Common use of FORCE MAJEURE CIRCUMSTANCES Clause in Contracts

FORCE MAJEURE CIRCUMSTANCES. 16.1. Parties shall be exempt from the liability arising from full or partial failure to perform contractual obligations during the effect of the insurmountable force [force majeure], provided that such failure is caused by the direct impact of the insurmountable force. Force majeure shall include the circumstances which did not exist by the time the present agreement was processed and the parties were not in the position to prevent or overcome such occurrence or impact. In particular: natural disasters, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption of the legal acts which make it impossible to perform contractual obligations etc. 16.2. if any of the above indicated circumstances have direct impact on the effective terms of performance of assumed contractual obligations, in such case, performance of the assumed liabilities shall be deferred until liquidation of force-majeure circumstances. 16.3. the party, to which is facing the force-majeure circumstances is obliged to notify the other party within the reasonable term but no later than 5(five) banking day, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it shall loose the right to allege to presence force-majeure, as a ground for exempting from the liability. 16.4. with regard force-majeure circumstance(s) referred in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects their authenticity, within 30 (thirty) calendar days after receiving the notice on the force-majeure circumstance(s) by the respective party or after sending the notice by the respective party on expression of doubt about presence of the force-majeure circumstance(s) to the other party, the existence of the force-majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. if the effect of force-majeure continues longer than 30 (thirty) calendar days from the date of receiving the notice on force-majeure circumstance(s) by the respective party or the conclusions of the respective body on presence of the force-majeure circumstance(s), in 15 (fifteen) calendar days after passing the indicated 30 (thirty) calendar days the parties should decide the fate of the agreement, otherwise any party to the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreement.

FORCE MAJEURE CIRCUMSTANCES. 16.1. 16.1 Parties shall be exempt from the liability arising from full or partial failure to perform contractual obligations during the effect of the an insurmountable force [force majeure], provided that such failure is caused by the direct impact of the insurmountable force. Force A force majeure shall include the circumstances which did not exist by at the time the present agreement was processed created and the parties were not in the a position to prevent or overcome such occurrence or impact. In particular: natural disasters, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption of the legal acts which make it impossible to perform contractual obligations obligations, etc. 16.2. if 16.2 If any of the above indicated circumstances have a direct impact on the effective terms of performance of the assumed contractual obligations, in such case, the performance of the assumed liabilities shall be deferred until liquidation of force-the force- majeure circumstances. 16.3. the party, to 16.3 The party which is facing the force-majeure circumstances is obliged to notify the other party within the a reasonable term term, but no later than 5(five5 (five) banking daydays, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it they shall loose lose the right to allege to the presence of a force-majeure, majeure as a ground for exempting exemption from the liability. 16.4. with 16.4 With regard to the force-majeure circumstance(s) referred to in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects doubts their authenticity, within 30 (thirty) calendar days after receiving the notice on of the force-majeure circumstance(s) by the respective party party, or after the sending the of a notice by the respective party on expression of doubt about the presence of the force-majeure circumstance(s) to the other party, the existence of the force-majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. if 16.5 If the effect of force-majeure continues longer than 30 (thirty) calendar days from the date of receiving receipt of the notice on force-force- majeure circumstance(s) by the respective party party, or the conclusions of the respective body on the presence of the force-majeure circumstance(s), in 15 (fifteen) calendar days after passing the indicated 30 (thirty) calendar days days, the parties should decide the fate of the agreement, otherwise any party to the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreement.

