Common use of FORCE MAJEURE CIRCUMSTANCES Clause in Contracts

FORCE MAJEURE CIRCUMSTANCES. 7.1. Parties shall be relieved of responsibility for partial or full non-fulfillment of their obligations under Contract if they prove that non-fulfillment or improper fulfillment of their obligations is the consequence of force majeure circumstances, i.e. extraordinary and unavoidable events, including: natural disasters, accidents, fires, mass riots, epidemics, violations of public order, strikes, military actions, illegal actions of third parties, any prohibition or restriction of monetary settlements of the National Bank of Ukraine, imposition of embargo on imports (exports) or other circumstances, adoption by public authorities of relevant acts that have arisen (become valid) after signing Contract and are beyond control of Parties. 7.2. Party which is affected by force majeure circumstances shall within 5 (five) business days after their occurrence notify the other Party in writing thereof and within 30 (thirty) business shall submit to other Party the documents issued by Ukrainian Chamber of Commerce and Industry or another state authority confirming the fact of such circumstances occurrence. 7.3. Failure of Party affected by force majeure circumstances to notify the other Party and / or failure to submit to other Party the documents issued by Ukrainian Chamber of Commerce and Industry or other state authority confirming the fact of force majeure circumstances occurrence shall divest the Party affected by force majeure to refer to them as the grounds for non-fulfillment and/or improper fulfillment of obligations under the Contract. 7.4. Terms for fulfilling obligations under the Contract shall be automatically continued / transferred for the duration of force majeure circumstances, provided that Party being affected by force majeure circumstances timely notified the other Party about their occurrence and provided to latter the document(s) issued by Ukrainian Chamber of Commerce and Industry or other state authority confirming the fact of force majeure circumstances occurrence. 7.5. If force majeure circumstances or their consequences last more than two months, or when it becomes evident that such circumstances will last more than two months, the Parties shall negotiate in order to identify ways acceptable to them to observe Contract or terminate it. 7.6. If Contract is terminated as agreed by Parties due to force majeure circumstances, neither Party shall be liable for failure to perform or improper performance of obligations under such Contract.