor, late Delivery) due to “Force Majeure. Force Majeure ” shall be mean any event or circumstance, whether or not foreseeable, beyond the reasonable control of the affected a Party or its suppliers and Subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts of a government in its sovereign capacity (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without the fault or negligence of a the Party affected thereby, and which event or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts to establish work-around planscircumstance, payment of expedited fees, alternate sources, or other means; and (3) the affected Party must provide the other Party with written notice thereof as soon as possible but in no event later [***] after the occurrence of such an event. Notwithstanding anything to the contrary in the foregoingexercise of reasonable diligence, any failure could not have been prevented or avoided by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]. In the event of a Force Majeure that affects Seller’s performance with respect to Deliveries from a source and if an additional source(s) is/are identified in the applicable Transaction Confirmation, then to the extent that Seller has quantities of Fuel from such additional source(s) that are uncommitted as of the date of the Force Majeure event, then Seller shall mitigate the Delivery requirement shall be extended for effects of the Force Majeure by making Deliveries from such period as alternative source(s). Examples (without limitation and without application of the doctrine of ejusdem generis) of Force Majeure are the following, but only if and to the extent that (a) such event or circumstance is supported beyond the reasonable control of the Party affected, (b) such event or circumstance occurs without the fault or negligence of the Party affected, and (c) such event or Execution Set circumstance, in the exercise of reasonable diligence, could not have been prevented or avoided by the evidence providedParty affected: acts of God, adverse geologic or mining conditions, war. riots, civil insurrection, acts of the public enemy, strikes, lockouts, natural disasters, breakdown or damage to Seller’s longwall mining equipment or Buyer’s coal unloading system equipment, transportation delays, or other causes whether of a similar or dissimilar nature. For all purposes of this Master Agreement, the term Force Majeure shall also include Buyer’s voluntary or involuntary reduction or elimination of its use of Fuel that is to be purchased under this Master Agreement as a result of any federal, state or other governmental law, regulation or order, or interpretation thereof, not applied to Buyer as of the date of execution, but which is enforced or imposed upon, or becomes applicable to, Buyer(a “Newly Applied Requirement”) after execution of the relevant Confirmation,: (1) regarding the purchase, sale, burning, or use of Fuel to be transported under this Master Agreement, or the reduction of emission limitations or the sulfur, NOX (NO and NO2). mercury or other chemical content of the Fuel to be burned at any facility of Buyer or any of its Affiliates below the standard deemed in effect on the Effective Date; providedor (2) relating to the sulfur, NOX (NO and NO2), mercury or other chemical content of the Fuel and/or stack emission limitations at facility of Buyer (including, without limitation, the Clean Air Act Amendments of 1990) and which prevents Buyer from burning the quality of Coal from the Source, or imposes restrictions that cannot be reasonably overcome without significant capital or operational changes, provided however, such reduction or elimination is the occurrence result of a commercially reasonable judgment to comply with the Newly Applied Requirement. Force Majeure event shall does not include: (i) the loss of Buyer’s markets; (ii) a change in no event entitle Contractor market conditions including, without limitation, the ability of Seller to an increase in sell Fuel at a higher price; (iii) Seller’s inability to economically produce or obtain the price for Fuel; (iv) the Work. Any adjustment ability of time appropriate under this Article shall be formalized promptly by Buyer or Buyer’s Customer to buy Fuel at a lower price, whether or not foreseeable; (v) regulatory or contractual disallowance of the execution pass-through of a mutually acceptable amendment to this Contractthe costs of Fuel or other related costs; (vi) the development or existence of economic conditions that may adversely affect the anticipated profitability of the mining activities of Seller hereunder or of Buyer’s operations; or (vii) reduced productivity of labor.

