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

Acts of God or Force Majeure. It is expressly understood that the BENEFICIARY shall not be liable for the delay or total or partial non-fulfillment of its obligations, consisting in the performance of the exploration works in terms of this document, as well as of making the payments referred to in section 4 of Clause Second of these Contracts, when such delay or non-fulfillment results from an Act of God or force majeure, this is, from facts or events of nature or man that are unforeseeable or that even in the case they might be foreseen, they cannot be avoided by the BENEFICIARY. In accordance with that indicated in the above paragraph, the parties agree that the events mentioned below, as examples but not in a limitative manner, shall be considered as acts of God or force majeure: accidents such as fire, explosions, flooding, tempests, tremors, epidemics, civil disturbances, labor disturbances, strikes, wars, invasions, oppositions or disturbances caused by rural communities, ejido's communities or any other kind of association legally created or not, as well as oppositions or disturbances caused by any other person impeding the free access of the BENEFICIARY to the LOTS or obstructing the performance of the mining works set forth in this Contract, as well as actions or omissions of any governmental authority, whether Federal, State or Municipal, which include the delay or impossibility to timely obtain such permits required from any governmental authority, individual or corporation, group or entity to carry out the mining works provided for in this document. It is expressly agreed that, should the BENEFICIARY need to obtain permits for the use of explosives from the Ministry of Defense, in order to perform the exploration works on the LOTS, the normal course of the procedure to obtain such permits shall not be considered as force majeure. The aforecited events -without the exception made- shall be considered as acts of God or force majeure, as the case may be, if in the event of occurrence they obstruct or delay, whether totally or partially, the fulfillment of the obligations of the BENEFICIARY, if and when such event is not provoked by an action or omission imputable to the BENEFICIARY itself. In the event that an occurrence takes place causing an act of God or force majeure, the BENEFICIARY shall notify it to the TITLEHOLDER within a term of 30 (thirty) calendar days, counted from the date on which the BENEFICIARY becomes aware of such event. If the act of God or force majeure continues, the term to carry out the works of exploration shall be extended for a term equal to the duration of the act of God or force majeure, in order for the term of the exploration to be of one effective year.

Acts of God or Force Majeure. It is expressly understood that the BENEFICIARY shall not be liable for the delay or total or partial non-fulfillment of its (A) The Participants' obligations, consisting except the obligations to pay or distribute profits when its distribution has been resolved as stipulated herein and to make other payments or contributions pursuant to this contract, shall be suspended to the extent and during the time in the performance of the exploration works in terms of this document, as well as of making the payments referred to in section 4 of Clause Second of these Contracts, when such delay or non-fulfillment results from an Act of God or force majeure, this is, from facts or events of nature or man that are unforeseeable or that even in the case they might be foreseen, which they cannot be avoided fulfilled by the BENEFICIARY. In accordance with that indicated in the above paragraph, the parties agree that the events mentioned below, as examples but not in a limitative manner, shall be considered as acts of God or by force majeure: accidents such as firemajeure or because of any other event beyond its control, foreseeable or unforeseeable, including, but without limitation, (i) fires, explosions, floodingearthquakes, tempestshurricanes, tremorsstorms, epidemicsfloods, civil disturbancessink holes, labor disturbancesdraughts, or other adverse environmental conditions; (ii) wars, declared or undeclared, rebellions, terrorist actions, guerrillas, social commotions, coup d'etats, insurrections, and invasions; (iii) strikes, warswork stoppages, invasionsor other analogous labor conflicts, oppositions or disturbances caused by rural communitiestaking of facilities, ejido's communities or any other kind of association legally created or notobstructions, as well as oppositions or disturbances caused by any other person impeding the free access of the BENEFICIARY to the LOTS or obstructing the performance of the mining works set forth in this Contractagrarian intrusions, as well as and actions or omissions of indigenous groups, non-governmental or environmental organizations or of similar-interests organizations; (iv) acts or omissions of authorities, judgments or other kinds of judicial rulings, inability to obtain permits, consents, licenses, concessions, authorizations, approvals, and opinions; (v) delays or failures to comply of providers or transporters, contractors, or subcontractors; (vi) shortage or inability to obtain labor, transportation, materials, machinery, equipment, supplies, utilities or services; (vii) accidents; breakdown of equipment, machinery or facilities; and (viii) other events of analogous or similar nature. (B) The Participant who sees itself affected by any governmental authorityof the events described in the immediately preceding Section shall give notice of the same to the other or other Participants as soon as possible, whether Federalexplaining the source and nature of the event and the estimated time of its duration. The affected Participant shall reinitiate the performance of its obligations as soon as reasonably possible. (C) The Participants shall contribute, State in proportion to their respective interests in the Project, to the removal, elimination, or Municipalattenuation of any cause or event that hinders, which include hampers, or encumbers the delay operation of the mine or impossibility to timely obtain such permits required from that in any governmental authoritymanner diminish, individual injure, or corporation, group imperil the assets utilized in the same or entity to carry out the mining works possibility of making profits in the said operation. (D) While the discharging of the Participants' obligations is kept in suspense for the reasons provided for in this document. It is expressly agreed thatClause and in any of the situations described in the immediately preceding Section, should the BENEFICIARY need to obtain permits for the use of explosives from the Ministry of DefenseParticipants shall contribute, in order proportion to perform the exploration works on the LOTS, the normal course of the procedure to obtain such permits shall not be considered as force majeure. The aforecited events -without the exception made- shall be considered as acts of God or force majeure, as the case may be, if their respective interests in the event of occurrence they obstruct or delayProject, whether totally or partially, whatever might be strictly indispensable to keep it in operation and conservation under the fulfillment of the obligations of the BENEFICIARY, if and when such event is not provoked by an action or omission imputable to the BENEFICIARY itself. In the event that an occurrence takes place causing an act of God or force majeure, the BENEFICIARY shall notify it to the TITLEHOLDER within a term of 30 (thirty) calendar days, counted from the date on which the BENEFICIARY becomes aware of such event. If the act of God or force majeure continues, the term to carry out the works of exploration shall be extended for a term equal to the duration of the act of God or force majeure, in order for the term of the exploration to be of one effective yearcircumstances.

