Common use of Effect of Force Majeure Clause in Contracts

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Non Affected Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence of Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure ActEvent, that Party shall be excused from whatever performance is affected by the Force Majeure Act Event to the extent so affected, provided that: (a) Within five within 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure ActEvent, the Affected Party provides a written notice to the other Non- Affected Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven 7 (7seven) days, days during the period of a Force Majeure,Majeure Event; (b) The the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,Event; (c) The the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,Event; (d) The the Affected Party shall provide the other Non-Affected Party with prompt notice of the cessation of the Force Majeure Act Event giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act Event shall not be excused as a result of such subsequent Force Majeure Act,Event; (f) The the occurrence of a Force Majeure Act Event shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act Event or for partial performance hereunder during period of subsistence the Force Majeure Act; andEvent; (g) The the Force Majeure Act, Event shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and (h) the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyNon-Affected Party on account of its non-performance due to the Force Majeure Event.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: (a) Within five within 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Non- Affected Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven 7 (7seven) days, days during the period of a Force Majeure,Majeure Act; (b) The the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,; (c) The the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,; (d) The the Affected Party shall provide the other Non-Affected Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; (f) The the occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period of subsistence the Force Majeure Act; and; (g) The the Force Majeure Act, Act shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and (h) the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyNon-Affected Party on account of its non-performance due to the Force Majeure Act.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: (a) Within five within 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Non-Affected Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven 7 (7seven) days, days during the period of a Force Majeure,Majeure Act; (b) The the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,; (c) The the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,; (d) The the Affected Party shall provide the other Non-Affected Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; (f) The the occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period of subsistence the Force Majeure Act; and; (g) The the Force Majeure Act, Act shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and (h) the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyNon-Affected Party on account of its non-performance due to the Force Majeure Act.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: (a) Within five (5) Business Days after Upon the occurrence inability of the inability Affected Party to perform due to the occurrence of a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven fifteen (715) daysdays from the date of such notice, during the period of Force Majeure,; (b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act,; (c) The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act,; (d) The Affected Party shall provide the other Party with prompt written notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; (f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and (g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that such Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: (a) Within five (5) Business Days after Upon the occurrence inability of the inability Affected Party to perform due to the occurrence of a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven 15 (7fifteen) daysdays from the date of such notice, during the period of Force Majeure,; (b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act,; (c) The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act,; (d) The Affected Party shall provide the other Party with prompt written notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; (f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and (g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, then that the Non-Performing Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Non-Performing Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven 7 (7seven) days, during the period of Force Majeure,. b) The Affected Non-Performing Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the said Force Majeure Act,. c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the said Force Majeure Act,. d) The Affected Non-Performing Party shall provide the other Party with prompt notice of the cessation of the said Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,. e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,. f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period periods of subsistence Force Majeure Act; andMajeure. g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Non-Performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party. h) Quantity of Coal not delivered by the Corporation, or not accepted by the Purchaser due to the Force Majeure Act shall reduce the ACQ by the same amount.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, then that the Non-Performing Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided thatthat : a) Within five 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Non-Performing Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven 7 (7seven) days, during the period of Force Majeure,. b) The Affected Non-Performing Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the said Force Majeure Act,. c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the said Force Majeure Act,. d) The Affected Non-Performing Party shall provide the other Party with prompt notice of the cessation of the said Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,. e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,. f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period periods of subsistence Force Majeure Act; andMajeure. g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Non-Performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party. h) Quantity of Coal not delivered by the Corporation, or not accepted by the Purchaser due to the Force Majeure Act shall reduce the ACQ by the same amount.

Effect of Force Majeure. If In the event that either Party is rendered unable wholly or partially unable in part by Force Majeure to perform carry out its obligations under this Agreement because Agreement, other than the obligation to make payment of a Force Majeure Actamounts accrued and due hereunder at the time thereof, the obligations of that Party shall that are reasonably affected will be excused suspended from whatever performance is affected by the commencement of the Force Majeure Act event through the continuance of any inability so caused, on such Party’s giving written notice and full particulars of the Force Majeure event to the extent so affected, provided that: a) Within five (5) Business Days other Party within a reasonable time after the occurrence of the inability to perform due to a Force Majeure Act, the Affected cause relied on. Neither Party provides a written notice will be liable in damages to the other Party of the particulars of the occurrencefor any act, including an estimation of its expected duration and probable impact on the performance of its obligations hereunderomission, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period or circumstances occasioned by or in consequence of Force Majeure, b) The Affected Party ; provided, however, such Force Majeure shall use be remedied with all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible dispatch by the Party claiming the existence of Force Majeure. The existence of Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall will not relieve either a Party from its obligations to make any payment hereunder for performance rendered prior to payments of amounts accrued and due under this Precedent Agreement at the occurrence time of the Force Majeure event. During a period of Force Majeure Act or claimed by Operator, Customer will be relieved of its payment obligations under this Agreement to the extent provided for partial performance hereunder during in Section 5.6. In the event that a period of subsistence Force Majeure Act; and g) The persists for more than 30 days, then within 60 days of the start of the event, the Party claiming Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to notify the other Party, in writing, of the date by which it expects to resume its obligations under this Agreement. If the claiming Party projects that the Force Majeure event will not persist for more than two years and the non-claiming Party disagrees, it will be entitled to pursue a resolution pursuant to the terms of Article 10. If the Force Majeure event is projected to persist for more than two years, then the other Party shall have 60 days from the later of the claiming Party’s notice and the decision pursuant to the Article 10 process, to respond, in writing, whether it elects to terminate this Agreement. If the responding Party does not elect to terminate, then the Party affected by Force Majeure will proceed with all reasonable dispatch to resume the performance of its obligations within the projected time.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within 18.3.1 within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Non-Affected Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven (7) days, days during the period of a Force Majeure,Majeure Act; b) The 18.3.2 the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,; c) The 18.3.3 the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,; d) The 18.3.4 the Affected Party shall provide the other Non-Affected Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; e) The 18.3.5 the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; f) The 18.3.6 the occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period of subsistence the Force Majeure Act; and; g) The 18.3.7 the Force Majeure Act, Act shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and 18.3.8 the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyNon-Affected Party on account of its non-performance due to the Force Majeure Act.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure ActEvent, that Party shall be excused from whatever performance is affected by the Force Majeure Act Event to the extent so affected, provided that: a22.4.1 within 5 (five) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure ActEvent, the Affected Party provides a written notice to the other Party non- affected party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven 7 (7seven) days, Days during the period of a Force Majeure,Majeure Event; b) The 22.4.2 the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,Event; c) The 22.4.3 the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,Event; d) The 22.4.4 the Affected Party shall provide the other Party non-affected party with prompt notice of the cessation of the Force Majeure Act Event giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; e) The 22.4.5 the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act Event shall not be excused as a result of such subsequent Force Majeure Act,Event; f) The 22.4.6 the occurrence of a Force Majeure Act Event shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act Event or for partial performance hereunder during period of subsistence the Force Majeure Act; andEvent; g) The 22.4.7 the Force Majeure Act, Event shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and 22.4.8 the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partynon-affected party on account of its non-performance due to the Force Majeure Event.

