Common use of Act of God or Force Majeure Clause in Contracts

Act of God or Force Majeure. If any of the Parties cannot fulfill any of its obligations under this Agreement owing to Acts of God or Force Majeure, pursuant to the sole paragraph of Article 393 of the Civil Code, this Agreement shall remain in force, provided that the Party affected by said event shall not be liable for the consequences of its default solely and exclusively while said event lasts and in proportion to the effects of said event, except as provided below. 12.1. Either Party may rescind this Agreement if an Act of God or Force Majeure occurs that prevents its performance, by either Party, for a period exceeding sixty (60) calendar days, without any Party having the right to claim against the other any loss or damage or any penalty provided for in this Agreement. 12.2. No Act of God or Force Majeure event shall exempt the affected Party from any of its obligations due before or after the occurrence of the respective event or that have arisen before it, even if they expire over or after the event of Act of God or Force Majeure. 12.3. Parties hereby acknowledge that the following events will not be considered as Acts of God or Force Majeure for the purposes of this Agreement: (i) problems and/or economic-financial difficulties of either Party, including the reduction of power consumption by the PURCHASER; (ii) any consequences arising from noncompliance with laws; (iii) insolvency, dissolution, bankruptcy, reorganization, extinction, or similar event of a PARTY or of Third Party; (iv) strikes and/or work interruptions or measures having a similar effect, of employees and contractors of either Party and/or their subcontractors, accordingly; (v) CCEE’s refusal to proceed with the accounting and/or settlement of this Agreement, caused by proven action or omission of either Party; (vi) fluctuations in PLD established by CCEE for the valuation of transactions traded in the short-term market, as well as changes in its calculation methodology and/or the maximum PLD and minimum PLD thresholds; and (vii) the failure of either Party to obtain any necessary authorization from a governmental authority.

Act of God or Force Majeure. If Neither Buyer nor Seller shall be liable for any damages, losses, claims or demands of the Parties cannot fulfill any nature whatsoever arising out of delay or failure to perform any of its obligations under this the Agreement owing attributable to Acts Act of God or Force Majeure, pursuant Majeure (any act or event which makes it impossible for the affected party to perform its obligations under the sole paragraph of Article 393 Agreement if such act or event is beyond the reasonable control of the Civil Codeaffected party, this including, but not limited to, the following cases or any similar one that prevents the affected party from performing its obligations under the Agreement shall remain (i) natural phenomena such as epidemics, pandemics, storms, floods, lightning, earthquakes and fires; (ii) wars (declared or undeclared), civil disturbances, riots, insurrections, sabotage, terrorist acts; (iii) transportation disasters, whether by sea, rail, air or land; (iv) strikes or other labor disputes not arising out of breach of any labor contract by the affected party; (v) acts or omissions of a Mexican governmental authority not voluntarily induced or promoted by the affected party or arising out of any breach of its obligations, including any change in forceLaws; (vi) failure in the mechanical or chemical functions of equipment normally used by Seller in the manufacture, handling or supply of Product, or internally produced intermediary products used in the manufacture of Product); and (vii) delay in obtaining or failure to supply raw materials, fuel, electricity, gas or other services necessary for the manufacture of the Product in sufficient quantities; provided that the Party affected by said event shall not party declaring itself to be liable for the consequences of its default solely and exclusively while said event lasts and in proportion to the effects of said event, except as provided below. 12.1. Either Party may rescind this Agreement if an Act of God or Force Majeure occurs that prevents its performance, by either Party, for a period exceeding sixty (60) calendar days, without any Party having the right shall have given written notice to claim against the other any loss party (i) within a term not exceeding seven (7) days after becoming aware of such event, specifying the details and the approximate duration thereof and (ii) in a timely manner, once the party is no longer prevented from performing its obligations hereunder as a result of the Act of God or damage or any penalty provided for in this Agreement. 12.2Force Majeure. No In addition, the party alleging Act of God or Force Majeure event shall exempt must make efforts to remedy or mitigate the affected Party from any of its obligations due before or after the occurrence effects of the respective event or that have arisen before it, even if they expire over or after the event of Act of God or Force Majeure. 12.3. Parties hereby acknowledge It is expressly understood that Act of God or Force Majeure shall not include any of the following events will events: (1) economic hardship; (2) change in market conditions; or (3) delay i n the delivery of machinery, equipment, materials or spare parts, provided that such delay has not been caused by an Act of God or Force Majeure. Neither party shall be considered as bound to settle claims or disputes with employees; nor shall Buyer be excused from payment of amounts past due or which are in compliance with Seller's credit terms. Amounts affected by Acts of God or Force Majeure for sha ll be omitted from the purposes of this Agreement: (i) problems and/or economic-financial difficulties of either Party, including Agreement without affecting the reduction of power consumption by term thereof. In the PURCHASER; (ii) any consequences arising from noncompliance with laws; (iii) insolvency, dissolution, bankruptcy, reorganization, extinction, or similar event of a PARTY reduction in the production of Product as a result of an Act of God or Force Majeure, Seller shall have the right to apportion its production among its internal or external customers on such terms as it deems and considers appropriate. In the event Seller acquires any quantity of Third Party; (iv) strikes and/or work interruptions Product while in an Act of God or measures having a similar effectForce Majeure, Seller may use or distribute such Product at its sole discretion, without obligation to supply any quantity of employees and contractors of either Party and/or their subcontractors, accordingly; (v) CCEE’s refusal Product to proceed with the accounting and/or settlement of this Agreement, caused by proven action or omission of either Party; (vi) fluctuations in PLD established by CCEE Buyer. Under no circumstances shall Seller be bound to obtain Product for the valuation supply hereunder that has not been delivered due to an Act of transactions traded in the short-term market, as well as changes in its calculation methodology and/or the maximum PLD and minimum PLD thresholds; and God or Force Majeure. (vii) the failure of either Party to obtain any necessary authorization from a governmental authority.b)