FORCE MAJEURE CIRCUMSTANCES. 16.1. 16.1 Parties shall be exempt from the liability arising from full or partial failure to perform contractual obligations during the effect of the insurmountable force [force majeure], provided that such failure is caused by the direct impact of the insurmountable force. Force majeure shall include the circumstances which did not exist by the time the present agreement was processed and the parties were not in the position to prevent or overcome such occurrence or impact. In particular: natural disasters, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption of the legal acts which make it impossible to perform contractual obligations etc. 16.2. 16.2 if any of the above indicated circumstances have direct impact on the effective terms of performance of assumed contractual obligations, in such case, performance of the assumed liabilities shall be deferred until liquidation of force-majeure circumstances. 16.3. 16.3 the party, to which is facing the force-majeure circumstances is obliged to notify the other party within the reasonable term but no later than 5(five) banking day, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it shall loose the right to allege to presence force-majeure, as a ground for exempting from the liability. 16.4. 16.4 with regard force-majeure circumstance(s) referred in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects their authenticity, within 30 (thirty) calendar days after receiving the notice on the force-majeure circumstance(s) by the respective party or after sending the notice by the respective party on expression of doubt about presence of the force-majeure circumstance(s) to the other party, the existence of the force-majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. 16.5 if the effect of force-majeure continues longer than 30 (thirty) calendar days from the date of receiving the notice on force-majeure circumstance(s) by the respective party or the conclusions of the respective body on presence of the force-majeure circumstance(s), in 15 (fifteen) calendar days after passing the indicated 30 (thirty) calendar days the parties should decide the fate of the agreement, otherwise any party to the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreement.

FORCE MAJEURE CIRCUMSTANCES. 16.141.1. Parties shall Force Majeure circumstances mean any event (for example, a war, rebellion, civil strike or unrest, embargo, fire, earthquake, hurricane, volcano eruption and other natural disasters), which cannot be exempt from reasonably controlled by the liability arising from full Party, that must fulfil a concrete obligation, and which could not be foreseen or partial avoided by this Party, and which makes it impossible to fully or partially to fulfil the above mentioned obligation of the Party. The lack of funds or the impossibility to fulfil financial obligations is not considered to be Force Majeure circumstances. 41.2. The Party’s failure to perform contractual obligations during fulfil obligations, provided in the Agreement, under the Force Majeure, is not considered to be the violation of the Agreement or default, and it is not subject to any sanctions, if the Party, which experienced the effect of Force Majeure circumstances, made all possible efforts to reduce the insurmountable force [force majeure]damage, provided that such failure is caused by such circumstances or used all the direct impact necessary measures in order to fulfil its obligations under the Agreement. The Party which could not fulfil the obligations shall prove the circumstances, specified in Paragraph 41.2 of the insurmountable forceAgreement. 41.3. In the event of Force majeure Majeure, the party, which experienced its effect shall include submit to other Parties a primary written notice about the occurrence of these circumstances which did and a brief description of their content not exist by later than within [state the time period, recommended period – 3 (three) Business days] from the present agreement was processed moment of occurrence of the circumstances. 41.4. Not later than within [state the time period, recommended period – 5 (five) Business days] after the submission of the primary notification, the Party, which experienced Force Majeure effect, shall submit a detailed written report to other Parties. It must contain all the information, related to disorders of the fulfilment of obligations under the Agreement, such as: Force Majeure effect on the Party’s ability to fulfil its obligations under the Agreement, the dates of the emergence and the parties were not in expected disappearance of Force Majeure and the position to prevent or overcome such occurrence or impact. In particular: natural disastersperiod, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption necessary for the eliminating of the legal acts which make it impossible to perform contractual obligations consequences, caused by these circumstances, etc. 16.241.5. if any At the end of Force Majeur, not later than within [state the above indicated circumstances have direct impact on time period, recommended period - 3 (three) days], the effective terms of performance of assumed contractual obligationsParty, in such casewhich experienced its effect, performance of the assumed liabilities shall be deferred until liquidation of force-majeure circumstances. 16.3. the party, to which is facing the force-majeure circumstances is obliged to notify the other party within the reasonable term but no later than 5(five) banking day, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it shall loose the right to allege to presence force-majeure, as a ground for exempting from the liability. 16.4. with regard force-majeure circumstance(s) referred in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects their authenticity, within 30 (thirty) calendar days after receiving the notice on the force-majeure circumstance(s) by the respective party or after sending the notice by the respective party on expression of doubt about presence parties of the force-majeure circumstance(s) to the other party, the existence of the force-majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. if the effect of force-majeure continues longer than 30 (thirty) calendar days from Agreement and shall indicate the date of receiving the notice on force-majeure circumstance(s) by renewal of the respective party or fulfilment of its obligations. 41.6. The terms of the conclusions fulfilment of the respective body on presence obligations of the force-majeure circumstance(s)Party, in 15 (fifteen) calendar days after passing which is unable to fulfil its obligations under the indicated 30 (thirty) calendar days Agreement due to Force Majeure, shall be renewed as long as it is objectively necessary for the parties should decide Force Majeure influence, but with regard to the fate maximum validity term of the agreementAgreement, otherwise any party to specified in Paragraph 5 of the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreementAgreement.