Effect of Force Majeure. If either Party is rendered wholly or partially unable Either party to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act making or accepting deliveries of Concentrates to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the described in this Article 22 when its inability to perform is due to a Force Majeure Act, the Affected Party provides a written Majeure. The party claiming force majeure shall give prompt notice thereof to the other Party of party, specifying the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation nature of the Force Majeure Act giving rise to in reasonable detail as well as its estimated duration, upon its occurrence. Notice shall also be given immediately upon the excuse from performance and shall thereupon resume normal performance termination of obligations under this Agreement with utmost promptitude, e) the Force Majeure. The non-performance of any obligation of either Party that was required to be performed prior to notice given on the occurrence of a an event of Force Majeure Act shall be referred to as a declaration of Force Majeure. If the party receiving the declaration of Force Majeure disputes that an event of Force Majeure has occurred, the matter will be resolved as provided in Article 20, it being understood, however, that such dispute shall not defeat the effectiveness of such notice pending the resolution of such dispute. In the event of such dispute, the parties will expedite the completion of arbitration to the maximum extent feasible. (a) As soon as possible following a declaration of Force Majeure the parties shall discuss all relevant details of the Force Majeure, including but not limited to all facts which would assist in evaluating the projected duration of such Force Majeure. At the end of such meeting or as soon thereafter as practicable the party which declared such Force Majeure shall notify the non- declaring party of its updated best estimate of the projected duration of the Force Majeure. (b) If the estimated duration of the event of Force Majeure is no more than 15 consecutive days, the quantity of Concentrates which cannot be excused delivered or accepted as a result of such subsequent event of Force Majeure Act,shall be delivered as soon as practicable following the termination of such event of Force Majeure. f(c) The occurrence If the estimated duration of a the event of Force Majeure Act is more than 15 consecutive days, either party may, by notice in writing to the other party, cancel in whole or in part the sale and purchase of the quantity of Concentrates which cannot be delivered or accepted, as a result of, and during the period of continuance of the event of Force Majeure in which event the Contractual Tonnage for such Contract Year shall not relieve either Party be automatically reduced by the quantity of Concentrates which are affected or reasonably foreseen to be affected by the declaring party. If such cancellation is made in respect of an event of Force Majeure declared by Seller, Buyer shall be free to purchase from third party suppliers of copper concentrates the quantities of Concentrates which it reasonably requires during the estimated duration of the Force Majeure event. If any event of Force Majeure results in a suspension of Seller's Concentrate production for more than 15 consecutive days, Seller shall use its obligations best efforts to make any payment hereunder for performance rendered deliver to Buyer, and Buyer shall use its best efforts to accept delivery of, that portion (provided that such portion shall be at least 5,000 DMT) of the Concentrates allocated to this Agreement which had been produced prior to the occurrence interruption of production by the event of Force Majeure Act or and Buyer shall accept and pay for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partysuch Concentrates so delivered.

Effect of Force Majeure. If either Neither Party is rendered wholly shall be in default or partially unable to perform in breach of its obligations under this Agreement because of a Force Majeure Act, that Party shall or otherwise be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice liable to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on for any delay or failure in the performance of any of its obligations hereunder, under this Agreement if and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period extent such delay or failure is a result of Force Majeure, b) Majeure arising after the Effective Date. The Affected protections afforded under this Section 28.1 to a Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration duration, than is reasonably necessitated required by the Force Majeure. Notwithstanding anything to the contrary contained in this Section 28.1, no Force Majeure Act, d) The Affected shall relieve, suspend or otherwise excuse any Party from performing any obligation to make any payment owed to another Party or to indemnify, defend or hold harmless another Party pursuant to this Agreement. In no event may Developer claim a Force Majeure for economic reasons or for changes in Developer’s costs or the costs of Contractor or Subcontractors, including commodity price changes, changes in labor markets, increased cost of labor or transportation, or due to changes in scope due to changes in engineering, design or applied engineering not requested by PacifiCorp. Notice of Occurrence. If either Party considers that any event of Force Majeure has occurred which may affect performance of its obligations under this Agreement, it shall provide promptly notify the other Party with prompt notice thereof stating the full particulars, including the obligations that are affected thereby, the estimated period during which performance may be delayed or prevented, and the particulars of the cessation program to be implemented to resume normal performance hereunder. If a force majeure under any of the Project Documents occurs with respect to Contractor or any Subcontractor, then Developer shall promptly provide notice thereof to PacifiCorp describing: (i) the obligations of Contractor or Subcontractor that are affected; (ii) the estimated period during which performance may be delayed or prevented; and (iii) the particulars of the program to be implemented by Contractor or Subcontractor in order to resume normal performance thereunder, provided that in no event shall Developer be relieved of any of its obligations under this Agreement as a result thereof unless such force majeure qualifies as an event of Force Majeure Act giving rise under this Agreement. Performance to Continue. Upon the excuse from performance and occurrence of any event of Force Majeure, the affected Party shall thereupon use reasonable efforts to mitigate the effects of Force Majeure, resume normal performance of this Agreement within the shortest time practicable and continue to perform its obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to insofar as they are not affected by the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyMajeure.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, then that the Non-Performing Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided thatthat : a) Within five 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Non-Performing Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven 7 (7seven) days, during the period of Force Majeure,. b) The Affected Non-Performing Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the said Force Majeure Act,. c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the said Force Majeure Act,. d) The Affected Non-Performing Party shall provide the other Party with prompt notice of the cessation of the said Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,. e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,. f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period periods of subsistence Force Majeure Act; andMajeure. g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Non-Performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party. h) Quantity of Coal not delivered by the Seller, or not accepted by the Purchaser due to the Force Majeure Act shall reduce the ACQ by the same amount.