Act of God or Force Majeure. If Neither Buyer nor Seller shall be liable for any damages, losses, claims or demands of the Parties cannot fulfill any nature whatsoever arising out of delay or failure to perform any of its obligations under this the Agreement owing attributable to Acts Act of God or Force Majeure, pursuant Majeure (any act or event which makes it impossible for the affected party to perform its obligations under the sole paragraph of Article 393 Agreement if such act or event is beyond the reasonable control of the Civil Codeaffected party, this including, but not limited to, the following cases or any similar one that prevents the affected party from performing its obligations under the Agreement shall remain (i) natural phenomena such as epidemics, pandemics, storms, floods, lightning, earthquakes and fires; (ii) wars (declared or undeclared), civil disturbances, riots, insurrections, sabotage, terrorist acts; (iii) transportation disasters, whether by sea, rail, air or land; (iv) strikes or other labor disputes not arisingout of breach of any labor contract by the affected party; (v) acts or omissions of a Mexican governmental authority not voluntarily induced or promoted by the affected party or arising out of any breach of its obligations, including any change in forceLaws; (vi) failure in the mechanical or chemical functions of equipment normally used by Seller in the manufacture, handling or supply of Product, or internally produced intermediary products used in the manufacture of Product); and (vii) delay in obtaining or failure to supply raw materials, fuel, electricity, gas or other services necessary for the manufacture of the Product in sufficient quantities; provided that the Party affected by said event shall not party declaring itself to be liable for the consequences of its default solely and exclusively while said event lasts and in proportion to the effects of said event, except as provided below. 12.1. Either Party may rescind this Agreement if an Act of God or Force Majeure occurs that prevents its performance, by either Party, for a period exceeding sixty (60) calendar days, without any Party having the right shall have given written notice to claim against the other any loss party (i) within a term not exceeding seven (7) days after becoming aware of such event, specifying the details and the approximate duration thereof and (ii) in a timely manner, once the party is no longer prevente d from performing its obligations hereunder as a result of the Act of God or damage or any penalty provided for in this Agreement. 12.2Force Majeure. No In addition, the party alleging Act of God or Force Majeure event shall exempt must make efforts to remedy or mitigate the affected Party from any of its obligations due before or after the occurrence effects of the respective event or that have arisen before it, even if they expire over or after the event of Act of God or Force Majeure. 12.3. Parties hereby acknowledge It is expressly understood that Act of God or Force Majeure shall not include any of the following events will events: (1) economic hardship; (2) change in market conditions; or (3) delay i n the delivery of machinery, equipment, materials or spare parts, provided that such delay has not been caused by an Act of God or Force Majeure. Neither party shall be considered as bound to settle claims or disputes with employees; nor shall Buyer be excused from payment of amounts past due or which are in compliance with Seller's credit terms. Amounts affected by Acts of God or Force Majeure for sha ll be omitted from the purposes of this Agreement: (i) problems and/or economic-financial difficulties of either Party, including Agreement without affecting the reduction of power consumption by term thereof. In the PURCHASER; (ii) any consequences arising from noncompliance with laws; (iii) insolvency, dissolution, bankruptcy, reorganization, extinction, or similar event of a PARTY reduction in the production of Product as a result of an Act of God or Force Majeure, Seller shall have the right to apportion its production among its internal or external customers on such terms as it deems and considers appropriate. In the event Seller acquires any quantity of Third Party; (iv) strikes and/or work interruptions Product while in an Act of God or measures having a similar effectForce Majeure, Seller may use or distribute such Product at its sole discretion, without obligation to supply any quantity of employees and contractors of either Party and/or their subcontractors, accordingly; (v) CCEE’s refusal Product to proceed with the accounting and/or settlement of this Agreement, caused by proven action or omission of either Party; (vi) fluctuations in PLD established by CCEE Buyer. Under no circumstances shall Seller be bound to obtain Product for the valuation supply hereunder that has not been delivered due to an Act of transactions traded in the short-term market, as well as changes in its calculation methodology and/or the maximum PLD and minimum PLD thresholds; and God or Force Majeure. (vii) the failure of either Party to obtain any necessary authorization from a governmental authority.b)