Common use of EXCUSE OF NONPERFORMANCE Clause in Contracts

EXCUSE OF NONPERFORMANCE. Neither IMC KALIUM, its partners and ------------------------- affiliates, and/or their agents, officers, directors, attorneys and/or employees, nor WAREHOUSEMAN, and/or its agents, officers, directors and/or employees, shall be responsible to the other for any failure to perform hereunder as a result of any cause beyond its reasonable control including, without limitation, acts of God, the public enemy, any accident, explosion, fire, storm, earthquake, flood, drought, strikes, lockouts, labor disputes, riots, sabotage, war (whether or not declared) or civil unrest, failure or delay of transportation beyond the reasonable control of the party affected thereby, inability to obtain supplies, equipment, fuel, power, labor or other operational necessity beyond the reasonable control of the party effected thereby, or interruption or curtailment of power supply, if the party claiming such inability to perform shall have promptly notified the other party, by telephone and by writing, of the existence and expected duration thereof and the estimated effect thereof on its ability to perform hereunder, and shall have proceeded diligently to correct such inability to perform to the extent reasonably possible. Should WAREHOUSEMAN fail to perform or become unable to perform loading or unloading or storage services for IMC KALIUM as a result of any such cause beyond its reasonable control, IMC KALIUM will be entitled to an abatement of any storage and guaranteed throughput charges hereunder, calculated pro rata on the respective storage or guaranteed throughput charge for the period of the failure. The party claiming an inability to perform shall promptly notify the other party when such inability has ceased to affect its ability to perform hereunder. Neither IMC KALIUM nor WAREHOUSEMAN shall be required to resolve labor disputes or disputes with suppliers of raw materials, supplies, equipment, fuel or power, except in accordance with such party's business judgment as to its best interest. Nevertheless, in the event of a work stoppage at the Facility due to strike or other labor difficulty, WAREHOUSEMAN will make all reasonable efforts to handle IMC KALIUM's Product with WAREHOUSEMAN's supervisory help.

EXCUSE OF NONPERFORMANCE. Neither IMC KALIUMIMC-AGRICO, its partners and ------------------------- affiliates, and/or their agents, officers, directors, attorneys and/or employees, nor WAREHOUSEMAN, and/or its agents, officers, directors and/or employees, shall be responsible to the other for any failure to perform hereunder as a result of any cause beyond its reasonable control including, without limitation, acts of God, the public enemy, any accident, explosion, fire, storm, earthquake, flood, drought, strikes, lockouts, labor disputes, riots, sabotage, war (whether or not declared) or civil unrest, failure or delay of transportation beyond the reasonable control of the party affected thereby, inability to obtain supplies, equipment, fuel, power, labor or other operational necessity beyond the reasonable control of the party effected thereby, or interruption or curtailment of power supply, if the party claiming such inability to perform shall have promptly notified the other party, by telephone and by writing, of the existence and expected duration thereof and the estimated effect thereof on its ability to perform hereunder, and shall have proceeded diligently to correct such inability to perform to the extent reasonably possible. Should WAREHOUSEMAN fail to perform or become unable to perform loading or unloading or storage services for IMC KALIUM IMC-AGRICO as a result of any such cause beyond its reasonable control, IMC KALIUM IMC-AGRICO will be entitled to an abatement of any storage and guaranteed throughput charges hereunder, calculated pro rata on the respective storage or guaranteed throughput charge for the period of the failure. The party claiming an inability to perform shall promptly notify the other party when such inability has ceased to affect its ability to perform hereunder. Neither IMC KALIUM IMC-AGRICO nor WAREHOUSEMAN shall be required to resolve labor disputes or disputes with suppliers of raw materials, supplies, equipment, fuel or power, except in accordance with such party's business judgment as to its best interest. Nevertheless, in the event of a work stoppage at the Facility due to strike or other labor difficulty, WAREHOUSEMAN will make all reasonable efforts to handle IMC KALIUMIMC-AGRICO's Product with WAREHOUSEMAN's supervisory help.