Effect of Force Majeure. (a) If either Party a party (‘the Affected Party’) is rendered unable to wholly or partially unable to perform in part carry out its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure ActEvent, the Affected Party provides a written notice to the other Party of the particulars of the occurrencemust comply with clause 26.2(b), including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven whereupon such obligation will be suspended so far as it is affected by such intervening event. (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure must: (i) notify the other party as soon as possible of full particulars of the event or circumstance of the Force Majeure Act,Event including: c(A) The suspension the date of performance shall be commencement of no greater scope and no longer duration than is reasonably necessitated by the event or circumstance of the Force Majeure Act,Event and an estimate of the period of time required to enable it to resume full performance of its obligations; (B) where possible, the means proposed to be adopted to remedy or xxxxx the Force Majeure Event; and (C) the nature and extent of the obligations affected by, or other consequences of the Force Majeure Event; (ii) use all reasonable diligence and employ all reasonable means to remedy, mitigate or xxxxx the Force Majeure Event as expeditiously as possible, including the expenditure of reasonable sums of money and the application of technology known to prudent and competent persons; (iii) resume performance as soon as possible after termination of the Force Majeure Event or after the Force Majeure Event has abated to an extent which permits resumption of performance; (iv) notify the other party when the Force Majeure Event has terminated or abated to an extent that permits resumption of performance to occur; and (v) notify the other party when resumption of performance has occurred. (c) Once such intervening event has ended, the Affected Party will carry out all acts which it would have been liable to carry out had the Force Majeure Event not intervened, with any necessary time frames extended by the period of suspension under clause 26.2(a). (d) The Affected Party shall provide will take all reasonable steps to ameliorate and eliminate the other Party with prompt notice intervening event and resume performance as promptly as practicable. (e) Notwithstanding the existence of the cessation of the a Force Majeure Act giving rise Event, each party must continue to the excuse from performance and shall thereupon resume normal performance of perform its other obligations under this Agreement with utmost promptitude,Agreement, not being obligations suspended under clause 26.2(a). e(f) The non-If: (i) a party has invoked the operation of this clause 26.2; and. (ii) the same Force Majeure Event prevents or inhibits performance of any obligation of either Party that was or condition required to be performed prior to the occurrence of under this Agreement for a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; 3 months, then either party may terminate this Agreement by 20 Business Day's notice and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to unless there has been a cessation of the other Partyevent of the Intervening Event, this Agreement will automatically expire upon the expiry of that 20 Business Days.

Effect of Force Majeure. If either Party is rendered wholly (a) Failure or partially unable delay *[Redacted]* in the performance of any obligation, term, condition or covenant contained herein (other than a failure to make payments required hereunder), shall be excused, if such failure or delay in performance was caused by an act of nature or the elements, by fire, the unavailability of power, water and other items necessary for production, delay or interruption of transportation, damage to port/harbour or loading/discharging facilities, war (whether declared or undeclared) or the consequence thereof, acts or serious threats of sabotage or terrorism, riot, civil war, blockade, insurrection, invasion, civil strife or mob violence, trade sanctions, export restrictions, revolution, embargo, any laws (or changes therein), regulations (or changes therein) or requirements (or changes therein) or acts of any federal, state or local government or any minister, ministry or other governmental body, expropriation, nationalization or other act of eminent domain, strikes and/or lock-outs, industrial disturbance or other work stoppage, or any other cause, whether or not similar to those enumerated above, *[Redacted]* which prevents or hinders a party to perform its obligations under this Agreement because as contractually agreed (collectively, “Event of Force Majeure”), provided that in no event shall prevention or settlement of any strike or labour disturbances be considered as a matter *[Redacted]*. If an Event of Force Majeure Actaffects the Discharge Port and Seller, that in accordance with Section 4.3 delivers the affected Parcel to an Alternate Port, then no Party shall be excused from whatever the performance is affected by of its obligations in relation to such a Parcel. (b) Seller shall not be obligated to deliver concentrate from other than the Production Facility and Seller shall not be obligated to rebuild or repair any damaged or destroyed property in order to fulfil this Agreement. (c) Notwithstanding any other provision hereof, no Event of Force Majeure Act to shall have the extent so affectedeffect of extending the term of this Agreement. In case either party declares Force Majeure even though the vessel has been booked and/ or the Concentrates is in the process of being loaded or had already been loaded into an ocean-going vessel and/ or the Quotational Period has started or been completed and/ or pricing has been established, provided that:the parties shall find a reasonable solution for both sides in a fair and equitable manner. a(d) Within five (5) Business Days after the occurrence If any Event of Force Majeure continues in effect for a period of 60 consecutive days or less, any affected deliveries of Concentrate during such period shall be made up as soon as practicable following termination of the inability to perform due to a Event; provided, however, that during the Initial Period and the first Contract Year, Seller’s responsibility for deliveries of Concentrate shall not exceed 30% of Annual Production. (e) If any Event of Force Majeure Actcontinues in effect for a period of more than 60 days, but not more than 365 consecutive days, then the Affected Party provides who has received notice of an Event of Force Majeure shall have the option to cancel the affected delivery of the Concentrate which would have been delivered during such period. (f) If any Event of Force Majeure continues in effect for a period of more than 365 days, then either Party shall have the right to terminate this Agreement. The right to cancel quantities of Concentrate or the right to terminate the Agreement as set forth above shall be made by written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of at any obligation of either Party that was required to be performed time prior to the occurrence receipt of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to notice that the occurrence Event of Force Majeure Act or for partial performance hereunder during period has ceased. In the event of subsistence Force Majeure Act; and g) The Force Majeure Acta termination of the Agreement all obligations, covenants and commitments of both parties hereto, except outstanding payments to be made hereunder, shall not relieve either Party from its obligation cease to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to exist on the other Partydate such notice is given.