FORCE MAJEURE CIRCUMSTANCES. 16.1. Parties shall be exempt from the liability arising from full or partial failure to perform contractual obligations during the effect of the insurmountable force [force majeure], provided that such failure is caused by the direct impact of the insurmountable force. Force majeure shall include the circumstances which did not exist by the time the present agreement was processed and the parties were not in the position to prevent or overcome such occurrence or impact. In particular: natural disasters, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption of the legal acts which make it impossible to perform contractual obligations etc. 16.2. if any of the above indicated circumstances have direct impact on the effective terms of performance of assumed contractual obligations, in such case, performance of the assumed liabilities shall be deferred until liquidation of force-force- majeure circumstances. 16.3. the party, to which is facing the force-majeure circumstances is obliged to notify the other party within the reasonable term but no later than 5(five) banking day, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it shall loose the right to allege to presence force-majeure, as a ground for exempting from the liability. 16.4. with regard force-majeure circumstance(s) referred in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects their authenticity, within 30 (thirty) calendar days after receiving the notice on the force-majeure circumstance(s) by the respective party or after sending the notice by the respective party on expression of doubt about presence of the force-majeure circumstance(s) to the other party, the existence of the force-force- majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. if the effect of force-majeure continues longer than 30 (thirty) calendar days from the date of receiving the notice on force-majeure circumstance(s) by the respective party or the conclusions of the respective body on presence of the force-force- majeure circumstance(s), in 15 (fifteen) calendar days after passing the indicated 30 (thirty) calendar days the parties should decide the fate of the agreement, otherwise any party to the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreement.

FORCE MAJEURE CIRCUMSTANCES. 16.1. 16.1 Parties shall be exempt from the liability arising from full or partial failure to perform contractual obligations during the effect of the an insurmountable force [force majeure], provided that such failure is caused by the direct impact of the insurmountable force. Force A force majeure shall include the circumstances which did not exist by at the time the present agreement was processed created and the parties were not in the a position to prevent or overcome such occurrence or impact. In particular: natural disasters, fire, strike, military action, blockade, malfunctioning of devices, damage of program software, adoption of the legal acts which make it impossible to perform contractual obligations obligations, etc. 16.2. if 16.2 If any of the above indicated circumstances have a direct impact on the effective terms of performance of the assumed contractual obligations, in such case, the performance of the assumed liabilities shall be deferred until liquidation of the force-majeure circumstances. 16.3. the party, to 16.3 The party which is facing the force-majeure circumstances is obliged to notify the other party within the a reasonable term term, but no later than 5(five5 (five) banking daydays, about the relevant force-majeure circumstance(s) and its/their presumable duration, otherwise, it they shall loose lose the right to allege to the presence of a force-majeure, majeure as a ground for exempting exemption from the liability. 16.4. with 16.4 With regard to the force-majeure circumstance(s) referred to in the notification, unless they are not generally acknowledged facts (circumstances) or the other party suspects doubts their authenticity, within 30 (thirty) calendar days after receiving the notice on of the force-majeure circumstance(s) by the respective party party, or after the sending the of a notice by the respective party on expression of doubt about the presence of the force-majeure circumstance(s) to the other party, the existence of the force-majeure circumstance(s) should be validated by the authorized body determined by the legislation. 16.5. if 16.5 If the effect of force-majeure continues longer than 30 (thirty) calendar days from the date of receiving receipt of the notice on force-majeure circumstance(s) by the respective party party, or the conclusions of the respective body on the presence of the force-majeure circumstance(s), in 15 (fifteen) calendar days after passing the indicated 30 (thirty) calendar days days, the parties should decide the fate of the agreement, otherwise any party to the agreement shall be authorized to terminate the agreement, according to the regulation determined by this agreement.