Force Majeure Defined. Neither Party Any delay or failure in the performance of a Party’s obligations under this Contract shall be responsible for nonperformance excused, and such Party will not be liable for, or be in default for, such delay or non-performance, if the cause of its contractual obligations (includingthe delay or non-performance is, in whole or in part, beyond such Party’s reasonable control and without the case negligence of such Party (or its Subcontractors at any tier). Purchaser acknowledges that following the end of an excusable delay event, Contractor shall resume full performance as soon as commercially practicable after the end of an excusable delay event, and the schedule of performance shall be deemed modified to reflect such recommencement of performance. Payment obligations of Purchaser shall be suspended only for the portion of Contractor’s performance of Work affected by the excusable delay. If the affected Party is the Purchaser, late Delivery) due to payment obligations of Purchaser shall not be suspended, except if such payment is prevented by the Force Majeure, in which case the Contractor shall be entitled to stop the Work under this Contract and the provisions of Article 22.2 shall apply. If the foregoing Force Majeure event affecting the Purchaser extends for [***…***] months or more, Contractor shall be entitled to terminate the Contract in accordance with the provisions of Article 16.2. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Iridium / Thales Alenia Space Confidential & Proprietary Force Majeure shall be any event beyond the reasonable control of the affected Party or its suppliers and Subcontractors and shall include, include but are not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts or omissions of a government or government bodies in its sovereign capacity and not contractual capacity (including the inability to obtain and/or the suspension, withdrawal, or non-renewal of export or import licenses required for the performance of the Contract following the exhaustion of any action administrative or inaction affecting the import statutory relief or export of itemsappeal provision relating thereto); (4) war (declared or undeclared) and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or and (7) sabotage, riot riots, terrorist acts, theft and embargoes; or (8) strikes, labor and industrial disputes, failures or interruptions in essential services or equipment (e.g., electrical power, telecommunications, fuels, water) and transportation failures (only to the extent such events are not caused by an act, omission or failure to act of Contractor or its Affiliates) (“Force Majeure”). If a delay or failure in the performance of a Party’s obligations under this Contract is due to either Party or their subcontractor receiving a U.S. government DO or DX rated order (as such terms are defined by the U.S. Department of Defense Priorities and Allocations System or pursuant to 15 C.F.R. Part 700) for work other than that to be performed under this Contract, such delay will be considered as a Force Majeure pursuant to the terms of this Article 16. For the avoidance of doubt, any delay due to a DO or DX rated order issued before or after EDC where the specific impact is known by the relevant Party or its relevant subcontractor at the time of EDC will not be considered Force Majeure. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; and (2) the resulting delay cannot be circumvented by reasonable efforts Party whose performance is delayed due to establish work-around plans, payment of expedited fees, alternate sources, or other means; and (3) the affected Party must a Force Majeure event shall provide the other Party with written notice thereof as soon as possible but in no event later than [***…***] Business Days after the occurrence a Force Majeure event shall have commenced or such notifying Party knows of such an Force Majeure event, whichever is earlier. Such notice shall also be given at the termination of the Force Majeure event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties Party affected by a Force Majeure event shall use reasonable efforts to minimize the effect of any Force Majeure event. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Iridium / Thales Alenia Space Confidential & Proprietary In the event a Party Contractor claims a Force Majeure event, such Party's Contractor’s written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]to the best knowledge of Contractor, as well as a proposed work-around plan reasonably satisfactory to Purchaser, to the best knowledge of Contractor at the time. The work-around plan shall: (1) set forth Contractor’s reasonable efforts to mitigate the effect of any such Force Majeure event, if possible, and include a schedule for such mitigation and (2) contain sufficient detail for Purchaser to be able to evaluate such plan. Contractor shall periodically and promptly update such written notice and work-around plan to Purchaser as additional information relating to the Force Majeure event becomes known to it. In the event of a Force Majeure event, the Parties shall evaluate the nature and severity thereof and reasonably agree to any modification of the, Delivery requirement shall be extended for such period requirements under this Contract as is supported by the evidence provided; providedrelevant evidence, facts and circumstances. Provided, however, that for a Force Majeure event occurring following the Critical Design Review Milestone specified in the Statement of Work, the Contractor, at its option, shall be granted a minimum of [***…***] days extension for the Delivery of any Deliverable Items hereunder for each day of effective Force Majeure. The occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract.

