Common use of Efforts to Remove Condition Clause in Contracts

Efforts to Remove Condition. (a) A Party whose performance is adversely affected by an Event of Force Majeure shall promptly address and continuously exercise all reasonable efforts to mitigate and thereafter, overcome or remove, or both, the impact of the Event of Force Majeure. (b) In the event the Company claims that an Event of Force Majeure has occurred, the Company shall perform or cause to be performed, any obligation not prevented by the Event of Force Majeure, and shall use reasonable and diligent efforts to overcome and remove such Event of Force Majeure so that the Facility may Process Acceptable Waste and satisfy the Company’s obligations under this Agreement. Except as provided for in Section 4.5, the Company shall be solely liable for all insurance costs, deductibles and any other costs arising out of, resulting from or related in any way whatsoever to an Event of Force Majeure relative to the Facility and the Facility Site.