Effect of Force Majeure. If either Party is rendered wholly or partially unable Event on the Agreement 19.6.1 Upon the occurrence of any Force Majeure (a) prior to perform its obligations under the Appointed Date, both Parties shall bear their respective Force Majeure costs. (b) after the Appointed Date, the costs incurred and attributable to such event and directly relating to this Agreement because (the “Force Majeure costs”) shall be allocated and paid as follows: upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Act, that costs and neither Party shall be excused from whatever performance is affected by the Force Majeure Act required to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice pay to the other Party any costs thereof; upon occurrence of the particulars of the occurrencean Indirect Political Event, including an estimation of its expected duration and probable impact on the performance of its obligations hereunderall Force Majeure costs attributable to such Indirect Political Event, and continues to furnish periodic reports with respect theretonot exceeding the Insurance Cover for such Indirect Political Event, every seven (7) daysshall be borne by the Contractor, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Authority to the Contractor for the Force Majeure Act, c) The suspension events; and upon occurrence of performance a Political Event, all Force Majeure costs attributable to such Political Event shall be reimbursed by the Authority to the Contractor. For the avoidance of no greater scope and no longer duration than is reasonably necessitated by doubt, Force Majeure costs may include costs directly attributable to the Force Majeure Act,Event, but shall not include debt repayment obligations, if any, of the Contractor. d) The Affected 19.6.2 Save and except as expressly provided in this Article 19, neither Party shall provide be liable in any manner whatsoever to the other Party with prompt notice in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto. 19.6.3 Upon the occurrence of any Force Majeure Event during the Construction Period, the Project Completion Schedule for and in respect of the cessation affected Works shall be extended on a day for day basis for such period as performance of the Contractor’s obligations is affected on account of the Force Majeure Act giving rise to Event or its subsisting effects, as may be determined by the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyAuthority Engineer.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, then that the Non-Performing Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided thatthat : a) Within five 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Non-Performing Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven 7 (7seven) days, during the period of Force Majeure,. b) The Affected Non-Performing Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the said Force Majeure Act,. c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the said Force Majeure Act,. d) The Affected Non-Performing Party shall provide the other Party with prompt notice of the cessation of the said Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,. e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,. f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act or for partial performance hereunder during period periods of subsistence Force Majeure Act; andMajeure. g) The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Non-Performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party. h) Quantity of Coal not delivered by the Corporation, or not accepted by the Purchaserdue to the Force Majeure Act shall reduce the ACQ by the same amount.

Effect of Force Majeure. If either (a) Neither Party shall be responsible nor liable for nor deemed in breach or default hereof or give rise to any claim by any Party against any other Party (including without limitation any claims to pay damages or penalties for delays) because of their respective failure or omission to perform or delay in the performance of their respective obligations hereunder due to Force Majeure provided that: (i) The non-performing Party gives the other Party within forty-eight (48) hours or as soon thereafter as reasonably practicable a written notice describing the particulars of the occurrence; (ii) The suspension of performance and the extension of scheduled and guaranteed dates are of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The affected Party uses reasonable efforts to remedy its inability to perform; and (iv) When the affected Party is rendered wholly or partially unable able to perform resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Notwithstanding anything to the contrary in Section 14.2(a), PNOC-EDC shall not be excused from any of its obligations under this Agreement because of a Force Majeure Actincluding its obligation to make the Capacity Payments, that Party shall be excused from whatever performance is affected by the Force Majeure Act Energy Fee and any other payments to the extent so affected, provided that: a) Within five (5) Business Days after Operator under this Agreement by the occurrence of any Political FM, an Interconnection Failure or any condition or event that affects the inability ability of PNOC-EDC to perform deliver or accept Geothermal Fluid from any Plant as provided under this Agreement, including any dispute between PNOC-EDC and NAPOCOR (under the Power Purchase Agreement or otherwise) which did not arise from any default of the Operator under this Agreement, including termination or expiration of the Power Purchase Agreement. (c) Notwithstanding Section 8.3.1, and subject to Sections 14.2(b) and 14.3(c), PNOC-EDC shall be relieved of its obligations to make Capacity Payments in respect of any Power Plant which is unable to deliver energy due to a Force Majeure Act, affecting that Power Plant for the Affected Party provides a written notice to the other Party duration of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of such Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible ; provided, however, that in such an event the Force Majeure Act, c) The suspension of performance Cooperation Period shall be of no greater scope and no longer duration than is reasonably necessitated extended by the Force Majeure Act, d) The Affected Party shall provide same number of days as the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result duration of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyMajeure.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Actevent, that Party shall be excused from whatever performance of the Agreement to the extent it is affected by the Force Majeure Act to event provided. (A) the extent so affected, provided that: a) Within five Affected Party within 5 (5five) Business Days after the occurrence of the inability to perform prevention, delay or hindrance in the performance of its obligations due to a Force Majeure Act, the Affected Party event provides a written notice to the other Party that such an event has occurred and, within 15 (fifteen) Business Days of the occurrence of such events further notice specifying the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunderhereunder provided that where the Affected Party has give notice after the expiry of the aforesaid period of 5 (five) Business Days, the Affected Party shall be excused from performance of the Agreement only from the date of the notice and not from the date of the occurrence of the Force Majeure event; (B) the Affected Party continues to furnish periodic timely regular reports with respect thereto, every seven (7) days, thereto during the period of Force Majeure,; b(C) The the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance as soon as possible possible; (D) the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,event; d(E) The the Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall promptly thereupon resume normal performance of obligations under this Agreement with utmost promptitude,hereunder; e(F) The non-the non performance of any obligation of either Party that was required to be performed completed prior to the occurrence of a the Force Majeure Act event shall not be excused as a result of such subsequent Force Majeure Act,event; f(G) The the occurrence of a an event of Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period periods of subsistence Force Majeure. (H) the Force Majeure Act; and g) The Force Majeure Act, event shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party ; (I) both Parties shall exercise all reasonable efforts to mitigate or limit damages to the other Partyeach other.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Actevent, that Party shall be excused from whatever performance is affected by the Force Majeure Act event to the extent so affected, provided . It is further agreed that: (a) Within The nonperforming Party within five (5) Business Days after the occurrence its first becoming aware of the its inability to perform due to a Force Majeure Act, the Affected Party event provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic timely regular reports with respect thereto, every seven (7) days, thereto during the period of Force Majeure,; (b) The Affected nonperforming Party shall use all reasonable efforts to continue to perform its obligations hereunder and hereunder, to correct or cure as soon as possible the event or condition excusing performance and to mitigate or limit damages to the other Party; (c) Seller shall use reasonable efforts to ensure that in any future agreements with third parties, such third parties are not granted any rights to receive Coal from the Loading Facility during periods of force majeure under such agreements that are superior to Buyer's rights to receive coal from the Loading Facility during periods of Force Majeure hereunder; (d) Seller shall not be relieved from its obligations to supply Coal hereunder if and to the extent (i) Seller is not prevented or delayed by the Force Majeure Act,event from delivering Coal from the Reserves (or other currently used sources) through the Loading Facility or (ii) prior to the Force Majeure event Seller had been supplying Coal from a location other than the Loading Facility pursuant to Section 3.5(a) hereof and Seller is not prevented or delayed by the Force Majeure event from continuing to deliver Coal from such other location and is entitled to do so under any existing agreement for the supply of such coal; c(e) Seller shall not be relieved from its obligations to take, transport and dispose of Waste hereunder if and to the extent (i) Seller is not prevented or delayed by the Force Majeure event from taking, transporting and disposing of Waste at the Waste Disposal Site or (ii) prior to the Force Majeure event Seller had been disposing of Waste in a different manner than at the Waste Disposal Site pursuant to Section 5.3(b) hereof and Seller is not prevented or delayed by the Force Majeure event from continuing to take, transport and dispose of Waste in such other manner and is entitled to do so under any existing agreement for the disposal of such Waste; (f) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,event; d(g) The Affected nonperforming Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act event giving rise to the excuse from performance and shall thereupon promptly resume normal performance of obligations under this Agreement with utmost promptitude,hereunder; e(h) The non-performance of any No obligation of either Party that was required to be performed arose prior to the occurrence of a the Force Majeure Act event shall not be excused as a result of such subsequent occurrence; (i) The Force Majeure Act,event shall not operate to allow Seller to dispose of Waste in a manner other than as provided under this Agreement or to dispose of Hazardous Waste at the Waste Disposal Site; f(j) The occurrence A change in Applicable Laws affecting Waste taking, transportation and disposal services under this Agreement shall not constitute a Force Majeure event if and to the extent remediable under the provisions of Sections 6.5 or 6.6 hereof; (k) Nothing contained in Section 8.2(b) hereof shall require the settlement of any labor dispute, which shall be entirely within the discretion of the Party suffering the labor dispute. Notwithstanding the above, the Parties agree to use reasonable efforts to continue their respective operations during strikes; (l) Neither Party shall be excused as a result of a Force Majeure Act event from paying money amounts due under this Agreement; (m) Upon mutual agreement of the Parties, the term of this Agreement shall not relieve either Party from its obligations to make any payment hereunder be extended for performance rendered prior a period equal to the occurrence aggregate periods of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partyany part thereof.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder herein and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either The Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure ActEvent, that Party shall be excused from whatever performance is affected by the Force Majeure Act Event to the extent so affected, provided that: (a) Within five within 5 (5five) Business Days after the occurrence of the inability to perform due to a Force Majeure ActEvent, the Affected Party provides a written notice to the other Non-Affected Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, thereto to the other Party at an interval of every seven 7 (7seven) days, days during the period of a Force Majeure,Majeure Event; (b) The the Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure cure, as soon as possible possible, the Force Majeure Act,Event; (c) The the suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,Event; (d) The the Affected Party shall provide the other Non-Affected Party with prompt notice of the cessation of the Force Majeure Act Event giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; (e) The the non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act Event shall not be excused as a result of such subsequent Force Majeure Act,Event; (f) The the occurrence of a Force Majeure Act Event shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of the Force Majeure Act Event or for partial performance hereunder during period of subsistence the Force Majeure Act; andEvent; (g) The the Force Majeure Act, Event shall not relieve either Party from its obligation obligations to comply with Applicable Laws. The ; and (h) the Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyNon-Affected Party on account of its non-performance due to the Force Majeure Event.