Force Majeure Defined. Neither Party shall be responsible for late Delivery, delay of the final completion date or nonperformance of its contractual obligations (including, in the case of Contractor, late Delivery) due to Force Majeure. Force Majeure shall be any event beyond the reasonable control of the affected a Party or its suppliers and Subcontractors subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts actions or inactions of a government in its sovereign or contractual capacity (including any action or inaction affecting the import or export of itemsitems or obtaining or maintaining licenses or other approvals under Articles 6.3 (Licenses and Other Approvals), 6.5 (Communications Authorizations), 6.6 (Radio Frequency Coordination) and 6.7 (U.S. Government Encryption and Decryption Authorizations), other than due to a lack of due diligence, wrongful or negligent act or omission of Boeing or Customer as applicable); (4) war war, acts of terror and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) strikes, lockouts and other industrial disputes; (8) sabotage, riot and embargoesembargoes and; (9) other unforeseen and extraordinary events, which in every case are beyond the reasonable control and without the fault of the Party affected or its suppliers and subcontractors (“Force Majeure”). INFORMATION IN THIS AGREEMENT. THIS INFORMATION HAS BEEN REDACTED AND DENOTED BY ASTERISKS (***). COPIES OF THE EXHIBIT CONTAINING THE REDACTED PORTIONS HAVE BEEN FILED SEPARATELY WITH THE COMMISSION SUBJECT TO A REQUEST FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts Reasonable Efforts to establish work-around plans, payment of expedited fees, alternate sources, or other meansmitigate such delays; and (3) the affected Party must whose performance is delayed due to a Force Majeure event shall provide the other Party with written notice thereof as soon as possible but in no event later [***] than ten (10) Business Days after the occurrence of such Party’s performance is impacted by such an event. Notwithstanding anything to the contrary in the foregoing, : (i) Customer’s inability to pay any invoice when due hereunder shall not qualify for Force Majeure relief hereunder (except where such circumstance is itself caused by a Force Majeure event); and (ii) any failure by a Subcontractor subcontractor to meet its obligations to ContractorBoeing, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor Boeing from meeting any of its obligations under this Contract. The Parties Party affected by a Force Majeure event shall use reasonable efforts Reasonable Efforts to minimize the effect of any Force Majeure event. In the event a Party Boeing claims a Force Majeure event, such Party's Boeing’s written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]as well as a proposed work-around plan reasonably satisfactory to Customer. The work-around plan shall: (1) set forth Boeing’s Reasonable Efforts to mitigate the effect of any such Force Majeure event and include a schedule for such mitigation and (2) contain sufficient detail for Customer to be able to evaluate such plan. In the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, that the occurrence of a Force Majeure event shall in no event entitle Contractor Boeing to an increase in the price for the Work. Customer, however, shall pay to Boeing the Actual Costs reasonably expended on expedited fees by Boeing for Work completed pursuant to the work-around plan agreed to by Customer under this Article 13.1 (Force Majeure Defined). Any adjustment of time appropriate under this Article 13 (Excusable Delays) shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract. Customer acknowledges that following the end of an excusable delay event, Boeing shall resume full performance as soon as commercially practicable after the end of an excusable delay event, and the schedule of performance shall be deemed modified to reflect such recommencement of performance. Payment obligations of Customer shall be suspended only if and to the extent Boeing does not complete the Work associated with a Milestone.

Force Majeure Defined. Neither Party Contractor shall not be responsible for late Delivery or delay of the final completion date or nonperformance of its contractual obligations (including, in the case of Contractor, late Delivery) due to Force Majeure. Force Majeure shall be any event beyond the reasonable control of the affected Party Contractor or its suppliers and Subcontractors subcontractors and shall include, include but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts of a government in its sovereign capacity or subject to the DPAS regulations (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) actions taken in response to GIDEP direction concerning technical problems generally affecting the telecommunications industry; and (8) sabotage, riot and embargoes. (“Force Majeure”). For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts Reasonable Efforts to establish work-around plans, payment of expedited fees, alternate sources, or other means; and (3) the affected Party Contractor must provide the other Party Purchaser with written notice thereof as soon as possible but in no event later [***] than within ten (10) Business Days after the occurrence of Contractor’s performance hereunder is impacted by such an event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties Contractor shall use reasonable efforts Reasonable Efforts to minimize the effect of any Force Majeure event. In the event a Party Contractor claims a Force Majeure event, such Party's Contractor’s written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]as well as a proposed work-around plan reasonably satisfactory to Purchaser. The work-around plan shall: (1) set forth Contractor’s Reasonable Efforts to mitigate the effect of any such Force Majeure event and include a schedule for such mitigation; and (2) contain sufficient detail for Purchaser to be able to evaluate such plan. If appropriate, such work-around plan shall use work-around schedules, payment of expedited fees, twenty four (24) hour SS/L-TP20701 ViaSat Contract Use or disclosure of the data and information contained on this sheet is subject to the restriction on the title page. operations, and the use of alternate Subcontractors (to be approved by Purchaser if required under this Contract). In the event of a Force Majeure event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, the occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this Contract.

