Common use of Applicability of Force Majeure Clause in Contracts

Applicability of Force Majeure. The Party claiming Force Majeure shall not be responsible or liable for any delay or failure in its performance under this Contract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: a. The Party gives prompt written notice describing the particulars of the occurrence of the Force Majeure; b. The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c. The Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the Subscriber describing actions taken to end the Force Majeure; and, d. When the Party is able to resume performance of its obligations under this Contract, the Company shall give the Subscriber written notice to that effect.