Common use of Force Majeure Claim Clause in Contracts

Force Majeure Claim. If, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure to the extent it is unable to perform due to the Force Majeure; provided: the Claiming Party, no more than four (4) Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; the Claiming Party provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement and that the Force Majeure prevents the Claiming Party from performing the obligations; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.

Force Majeure Claim. IfSubject to Section 8.02(f), if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent it is unable to perform due to the Force Majeureso affected; provided: the Claiming Party, no more than four five (45) Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; the Claiming Party Party, within five (5) Business Days, of providing Notice of occurrence of the Force Majeure, provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement and that the Force Majeure prevents the Claiming Party from performing the obligationsAgreement; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.. ARTICLE sixteen