Common use of Events Beyond Control of a Party Clause in Contracts

Events Beyond Control of a Party. As used in Section 11.1, an event shall be deemed to be beyond the control of the party claiming excuse if such party is unable to avoid or overcome such event despite the exercise of due diligence. A strike or other labor dispute shall be deemed to be beyond the control of the party whose performance is interrupted or prevented by such strike or labor dispute, and the settlement of such strike or labor dispute shall be at the sole discretion of such party. Economic hardship, by itself, experienced by a party in carrying out its obligations hereunder shall not be deemed to be an event beyond the control of such party. Subject to the foregoing, a party claiming excuse by reason of a Force Majeure event shall exercise commercially reasonable good faith efforts to remedy or overcome such event as soon as practicable under all the circumstances. In the event that the parties are unable in good faith to agree that a Force Majeure event has occurred, the parties shall submit the dispute for arbitration pursuant to Article XVIII, and the burden of proof as to whether an event of Force Majeure has occurred shall be upon the party claiming an event of Force Majeure.