Common use of Affected Person’s obligations Clause in Contracts

Affected Person’s obligations. (a) Subject to clauses 8.3 and 8.5, if a Force Majeure Event occurs and the Affected Person is unable wholly or in part to perform any obligation under this Agreement, then the Affected Person must: (i) notify the other Party if the FM Period continues for a period of two (2) days or longer; and (ii) use reasonable endeavours (including incurring any reasonable expenditure of funds and rescheduling personnel and resources) to: (A) mitigate the consequences of the Force Majeure Event; and (B) minimise any resulting delay in the performance of the Affected Obligation. (b) A notice under clause 8.2(a) must be given as soon as reasonably practicable and in any event within 5 Business Days of a Party becoming aware an event is or is likely to be a Force Majeure Event, and must include details of the event or circumstance constituting the Force Majeure Event. (c) The Affected Person must notify the other Party as soon as reasonably practicable after it is no longer affected by the Force Majeure Event, and the notice must: (i) include the actual period of the Force Majeure Event, stating the start date and end dates; and (ii) detail the effect that the Force Majeure Event had on the Affected Person's ability to perform its obligations under the Contract.

Affected Person’s obligations. ‌ (a) Subject to clauses 8.3 and 8.5, if a Force Majeure Event occurs and the Affected Person is unable wholly or in part to perform any obligation under this Agreement, then the Affected Person must: (i) notify the other Party if the FM Period continues for a period of two (2) days or longer; and (ii) use reasonable endeavours (including incurring any reasonable expenditure of funds and rescheduling personnel and resources) to: (A) mitigate the consequences of the Force Majeure Event; and (B) minimise any resulting delay in the performance of the Affected Obligation. (b) A notice under clause 8.2(a) must be given as soon as reasonably practicable and in any event within 5 Business Days of a Party becoming aware an event is or is likely to be a Force Majeure Event, and must include details of the event or circumstance constituting the Force Majeure Event. (c) The Affected Person must notify the other Party as soon as reasonably practicable after it is no longer affected by the Force Majeure Event, and the notice must: (i) include the actual period of the Force Majeure Event, stating the start date and end dates; and (ii) detail the effect that the Force Majeure Event had on the Affected Person's ability to perform its obligations under the Contract.