Effect of Force Majeure. If an Event of Force Majeure prevents either Party is rendered wholly or partially unable to perform from performing any of its obligations under this Agreement because Agreement, and if such Party gives to the other Party Notice of a the Force Majeure Act(which Notice (i) shall identify the Event of Force Majeure and, to the extent known, the expected length of time during which the Event of Force Majeure will be in effect and the plan of the Party experiencing the Event of Force Majeure to correct or remove it and (ii) be delivered, but in no event later than forty-five (45) Days after the start of the Force Majeure Event), then the obligations of the Party giving such Notice are excused to the extent made necessary by the Event of Force Majeure and during its continuance, which time period shall be called the “Force Majeure Period.” However, an Event of Force Majeure shall excuse the obligations of the notifying Party only to the extent that the Party takes all commercially reasonable actions necessary to overcome the Event of Force Majeure with all reasonable dispatch. Only the Party suffering an Event of Force Majeure may claim Force Majeure; however, the other Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on obligations which depend upon the performance of its the obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during excused by the period Event of Force Majeure, b) The Affected . An attempt by the Party shall use all reasonable efforts to continue suffering an Event of Force Majeure to perform its obligations hereunder notwithstanding an Event of Force Majeure shall not constitute a waiver of the right to claim Force Majeure if such attempt proves unsuccessful. If a Party claims Force Majeure and shipments of Coal are suspended, neither Seller nor Buyer shall be required to correct make up or cure pay for any deficiency in Coal deliveries needed to satisfy the Annual Nomination as soon as possible adjusted pursuant to Section 4.3 for the Force Majeure Act, c) Period but the Parties shall, by mutual agreement, provide for the make-up of such suspended deliveries. The suspension Party affected by an Event of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result required to submit to unreasonable conditions or restrictions imposed by any governmental authority, or to submit to an unfavorable labor agreement. Any settlement of such subsequent Force Majeure Act, f) The occurrence labor disputes or grievances by workers shall be entirely within the sole discretion of a Force Majeure Act shall not relieve either the Party from its obligations to make any payment hereunder for performance rendered prior to affected by the occurrence of Force Majeure Act dispute or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partygrievance.

Effect of Force Majeure. If either ‌ Without prejudice to Article 15, if the Affected Party because of Force Majeure is rendered wholly or partially unable at any time to perform its obligations under this Agreement because for a period of a Force Majeure Actat least 24 hours, that the Affected Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent and for the period so affected, ; provided that: (a) Within five the Affected Party shall give notice (5a “Force Majeure Estimate”) Business to the other Parties (the “Non-Affected Party”) at each of the following times: (i) as soon as practicable, but in any event within seven (7) Working Days after the occurrence of the inability to perform due to a Force Majeure Act, Day on which the Affected Party provides a written notice became aware or should have become aware that an event of Force Majeure had occurred; (i) as soon as reasonably practicable when the Affected Party anticipates that it will be able to resume performance of its obligations under this Agreement. The Force Majeure Estimate given under paragraph (i) above shall contain the following information relating to the other Party event of the Force Majeure: (A) particulars of the occurrence, including an estimation of ; (B) the Affected Party's bona fide estimate of: (a) its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure,; (b) The the date that full performance will be resumed; and (c) the expected extent of the Affected Party's inability to perform; and (C) to the extent known or then ascertainable the reasons for the occurrence; (b) the Affected Party shall, to the extent required by and in accordance with Article 4.7, give or procure access for representatives of the Non-Affected Party to examine the scene of the event which gave rise to the claim of Force Majeure; (c) the Affected Party shall use promptly take all reasonable efforts such steps as would a Reasonable and Prudent Operator to continue remedy its inability to perform its obligations hereunder and to correct perform; provided, however, that the settlement of strikes, lockouts or cure as soon as possible the Force Majeure Act, c) The suspension of performance other labour or industrial disturbances shall be entirely within the discretion of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act,Affected Party; (d) The Affected Party shall provide the other Party with prompt notice provisions of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act Article shall not be excused as applicable to any obligation to pay money due, except in a result of such subsequent case where Force Majeure Act, f) The occurrence affects the means specified for making such payment, or the currency in which or the place at which such payment is to be made, in which case, the Parties shall agree alternative means, currency or place of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partypayment.