Force Majeure Defined. Neither Party shall be responsible for nonperformance For the purposes of its contractual obligations (includingthis Master Agreement, in the case of Contractor, late Delivery) due to “Force Majeure. Force Majeure ” shall be mean any event or circumstance, whether or not foreseeable, beyond the reasonable control of the affected a Party or its suppliers and Subcontractors and shall include, but not be limited to: (1) acts of God; (2) acts of a public enemy; (3) acts of a government in its sovereign capacity (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without the fault or negligence of a the Party affected thereby, and which event or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts to establish work-around planscircumstance, payment of expedited fees, alternate sources, or other means; and (3) the affected Party must provide the other Party with written notice thereof as soon as possible but in no event later [***] after the occurrence of such an event. Notwithstanding anything to the contrary in the foregoingexercise of reasonable diligence, any failure could not have been prevented or avoided by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delay, [***]. In the event of a Force Majeure that affects Seller’s performance with respect to Deliveries from a source and if an additional source(s) is/are identified in the applicable Transaction Confirmation, then to the extent that Seller has quantities of Fuel from such additional source(s) that are uncommitted as of the date of the Force Majeure event, then Seller shall mitigate the Delivery requirement shall be extended for effects of the Force Majeure by making Deliveries from such period as alternative source(s). Examples (without limitation and without application of the doctrine of ejusdem generis) of Force Majeure are the following, but only if and to the extent that (a) such event or circumstance is supported beyond the reasonable control of the Party affected, (b) such event or circumstance occurs without the fault or negligence of the Party affected, and (c) such event or circumstance, in the exercise of reasonable diligence, could not have been prevented or avoided by the evidence providedExecution Set Party affected: acts of God, adverse geologic or mining conditions, war. riots, civil insurrection, acts of the public enemy, strikes, lockouts, natural disasters, breakdown or damage to Seller’s longwall mining equipment or Buyer’s coal unloading system equipment, transportation delays, or other causes whether of a similar or dissimilar nature. For all purposes of this Master Agreement, the term Force Majeure shall also include Buyer’s voluntary or involuntary reduction or elimination of its use of Fuel that is to be purchased under this Master Agreement as a result of any federal, state or other governmental law, regulation or order, or interpretation thereof, not applied to Buyer as of the date of execution, but which is enforced or imposed upon, or becomes applicable to, Buyer(a “Newly Applied Requirement”) after execution of the relevant Confirmation,: (1) regarding the purchase, sale, burning, or use of Fuel to be transported under this Master Agreement, or the reduction of emission limitations or the sulfur, NOX (NO and NO2). mercury or other chemical content of the Fuel to be burned at any facility of Buyer or any of its Affiliates below the standard deemed in effect on the Effective Date; providedor (2) relating to the sulfur, NOX (NO and NO2), mercury or other chemical content of the Fuel and/or stack emission limitations at facility of Buyer (including, without limitation, the Clean Air Act Amendments of 1990) and which prevents Buyer from burning the quality of Coal from the Source, or imposes restrictions that cannot be reasonably overcome without significant capital or operational changes, provided however, such reduction or elimination is the occurrence result of a commercially reasonable judgment to comply with the Newly Applied Requirement. Force Majeure event shall does not include: (i) the loss of Buyer’s markets; (ii) a change in no event entitle Contractor market conditions including, without limitation, the ability of Seller to an increase in sell Fuel at a higher price; (iii) Seller’s inability to economically produce or obtain the price for Fuel; (iv) the Work. Any adjustment ability of time appropriate under this Article shall be formalized promptly by Buyer or Buyer’s Customer to buy Fuel at a lower price, whether or not foreseeable; (v) regulatory or contractual disallowance of the execution pass-through of a mutually acceptable amendment to this Contractthe costs of Fuel or other related costs; (vi) the development or existence of economic conditions that may adversely affect the anticipated profitability of the mining activities of Seller hereunder or of Buyer’s operations; or (vii) reduced productivity of labor.

