Common use of Diverted Cargo Force Majeure Clause in Contracts

Diverted Cargo Force Majeure. Neither Party shall be liable to the other Party for any delay or failure in performance under this Agreement in respect of a Diverted Cargo if and to the extent such delay or failure is a result of Diverted Cargo Force Majeure. To the extent that the Party so affected fails to use commercially reasonable efforts to overcome or mitigate the effects of such events of Diverted Cargo Force Majeure, it shall not be excused for any delay or failure in performance that would have been avoided by using such commercially reasonable efforts. Subject to the provisions of this Paragraph 12, the term “