Effect of Force Majeure. If either by reason of Force Majeure a Party to this Agreement is rendered unable, wholly or partially unable partially, to perform or comply with its covenants and obligations hereunder, then the Party so affected by Force Majeure shall be relieved of its obligations under this Agreement because or liability and shall suffer no prejudice for failing to perform or comply during the continuance and to the extent of a the inability so caused from and after the happening of the event of Force Majeure, provided that the Party invoking Force Majeure Actgives to each other Party prompt notice, that written or oral (but if oral, promptly confirmed in writing) of such inability and reasonably full particulars of the cause thereof. If notice is not promptly given, then the Party shall be excused from whatever performance is affected by suffering the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days shall only be relieved from such performance or compliance from and after the occurrence giving of the inability to perform due to a such notice. The Party invoking Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue remedy the situation and remove, so far as possible and with reasonable dispatch, the cause of its inability to perform or comply, provided that settlement of strikes and other labour disputes shall be wholly within the discretion of the Party involved and such Party shall not be required to accede to demands of its obligations hereunder and to correct opponents in any such strike or cure as soon as possible the labour dispute. The Party invoking Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with give prompt notice of the cessation of the event of Force Majeure. Notwithstanding anything contained in this Article 9 an event of Force Majeure Act giving rise to shall not suspend any obligation for the excuse from performance and shall thereupon resume normal performance payment of obligations money under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to unless the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Event is one which prevents the Party invoking Force Majeure Act, f) The occurrence of a Force Majeure Act shall from making the payment. If payments are not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence made when due because an event of Force Majeure Act or for partial performance hereunder during period has directly effected the power of subsistence a Party to make the payments, then the Party not making the payments shall, at such time that the Force Majeure Act; and gis corrected and the Party recommences payment, pay interest on all of the unpaid amounts from the date that payment was due until the date paid at the Prime Rate plus two percent (2%) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partyper annum.

Effect of Force Majeure. If Force Majeure prevents either Party is rendered wholly or partially unable to perform from performing any of its obligations under this Agreement because Agreement, and if such Party gives to the other Party Notice of the Force Majeure (which Notice (i) shall identify the event of Force Majeure and, to the extent known, the expected length of time during which the event of Force Majeure will be in effect and the plan of the Party experiencing the Force Majeure to correct or remove it and (ii) be delivered promptly, but in no event later than ten (10) Days after the start of the Force Majeure event), then the obligations of the Party giving such Notice are excused to the extent made necessary by the Force Majeure and during its continuance, which time period shall be called the “Force Majeure Period.” An event of Force Majeure shall excuse the obligations of the notifying Party only to the extent that the Party takes all commercially reasonable actions necessary to overcome the Force Majeure with all reasonable dispatch. Only the Party suffering a Force Majeure Actmay claim Force Majeure relief; provided, however, that the other Party shall be excused from whatever its obligations which depend upon the performance is affected of the obligations excused by the Force Majeure Act to Majeure. An attempt by the extent so affected, provided that: a) Within five (5) Business Days after the occurrence Party suffering an event of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible notwithstanding the Force Majeure Act, c) The suspension shall not constitute a waiver of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the right to claim Force Majeure Act, d) if such attempt proves unsuccessful. The Affected Party shall provide the other Party with prompt notice of the cessation of the affected by Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent required to submit to unreasonable conditions or restrictions imposed by any governmental authority or contract counterparty to overcome the Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyMajeure.

Effect of Force Majeure. If either Party is rendered wholly or partially unable Event on the Agreement‌ 21.6.1 Upon the occurrence of any Force Majeure after the Appointed Date, the costs incurred and attributable to perform its obligations under such event and directly relating to this Agreement because (the “Force Majeure costs”) shall be allocated and paid as follows: (a) upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Act, that costs and neither Party shall be excused from whatever performance is affected by the Force Majeure Act required to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice pay to the other Party any costs thereof; (b) upon occurrence of the particulars of the occurrencean Indirect Political Event, including an estimation of its expected duration and probable impact on the performance of its obligations hereunderall Force Majeure costs attributable to such Indirect Political Event, and continues to furnish periodic reports with respect theretonot exceeding the Insurance Cover for such Indirect Political Event, every seven (7) daysshall be borne by the Contractor, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Authority to the Contractor for the Force Majeure Act,events; and (c) The suspension upon occurrence of performance a Political Event, all Force Majeure costs attributable to such Political Event shall be reimbursed by the Authority to the Contractor. For the avoidance of no greater scope and no longer duration than is reasonably necessitated by doubt, Force Majeure costs may include costs directly attributable to the Force Majeure Act,Event, but shall not include debt repayment obligations, if any, of the Contractor. d) The Affected 21.6.2 Save and except as expressly provided in this Article 21, neither Party shall provide be liable in any manner whatsoever to the other Party with prompt notice in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto. 21.6.3 Upon the occurrence of any Force Majeure Event during the Construction Period, the Project Completion Schedule for and in respect of the cessation affected Works shall be extended on a day for day basis for such period as performance of the Contractor’s obligations is affected on account of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from Event or its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partysubsisting effects.