Force Majeure Defined. Neither Party Except as expressly provided in this Section 11.1, neither BAMAGAS nor CES shall be responsible for nonperformance required to perform any act required by this Agreement, other than the making of its contractual obligations payment of monies due hereunder (including, without limitation, the Initial Term Demand Charge and the Renewal Term Demand Charge), during such period as such Party is unable to perform in the case of Contractor, late Delivery) whole or in part due to Force Majeure. The term “Force Majeure Majeure” as used in this Agreement shall be mean any event acts of God, strikes, lockouts, embargoes, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or failure of or accident to machinery and equipment or lines of pipe caused by events or actions beyond the affected Party’s reasonable control, unanticipated repairs to or replacements of equipment, machinery, lines of pipe, pumps, compressors, valves, gauges, and metering equipment, line freeze-ups, the binding order of any court or Governmental Authority which has been resisted in good faith by all reasonable legal means, and any other cause, of the kind herein enumerated, not within the control of the affected Party claiming suspension and which by the exercise of due diligence such Party is unable to prevent or its suppliers and Subcontractors and overcome. A failure to settle or prevent any strike or other controversy with employees or with anyone purporting or seeking to represent employees shall include, but not be limited to: (1) acts of God; (2) acts of considered to be a public enemy; (3) acts of a government in its sovereign capacity (including any action or inaction affecting the import or export of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond matter within the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by reasonable efforts to establish work-around plans, payment of expedited fees, alternate sources, or other means; and (3) the affected Party must provide the other Party with written notice thereof as soon as possible but in no event later [***] after the occurrence of such an event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure event. In the event a Party claims a Force Majeure event, such Party's written notice called for above shall include a detailed description of the portion of the Work (or other obligations) known to be affected by such delayParty claiming suspension; however, [***]. In in the event of a Force Majeure due to a strike or similar labor dispute, CES shall have the right to utilize its own employees or contract workers to operate the Pipeline during such event, the Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, that BAMAGAS shall not be liable under this Agreement or otherwise for the occurrence acts or omissions of CES’ employees or its contractors in connection with their operation of the Pipeline and/or the BAMAGAS Lateral(s), nor shall BAMAGAS be held in breach of any covenant or other obligation to CES under this Agreement by reason of any acts or omissions of CES’ employees or its contractors in connection with their operation of the Pipeline and/or the BAMAGAS Lateral(s). Except as provided in the immediately preceding sentence, such operation of the Pipeline by CES’ employees or its contractors shall not impair any rights that CES may have under this Agreement. Routine maintenance which will result in the curtailment or interruption of transportation of Gas to the Point(s) of Delivery if scheduled by mutual consent of the Parties, which consent shall not be unreasonably withheld by the affected Party, shall be deemed to operate as a Force Majeure event except for the payment of the Initial Term Demand Charge or the Renewal Term Demand Charge. Causes or contingencies affecting the performance of this Agreement by either Party if deemed to be Force Majeure within the meaning of this Agreement, however, shall in no event entitle Contractor not relieve the affected Party of its obligation to an increase perform in the price for event of such Party’s failure to use due diligence to remedy the Worksituation and remove the cause in an adequate manner and with all reasonable dispatch, nor shall such causes or contingencies relieve either Party of its obligation to perform unless such Party gives notice and full particulars of the same in writing to the other Party as soon as practicable after the initial occurrence relied on. Any adjustment of time appropriate under Except as expressly provided in this Article Section 11.1 or elsewhere in this Agreement, neither Party shall be formalized promptly liable to the other for damages, direct or indirect, immediate or remote, by reason of, caused by or arising out of the execution obligation or obligations of a mutually acceptable amendment to this Contracteither Party when such suspension results from an event of Force Majeure.

