ACT OF GOD AND FORCE MAJEURE. 7.1. Neither of the parties can be held liable for failure to fulfill the obligations under this agreement if such failure is caused by force majeure or an act of God, under article 393 of the Brazilian Civil Code. [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission.
7.2. The applicability of this agreement will be suspended if there is an event of force majeure or an act of God that impedes its fulfillment by either of the parties, with its performance continuing as soon as the cause that gave rise to the suspension ends.
7.3. If the suspension mentioned in item 7.2 above occurs, the effective term of this agreement will be automatically extended by the time necessary to compensate for the period during which performance of the agreement was suspended.
ACT OF GOD AND FORCE MAJEURE. 11.1 The enforceability of this Agreement will be suspended due to force majeure or Act of God that prevents its performance by any of the Parties. Performance hereof will be resumed as soon as the event that caused the suspension of its enforceability ceases to exist.
11.2 In the event of the abovementioned suspension, the term hereof will be automatically extended for the time required to offset the time of suspension of enforceability.
11.3 Once the suspension has ended, this Agreement will be automatically terminated in the event of breach of any of the obligations hereby assumed by the Parties, and the fine set forth in Item 10.3 and subitem 10.3.1 hereof will be applied to the breaching party.
ACT OF GOD AND FORCE MAJEURE. If any of the PARTIES is temporarily prevented from fulfilling its obligations in full or in part, as a consequence of an act of God or of force majeure, it shall communicate the fact immediately to the other ones and ratify the communication in writing, informing the damaging effects of the event and the expected duration thereof. The affected PARTY shall resume performance as soon as reasonably possible.
ACT OF GOD AND FORCE MAJEURE. If the BUYERS or their contracted parties, be impede of having total or partial access to the tracts of land covered by the MINERAL RIGHTS, as well as to the development of the PROGRAM, as a consequence of an Act of God or Force Majeure, as provided in Article 393 of the NCC (New Brazilian Civil Code), compliance of the liabilities and payments to be made by the BUYERS will be suspended.
ACT OF GOD AND FORCE MAJEURE. 8.3.1 For purposes of this Agreement force majeure or Act of God are those events which cause cannot be attributable to any of the parties, being extraordinary, unforeseeable and overwhelming and that even being foreseeable are beyond any reasonable control preventing the performance of the obligation or determining its partial, delayed or defective compliance, during a term no longer than fifteen (15) days. By way of illustration but not limited to it, are events of force majeure the national and regional strikes, the Act of God and of law, provisions, mandates, instructions or resolutions of the government or governmental entities limiting the development of the works in the areas foreseen in this Agreement or the access to said areas, judicial decisions and resolutions of any kind or hierarchy whatsoever; diminishing, suspending or stopping of the assessment or exploration works as a result of the limitation of the right of way or access to the MINING RIGHTS; acts of war, whether declared or not, terrorism, subversive actions, riots or civil war, disorders, insurrection or rebellion, fire, explosions, earthquakes, natural disasters, storms, flooding, drought, adverse climatic conditions except those deemed as normal. Financial reasons may not be alleged as an event of force majeure.
8.3.2 The obligations contained in this Agreement may be suspended by Acts of God or force majeure duly notified by LUMINA. This Notice shall include the nature of the fact or act, the reason and the approximated term of the suspension.
8.3.3 Once the event that caused the suspension of this agreement by force majeure or Act of God has ceased, LUMINA shall do all whatever is reasonable to reassume its obligations in a term no longer than 90 days. At the end of this term, unless LUMINA shows that the fact that caused the suspension still subsists, the suspension of the agreement will terminate and the counting of term of this agreement will automatically reinitiate. In case LUMINA shows that the event that caused the suspension has lasted for more than 90 calendar days and for the case the event that caused the force majeure or Act of God will last for a longer term which is not known; both parties agree that the agreement will be suspended for a maximum of one (01) year, and the term of the agreement will be extended for the same period at LUMINA´s request. However, in the case that the event that causes the suspension occurs after LUMINA has disbursed the US$400,000 (four h...