Effect of Force Majeure. If either Party is rendered wholly unable by an event of Force Majeure to carry out, in whole or partially unable to perform in part, its obligations under this Agreement because of a Force Majeure ActAgreement, that such Party shall be excused from whatever performance is affected by (the Force Majeure Act to the extent so affected“Claiming Party”) will, provided that: a) Within five (5) Business Days as soon as practicable after the occurrence of the inability to perform due to a Force Majeure Actevent, the Affected Party provides a written notice to give the other Party of the particulars of the occurrencenotice thereof, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation details of the Force Majeure Act giving rise to event, the excuse from performance and shall thereupon resume normal date of its commencement, the anticipated duration if ascertainable, the performance of the Claiming Party that is prevented by the Force Majeure, and the actions being taken to mitigate the effects of the Force Majeure; provided, however, that Seller may give notice and details of any Force Majeure claims that are based on short-term or real-time interruption or curtailment of Transmission Service through the monthly settlement process. During the pendency of the Force Majeure but for no longer period, the Claiming Party will be excused from the obligations of the Claiming Party under this Agreement that are prevented by the Force Majeure. The Claiming Party will use commercially reasonable efforts to remedy the Force Majeure with utmost promptitude, e) The non-all reasonable dispatch. No Party will be relieved of liability for failure of performance of any obligation of either Party that was required to be performed prior to the occurrence extent that such failure is due to removable or remediable causes that such Party fails to remove or remedy within a reasonable time period. Notwithstanding any other provision of this Agreement, in no event will a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations excuse any obligation to make any payment hereunder payments due or becoming due under this Agreement for performance rendered prior to the occurrence event of Force Majeure Act Majeure. During a Force Majeure, the non-Claiming Party will not be required to perform or for partial make up performance hereunder during period of subsistence its obligations under this Agreement that correspond to the obligations of the Claiming Party that are excused by the Force Majeure Act; and g) The Force Majeure ActMajeure. For the avoidance of doubt, shall not relieve either Party from in the event that Buyer is claiming excuse of its obligation to comply with Applicable Lawsreceive the Hourly Energy Quantity and associated Environmental Attributes on the basis of Force Majeure, Seller may during the period of such excuse Schedule or sell all or any portion of the Hourly Energy Quantity and associated Environmental Attributes to any Person. The Affected Party shall exercise all reasonable efforts Upon resumption of Buyer’s ability to mitigate or limit damages perform under this Agreement, Seller will promptly resume deliveries of the Hourly Energy Quantity and associated Environmental Attributes to the other Party.Buyer.‌

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement (except an obligation to make payments hereunder) because of a Force Majeure Actevent, that Party shall be excused from whatever performance is affected by the Force Majeure Act event to the extent so affected, provided that: a) Within i. the non-performing Party within five (5) Business Days business days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party event provides a written notice to the other Party of the particulars of the occurrence, occurrence including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic timely regular reports with respect thereto, every seven (7) days, thereto during the period of Force Majeure,, except that if a Party has actual notice of Force Majeure the failure of the non-performing Party to give written notice thereof shall not be a breach of the Agreement; b) The Affected ii. the non-performing Party shall use all reasonable its best efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible remedy its inability to so perform; iii. the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected non-performing Party shall provide the other Party with prompt notice of the cessation of the event of Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of performance; iv. no obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed arose prior to the occurrence of a the event of Force Majeure Act Majeure, and no payment obligations whenever arising, shall not be excused as a result of such subsequent Force Majeure Act,occurrence; f) The occurrence v. the burden of a Force Majeure Act shall not relieve either Party from its obligations proof as to make any payment hereunder for performance rendered prior to the occurrence whether an event of Force Majeure Act or for partial performance hereunder during period has occurred shall be upon the Party claiming an event of subsistence Force Majeure ActMajeure; and g) The vi. if the event of Force Majeure Actcontinues for one hundred and eighty (180) consecutive days, shall not relieve either Party from its obligation shall have the right to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts terminate this Agreement without further liability to mitigate or limit damages to the other either Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) : Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) , The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) , The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act, d) , The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) , The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) , The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence of Force Majeure Act; and g) and The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If either Party is rendered wholly or partially unable Event on the Agreement‌ 21.6.1 Upon the occurrence of any Force Majeure after the Appointed Date, the costs incurred and attributable to perform its obligations under such event and directly relating to this Agreement because (the “Force Majeure costs”) shall be allocated and paid as follows: (a) upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Act, that costs and neither Party shall be excused from whatever performance is affected by the Force Majeure Act required to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice pay to the other Party any costs thereof; (b) upon occurrence of the particulars of the occurrencean Indirect Political Event, including an estimation of its expected duration and probable impact on the performance of its obligations hereunderall Force Majeure costs attributable to such Indirect Political Event, and continues to furnish periodic reports with respect theretonot exceeding the Insurance Cover for such Indirect Political Event, every seven (7) daysshall be borne by the Contractor, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the extent Force Majeure costs exceed such Insurance Cover, one half of such excess amount shall be reimbursed by the Employer to the Contractor for the Force Majeure Act,events; and (c) The suspension upon occurrence of performance a Political Event, all Force Majeure costs attributable to such Political Event shall be reimbursed by the Employer to the Contractor. For the avoidance of no greater scope and no longer duration than is reasonably necessitated by doubt, Force Majeure costs may include costs directly attributable to the Force Majeure Act,Event, but shall not include debt repayment obligations, if any, of the Contractor. d) The Affected 21.6.2 Save and except as expressly provided in this Article 21, neither Party shall provide be liable in any manner whatsoever to the other Party with prompt notice in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto. 21.6.3 Upon the occurrence of any Force Majeure Event during the Construction Period, the Project Completion Schedule for and in respect of the cessation affected Works shall be extended on a day for day basis for such period as performance of the Contractor’s obligations is affected on account of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from Event or its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partysubsisting effects.