Acts of God or Force Majeure. It is expressly understood that the BENEFICIARY shall not be liable for the delay or total or partial non-fulfillment of its obligations, consisting in the performance of the exploration works in terms of this document, as well as of making the payments referred to in section 4 of Clause Second of these Contracts, when such delay or non-fulfillment results from an Act of God or force majeure, this is, from facts or events of nature or man that are unforeseeable or that even in the case they might be foreseen, they cannot be avoided by the BENEFICIARY. In accordance with that indicated in the above paragraph, the parties agree that the events mentioned below, as examples but not in a limitative manner, shall be considered as acts of God or force majeure: accidents such as fire, explosions, flooding, tempests, tremors, epidemics, civil disturbances, labor disturbances, strikes, wars, invasions, oppositions or disturbances caused by rural communities, ejido's communities or any other kind of association legally created or not, as well as oppositions or disturbances caused by any other person impeding the free access of the BENEFICIARY to the LOTS or obstructing the performance of the mining works set forth in this Contract, as well as actions or omissions of any governmental authority, whether Federal, State or Municipal, which include the delay or impossibility to timely obtain such permits required from any governmental authority, individual or corporation, group or entity to carry out the mining works provided for in this document. It is expressly agreed that, should the BENEFICIARY need to obtain permits for the use of explosives from the Ministry of Defense, in order to perform the exploration works on the LOTS, the normal course of the procedure to obtain such permits shall not be considered as force majeure. The aforecited events -without the exception made- shall be considered as acts of God or force majeure, as the case may be, if in the event of occurrence they obstruct or delay, whether totally or partially, the fulfillment of the obligations of the BENEFICIARY, if and when such event is not provoked by an action or omission imputable to the BENEFICIARY itself. In the event that an occurrence takes take place causing an act of God or force majeure, the BENEFICIARY shall notify it to the TITLEHOLDER within a term of 30 (thirty) calendar days, counted from the date on which the BENEFICIARY becomes aware of such event. If the act of God or force majeure continues, the term to carry out the works of exploration shall be extended for a term equal to the duration of the act of God or force majeure, in order for the term of the exploration to be of one effective year.

Acts of God or Force Majeure. It is expressly understood that the BENEFICIARY shall not be liable for the delay or total or partial non-fulfillment of its obligations, consisting in the performance of the exploration works in terms of this document, as well as of making the payments referred to in section 4 of Clause Second of these Contracts, when such delay or non-fulfillment results from an Act of God or force majeure, this is, from facts or events of nature or man that are unforeseeable or that even in the case they might be foreseen, they cannot be avoided by the BENEFICIARY. In accordance with that indicated in the above paragraph, the parties agree that the events mentioned below, as examples but not in a limitative manner, shall be considered as acts of God or force majeure: accidents such as fire, explosions, flooding, tempests, tremors, epidemics, civil disturbances, labor disturbances, strikes, wars, invasions, oppositions or disturbances caused by rural communities, ejido's communities or any other kind of association legally created or not, as well as oppositions or disturbances caused by any other person impeding the free access of the BENEFICIARY to the LOTS LOT or obstructing the performance of the mining works set forth in this Contract, as well as actions or omissions of any governmental authority, whether Federal, State or Municipal, which include the delay or impossibility to timely obtain such permits required from any governmental authority, individual or corporation, group or entity to carry out the mining works provided for in this document. It is expressly agreed that, should the BENEFICIARY need to obtain permits for the use of explosives from the Ministry of Defense, in order to perform the exploration works on the LOTS, the normal course of the procedure to obtain such permits shall not be considered as force majeure. The aforecited events -without the exception made- shall be considered as acts of God or force majeure, as the case may be, if in the event of occurrence they obstruct or delay, whether totally or partially, the fulfillment of the obligations of the BENEFICIARY, if and when such event is not provoked by an action or omission imputable to the BENEFICIARY itself. In the event that an occurrence takes take place causing an act of God or force majeure, the BENEFICIARY shall notify it to the TITLEHOLDER TITLEHOLDERS within a term of 30 (thirty) calendar days, counted from the date on which the BENEFICIARY becomes aware of such event. If the act of God or force majeure continues, the term to carry out the works of exploration shall be extended for a term equal to the duration of the act of God or force majeure, in order for the term of the exploration to be of one effective year.