Circumstances Excluding Liability. 1. As a circumstance excluding liability shall be deemed any obstacle arising independently of the will of the obligor and preventing the obligor from fulfilling its obligations, unless it can be reasonably assumed that the obligor could avert or overcome such an obstacle or its impacts, and also that the obligor could foresee the occurrence of the obstacle at the time when its contractual obligation arose.
2. An obstacle arising only when the obligor was already in delay with the performance of its obligation or an obstacle resulting from the obligor’s financial situation shall not be deemed a circumstance excluding liability.
3. Neither of the contracting parties shall be liable for failure to perform its obligations arising out of the Contract in case that it proves that: ▪ the failure to perform occurred due to extraordinary, unforeseeable and non- avertable events, ▪ the obstacles and their consequences could not have been foreseen at the time of concluding the Contract, ▪ the obstacles and their consequences could not have been prevented, avoided or overcome.
4. Unforeseeable and unpreventable obstacles are not deemed those caused by not granting the obligor with the official authorizations, licenses or similar permissions.
5. The contracting party acting in breach of its obligation or that, considering all the circumstances, should be aware that it may breach its obligation under the contractual relationship, is obliged to notify the other contracting party of the nature and consequences of the obstacle that prevents or will prevent it from performing its obligation and of its consequences. The notification shall be made without undue delay after the obligor learnt of the obstacle or in due care may have learnt of it. The failure to notify obliges the obligor to pay for the damage that could have been averted by means of early notification.
6. The effects of circumstances excluding liability shall be limited only to the time until the obstacle with which the effects are linked persists.
7. Circumstances excluding liability relieve the obligor from the obligation to cover the damages, the contractual penalty and other contractually agreed sanctions.
8. The term of performance shall be extended by the duration of the circumstances excluding liability in a way that is acceptable for the obligee. During such period the right of the obligee to withdraw from the contract, if such right exists, may not be exercised.
9. If the circumstances excluding liabil...
Circumstances Excluding Liability. A Party shall not be liable for any default in the fulfilment of this Agreement if such default was caused by a force majeure (including events such as fire, flood, earthquake, hurricane and similar acts of nature or war, civil unrest, invasion, revolution, rebellion, terrorist attack, blockade, embargo, industrial action, epidemic or pandemic which preclude such Party’s ability to fulfil this Agreement or cause any default therein) which occurs independently of the Party’s will and the occurrence of which could not have been prevented by such Party. The Party which has been unable to fulfil its obligations for the reasons set out in the preceding point shall be obliged to provide the second Party with evidence proving that it has taken all available measures to minimise any negative effects on the fulfilment of the Agreement and that the performance of its obligations arising from this Agreement cannot be justly required. The Party shall also take any measures to continue the performance of this Agreement as soon as the obstruction has terminated. The Party unable to perform for reasons of force majeure shall inform the other Party without undue delay in writing within 15 days of the commencement of circumstances excluding liability or immediately after it becomes aware of them. The Parties shall engage in negotiations to resolve the situation. Should the Parties fail to reach an agreement and the performance be delayed by force majeure for a period of more than 6 months, the other Party shall be entitled to withdraw from the Agreement.
Circumstances Excluding Liability. Neither Party will be considered in default with the fulfilment of their obligations resulting from the Contract due an event excluding liability, if such event makes the fulfilment of the obligations of that Party resulting from the Contract impossible or substantially affects it. The immediately preceding sentence of this Article will only apply for the duration of the existence of such event excluding liability or for the duration of its consequences, and only in relation to the Party’s obligation or obligations directly or immediately affected by such event. An event excluding liability means an event that the Party could not have foreseen at the time of conclusion of this Contract and that objectively prevents the Party from fulfilling its contractual obligations resulting from this Contract. Events excluding liability include, in particular, war, embargoes, state or government interventions, terrorist acts, natural disasters and strikes by the Customer’s employees. For the avoidance of doubt, events excluding liability do not include any instances of default with the fulfilment of obligations by any subcontractors or Contractor’s partners with respect to the Contractor, strikes by employees of the Contractor or its contractual partners, as well as insolvency, overindebtedness, bankruptcy, settlement, liquidation or any other similar event concerning the Contractor or any of its contractual partners, as well as execution against the property of the Contractor or any of its contractual partners. Should any event excluding liability under Art. 15.1.2 hereof occur, the Party on whose part it occurred will take all steps that can be reasonably requested from that Party that will lead to the restoration of normal activity in accordance with the Contract, as quickly as possible given the circumstances which caused that circumstance not leading to liability. Each Party undertakes to inform the other Party about the occurrence of an event excluding liability as soon as such communication can be objectively made. If an event excluding liability lasts for more than ten (10) working days, the Parties undertake to find a suitable solution to the situation that has occurred through mutual negotiations, making every effort that can be reasonably required from the Parties.
Circumstances Excluding Liability. 30.1 In case that the Contractor is prevented from fulfilment of its obligations under this Contract by circumstances which it considers as circumstances excluding responsibility pursuant to Sec. 2913/2 of the Civil Code, it shall be obliged to notify in writing the Employer thereof without unnecessary delay, latest however, within three
Circumstances Excluding Liability. 6.1 The liability of the Parties in the event of their failure to fulfil their obligations hereunder shall partially or fully cease to exist if the relevant failure to perform is caused by the force majeure. If the force majeure continues for a period not exceeding 90 calendar days, the Parties shall be obliged to fulfil their obligations arising from this agreement as soon as the force majeure effects cease to apply. The Parties shall be obliged to postpone the date of delivery as well as any other terms and deadlines for the period after the force majeure ceases to apply.
6.2 Delayed supplies from sub-contractors, various lockouts, strikes and government changes cannot be classified as force majeure events.
Circumstances Excluding Liability. The Parties shall not be liable to each other for the consequences of a breach of their obligations caused by circumstances excluding liability, provided that the Party claiming the existence of the circumstance excluding liability notifies the other Party in writing of the existence of such circumstance no later than 10 days after becoming aware of the event. Circumstances excluding liability are fire, disaster, flood, earthquake, war, strike, lockout, and any other circumstance, the occurrence of which could not have been foreseen in advance by the other Contracting Party and the consequence of which is that the other Contracting Party was unable to perform according to the Purchase Order.
Circumstances Excluding Liability. 1. The circumstances excluding liability shall mean an unexpected, unpreventable and extraordinary obstacle that occurs independently of the will of the obliged party and prevents such a party from fulfilling its obligation, if it could not be reasonably expected that the obliged party could have averted or overcome such an obstacle or the consequences thereof.
2. The liability is not excluded by an obstacle that arose later at the time when the obliged party has already been in delay in the fulfilment of its obligation, or which arose upon such party’s financial situation.
3. The effects of the circumstances excluding liability are limited only to the period till the obstacle, with which these effects are associated, persists.
4. Until specified otherwise in the Contract, the circumstances excluding liability relieve the obliged party from the obligation to pay the damages, contractual penalty or other contractually agreed sanctions.
5. The contractual performance period is extended by the period of duration of the circumstances excluding liability. Unless agreed otherwise in this Contract, during such a period the entitled party is denied the right, if it had existed, to withdraw from the Contract.
6. For the avoidance of doubt, the Contract and the respective Partial Contracts are based upon information and conditions applicable as of respectively the signature of the Contract or the written acceptance of the relevant Purchase Order. In case the ongoing epidemic known as COVID-19 alters such information and conditions, Contractor shall continue to work in good faith to mitigate any resulting impacts and shall be entitled to an equitable schedule relief.