ACT OF GOD AND FORCE MAJEURE. The Parties shall not be held responsible for any delays in their respective obligations that arise from situations considered as "Acts of God" or "Force Majeure", under the terms of Art. 393 of Law No. 10406, of January 10, 2002 (the “Civil Code”).
ACT OF GOD AND FORCE MAJEURE. The Joint Obligors undertake to comply with their payment obligations, even in the presence of acts of God or force majeure. In the case of other obligations under the Finance Documents, the Joint Obligors may negotiate the special conditions applicable to the performance of such obligations, which conditions shall be in force only for the time that the act of God or force majeure continues, or the time strictly necessary for the Joint Obligors to perform the acts that allow them to fulfill their obligations, in the manner and terms set forth in this Agreement and other Finance Documents.
ACT OF GOD AND FORCE MAJEURE. 7.1. Neither of the parties can be held liable for failure to fulfill the obligations under this agreement if such failure is caused by force majeure or an act of God, under article 393 of the Brazilian Civil Code.
7.2. The applicability of this agreement will be suspended if there is an event of force majeure or an act of God that impedes its fulfillment by either of the parties, with its performance continuing as soon as the cause that gave rise to the suspension ends.
7.3. If the suspension mentioned in item 8.2 occurs, the effective term of this agreement will be automatically extended by the time necessary to compensate for the period during which performance of the agreement was suspended.
7.4. When the suspension period mentioned in item 8.2 below ends, if the breach of any of the obligations assumed here by the parties occurs, this agreement will be automatically rescinded, with the application of the penalties provided for in this instrument against the party in breach, with the terms of section 7.3 being observed.
ACT OF GOD AND FORCE MAJEURE. The Parties shall not be liable for damages resulting from acts of God or force majeure, pursuant to Article 393, sole paragraph, of the Brazilian Civil Code. For the purposes set forth herein, the Party affected by the event shall: (i) communicate the fact to the other Party, in writing, within ten (10) days as from occurrence or beginning thereof, providing details about the event: and (ii) prove to the other Party that the alleged fact actually contributed to the breach of the obligation. No unforeseeable circumstances or force majeure shall exempt the Party from any of its obligations due prior to the occurrence of the respective event or which were created before it, although they prevail during or after the event of unforeseeable circumstances or force majeure. The Party that acted with fault, concurrently or prior to the event, cannot claim the exception of force majeure or act of God. The Parties agreed that the following events shall be deemed acts of God or force majeure events: (i) delays caused by strikes of its employees and/or national strikes or by a union class; (ii) abnormal weather conditions or natural disasters that affect the activities of the Parties (including earthquake, landslide, fire, flood or inundation, typhoon or cyclone, hurricane, storm, lightning); (iii) economic conditions or significant increase in the costs of materials or products of the CONTRACTOR; (iv) unavailability of transportation that prevents deliveries by the CONTRACTOR: (v) war, hostilities or war operations, invasion or civil war that affect the activities of the CONTRACTOR; (vi) rebellion, revolution, insurrection, mutiny, the usurpation of the civil or military government, conspiracy, civil commotion or terrorist acts that affect the activities of the Parties; (vii) confiscation, nationalization, mobilization, commanding or requisition by or under the order of any government or authority under the law or on the side that have an impact on the activities of the CONTRACTOR; (viii) sabotage, lock-out, restrictions on imports, epidemics or quarantine that cause an impact on the CONTRACTOR’S activities. Upon the occurrence of any force majeure event, the affected Party shall use reasonable efforts to continue to comply with its obligations under this Agreement to the extent that it is reasonably practicable and shall, during the period of that force majeure event, protect and guarantee the obligations in the form required by the other Party.
ACT OF GOD AND FORCE MAJEURE. The application of this Agreement shall be suspended in the event of a force majeure or act of God that prevents its fulfillment by any of the parties. The Agreement fulfillment shall resume as soon as the cause that led to its suspension ceases.