Force Majeure Defined. Neither Party shall be responsible for nonperformance of its contractual obligations The term "force majeure" means an event that (including, in i) was not within the case of Contractor, late Delivery) due to Force Majeure. Force Majeure shall be any event beyond the reasonable control of the affected Party claiming its occurrence; and (ii) could not have been prevented or its suppliers and Subcontractors and shall avoided by such Party through the exercise of due diligence. Events of force majeure include, but not be limited to: (1) without limitation by enumeration, acts of God; (2) lightning, hurricanes or storms, hurricane or storm warnings which in CUSA's judgment require and result in the precautionary shut-down or evacuation of production facilities; earthquakes, epidemics, fires, floods, landslides, washouts, freezing of xxxxx or lines of pipe used to supply Committed Gas under this Agreement and other similar severe natural calamities; acts of a public enemy; (3) acts wars; blockades; insurrections; riots; civil disturbances and arrests; strikes, lockouts or other industrial disturbances; explosions, breakage, accidents to xxxxx, equipment, facilities or lines of pipe used to enable CUSA to deliver or NGC to receive Committed Gas under this Agreement; events of force majeure declared by transporting pipelines; imposition by a regulatory agent, court or other governmental authority having jurisdiction of binding laws, conditions, limitations, orders, rules or regulations that prevent or prohibit either Party from performing, provided such governmental action has been resisted in good faith by all reasonable legal means; or any other cause of a government similar type. The Parties recognize that NGC is not required by this Agreement to utilize firm transportation to receive Committed Gas from CUSA at each Delivery Point, but it is the intent of both Parties that transportation or sales arrangements downstream of the Delivery Points be made by NGC in its sovereign capacity such a manner that the possibility of a curtailment of Committed Gas due to curtailment of interruptible transportation or recall of acquired transportation be minimized. In addition to the foregoing events of force majeure, the loss, interruption or curtailment (including any action or inaction affecting the import or export collectively "curtailment") of items); (4) war and warlike events; (5) catastrophic weather conditions such as hurricanes, tornadoes and typhoons; (6) fire, earthquakes, floods, epidemics, quarantine restrictions; or (7) sabotage, riot and embargoes. For transportation downstream of a Delivery Point shall constitute an event to qualify for Force Majeure relief hereunder: (1) the event must be beyond the control and without fault or negligence of a Party or its subcontractors hereunder; (2) the resulting delay cannot be circumvented by force majeure provided that NGC exercises reasonable efforts to establish work-around plans, payment of expedited fees, alternate sourcesarrange alternative transportation, or other means; and (3) the affected Party must provide resumption of the other Party with written notice thereof curtailed transportation arrangements, as soon as possible but in no event later [***] after following its discovery of the occurrence curtailment of such an event. Notwithstanding anything to the contrary in the foregoing, any failure by a Subcontractor to meet its obligations to Contractor, or any delay due to labor shortages, defective tooling, transportation difficulties, equipment failure or breakdowns, lockouts, or inability to obtain materials shall not constitute a Force Majeure event (except where such circumstance is itself caused by a Force Majeure event), and shall not relieve Contractor from meeting any of its obligations under this Contract. The Parties shall use reasonable efforts to minimize the effect of any Force Majeure eventdownstream transportation. In the event a Party claims a Force Majeure that event, such Party's written notice called for above shall include NGC will consult with CUSA and endeavor to agree upon a detailed description plan of the portion action to avoid further curtailment of the Work (or other obligations) known to be affected by such delay, [***]. In the event of a Force Majeure event, the Committed Gas from that Delivery requirement shall be extended for such period as is supported by the evidence provided; provided, however, the occurrence of a Force Majeure event shall in no event entitle Contractor to an increase in the price for the Work. Any adjustment of time appropriate under this Article shall be formalized promptly by the execution of a mutually acceptable amendment to this ContractPoint.