Effect of Force Majeure. If either Party Event on the Agreement 21.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the Conditions Precedent period as set forth in Article 4 shall be extended by a period equal in length to the duration of the Force Majeure Event. 21.6.2 At any time after the Commencement of Operation, if any Force Majeure Event occurs whereupon the Service Provider is rendered wholly or partially unable to perform its obligations under this Agreement because of a provide the Telemedicine Services during the period for which Force Majeure Actexists, that no Video-consultation Fee shall be paid by the Authority to the Service Provider for the days on which the Telemedicine Equipment are not made available by the Service Provider and appropriate deductions shall be made by the Authority at the time of settling the amounts due towards the . However, the Service Provider shall not be liable to pay any Damages to the Authority in case it is unable to provide the Telemedicine Services on account of any Force Majeure Event. In such case the Term of the Agreement shall be extended by a period equal in length to the duration of the Force Majeure Event. 21.7 Allocation of costs arising out of Force Majeure 21.7.1 Upon occurrence of any Force Majeure Event prior to the Completion Date and during the Term, the Parties shall bear their respective costs and no Party shall be excused from whatever performance is affected by the Force Majeure Act required to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice pay to the other Party of the particulars of the occurrenceany costs thereof. 21.7.2 Save and except as expressly provided in this Article 21, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected neither Party shall use all reasonable efforts be liable in any manner whatsoever to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice in respect of the cessation any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of the occurrence or existence of any Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance Event or exercise of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Partyright pursuant hereto.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Act, that Party shall be excused from whatever performance is affected by the Force Majeure Act to the extent so affected, provided that: a) Within five (5) Business Days after 14.3.1 Upon the occurrence inability of the inability Affected Party to perform due to the occurrence of a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) daysdays from the date of such notice, during the period of Force Majeure,; b) 14.3.2 The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act,; c) 14.3.3 The suspension of performance shall be of no greater scope and duration no longer duration than is reasonably necessitated by the Force Majeure Act,; d) 14.3.4 The Affected Party shall provide the other Party with prompt written notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,; e) 14.3.5 The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,; f) 14.3.6 The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) 14.3.7 The Force Majeure Act, Act shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.

Effect of Force Majeure. If Force Majeure prevents either Party is rendered wholly from performing any of its obligations under this Agreement, and if such Party gives to the other Party Notice of the Force Majeure (which Notice (i) shall identify the event of Force Majeure and, to the extent known, the expected length of time during which the event of Force Majeure will be in effect and the plan of the Party experiencing the Force Majeure to correct or partially unable remove it and (ii) be delivered promptly, but in no event later than ten (10) Days after the start of the Force Majeure event), then the obligations of the Party giving such Notice are excused to the extent made necessary by the Force Majeure and during its continuance, which time period shall be called the “Force Majeure Period.” However, an event of Force Majeure shall excuse the obligations of the notifying Party only to the extent that the Party takes all commercially reasonable actions necessary to overcome the Force Majeure with all reasonable dispatch. Only the Party suffering an event of Force Majeure may claim Force Majeure relief; provided however, that the other Party shall be excused during the Force Majeure Period from its obligations which depend upon the performance of the obligations excused by the Force Majeure. An attempt by the Party suffering an event of Force Majeure to perform its obligations under this Agreement because notwithstanding the Force Majeure shall not constitute a waiver of the right to claim Force Majeure if such attempt proves unsuccessful. The Party affected by Force Majeure shall not be required to submit to unreasonable conditions or restrictions imposed by any Governmental Authority or acts of others such as strikes, lockouts or other industrial disturbances. In the event, and to the extent, a Force Majeure Actprevents Buyer from accepting Carbon, that Party Buyer’s obligation to accept Carbon hereunder shall be excused from whatever performance is affected by postponed during the Force Majeure Act Period but Buyer shall remain liable for the full amount of the Carbon Purchase Commitment hereunder; provided that the Term in which to complete the Carbon Purchase Commitment shall be extended for a duration equal to the extent so affected, provided that: a) Within five (5) Business Days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a written notice to the other Party of the particulars of the occurrence, including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, and continues to furnish periodic reports with respect thereto, every seven (7) days, during the period of Force Majeure, b) The Affected Party shall use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure as soon as possible the Force Majeure Act, c) The suspension of performance shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure Act, d) The Affected Party shall provide the other Party with prompt notice of the cessation of the Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude, e) The non-performance of any obligation of either Party that was required to be performed prior to the occurrence of a Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act, f) The occurrence of a Force Majeure Act shall not relieve either Party from its obligations to make any payment hereunder for performance rendered prior to the occurrence of Force Majeure Act or for partial performance hereunder during period of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyPeriod.

Effect of Force Majeure. If either Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Actevent, that Party shall be excused from whatever performance performance, other than an obligation to pay money, is affected by the Force Majeure Act event to the extent so affected, provided provided, that: a) Within A. The non-performing Party within five (5) Business Days business days after the occurrence of the inability to perform due to a Force Majeure Act, the Affected Party provides a event shall provide written notice to the other Party of the particulars of the occurrence, occurrence including an estimation of its expected duration and probable impact on the performance of its obligations hereunder, hereunder and continues shall continue to furnish periodic timely regular reports with respect thereto, every seven (7) days, thereto during the period of Force Majeure,, but provided that if a Party has actual notice of the occurrence and status of the condition of Force Majeure, the other Party shall not be required to give such notice; b) The Affected B. the non-performing Party shall use all reasonable its best efforts to continue to perform its obligations hereunder and to correct or cure remedy its inability to so perform (but such requirement shall not be construed to obligate a Party to accede to the demands of labor); Anker shall, at a minimum, allocate all of its available Coal supply and reserves and its Waste disposal capabilities on a pro rata basis among only ER&L and those other customers with whom Anker had firm contracts as soon as possible of the date the Force Majeure Act, c) The suspension condition commenced (or renewals on substantially the same terms as said original contracts); and ER&L shall, at a minimum, cause CSXT to allocate all of performance shall be its available transportation and handling facilities on a pro rata basis among only Anker and those other customers with whom CSXT has firm contracts as of no greater scope and no longer duration than is reasonably necessitated by the date the Force Majeure Act,condition commenced; and the non-performing Party shall notify the other Party promptly (but in no event later than three (3) days after the event of Force Majeure) of the proposed allocation method; d) The Affected C. the non-performing Party shall provide the other Party with prompt notice of the cessation of the event of Force Majeure Act giving rise to the excuse from performance and shall thereupon resume normal performance of obligations under this Agreement with utmost promptitude,performance; e) The non-performance of any D. no obligation of either Party that was required to be performed arose prior to the occurrence of a the event of Force Majeure Act shall not be excused as a result of such subsequent Force Majeure Act,occurrence; f) The occurrence of a Force Majeure Act shall not relieve E. if either Party is prevented for more than one hundred twenty (120) days during any twelve (12) month period during the term hereof from substantially fulfilling its obligations under this Agreement by an event of Force Majeure, the other Party may terminate this Agreement; provided, however, that ER&L may not terminate this Agreement pursuant to make any payment hereunder for performance rendered prior to the occurrence this paragraph if Anker is prevented from so fulfilling its obligations by an event of Force Majeure Act affecting CSXT or ER&L's arrangements for partial performance hereunder during period transportation of subsistence Force Majeure Act; and g) The Force Majeure Act, shall not relieve either Party from its obligation to comply with Applicable Laws. The Affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other PartyCoal and Waste.