Common use of Force majeure events and suspension Clause in Contracts

Force majeure events and suspension. 18.1.1 If a Force Majeure event occurs, the Parties’ obligations towards each other shall be suspended for the time being to the extent that they cannot be performed due to the Force Majeure event, provided that the Force Majeure situation is notified to the other Party with supporting arguments‌ and particulars describing the nature and extent of the Force Majeure event. The notice must be received within ten (10) Business Days after the Party in question finds or should have found a Force Majeure event to have occurred. 18.1.2 To this effect, Force Majeure is defined as an event: a) outside the control of the Parties, and of a certain qualified nature (e.g. terrorism, sabotage, war, hostilities, riots, nuclear or natural disasters, epidemics and evacuation; while this list is not exhaustive, only events of a comparable nature shall be included); b) unforeseeable or not reasonably foreseeable at the deadline for submission of the Opera- tor’s Best and Final Offer; and furthermore, c) not possible to overcome; neither by investments of work, nor money, etc. 18.1.3 For the avoidance of doubt, industrial disputes, strikes and events of a similar nature concerning the Operator or a Sub-Supplier shall not be regarded as Force Majeure.‌ 18.1.4 If the Operator’s failure to perform under the Contract is due to failure by a third party that the Operator has engaged to perform the whole or a part of the Contract the Operator is exempt from performing his obligation only if: a) the Operator is exempt under clauses 18.1.1-18.1.3; and b) the person whom the Operator has engaged would be so exempt if clauses 18.1.1-18.1.3 were applied to him.

Appears in 4 contracts

Samples: Contract on Subsidy for Carbon Capture, Transport and Storage, Contract on Subsidy for Carbon Capture, Transport and Storage, Contract on Subsidy for Carbon Capture, Transport and Storage

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Force majeure events and suspension. 18.1.1 22.1.1 If a Force Majeure event occurs, the Parties’ obligations towards each other shall be suspended for the time being to the extent that they cannot be performed due to the Force Majeure event, provided that the Force Majeure situation is notified to the other Party with supporting arguments‌ arguments and particulars describing the nature and extent of the Force Majeure event. The notice must be received within ten (10) Business Days after the Party in question finds or should have found a Force Majeure event to have occurred. 18.1.2 22.1.2 To this effect, Force Majeure is defined as an event: a) outside the control of the Parties, and of a certain qualified nature (e.g. terrorism, sabotage, war, hostilities, riots, nuclear or natural disasters, epidemics and evacuation; while this list is not exhaustive, only events of a comparable nature shall be included); b) unforeseeable or not reasonably foreseeable at the deadline for submission of the Opera- tor’s Best and Final Offeroffer; and furthermore, c) not possible to overcome; neither by investments of work, nor money, etc. 18.1.3 22.1.3 For the avoidance of doubt, industrial disputes, strikes and events of a similar nature concerning the Operator or a Sub-Supplier shall not be regarded as Force Majeure.‌Majeure. 18.1.4 22.1.4 If the Operator’s failure to perform under the Contract is due to failure by a third party that the Operator has engaged to perform the whole or a part of the Contract the Operator is exempt from performing his obligation only if: a) the Operator is exempt under clauses 18.1.122.1.1-18.1.322.1.3; and b) the person whom the Operator has engaged would be so exempt if clauses 18.1.122.1.1-18.1.3 22.1.3 were applied to him.

Appears in 3 contracts

Samples: Contract on Subsidy for Negative Emissions Carbon Capture, Transport and Storage, Contract on Subsidy for Negative Emissions Carbon Capture, Transport and Storage, Contract on Subsidy for Negative Emissions Carbon Capture, Transport and Storage

Force majeure events and suspension. 18.1.1 If a Force Majeure event occurs, the Parties’ obligations towards each other shall be suspended for the time being to the extent that they cannot be performed due to the Force Majeure event, provided that the Force Majeure situation is notified to the other Party with supporting arguments‌ arguments and particulars describing the nature and extent of the Force Majeure event. The notice must be received within ten (10) Business Days after the Party in question finds or should have found a Force Majeure event to have occurred.occurred.‌ 18.1.2 To this effect, Force Majeure is defined as an event: a) outside the control of the Parties, and of a certain qualified nature (e.g. terrorism, sabotage, war, hostilities, riots, nuclear or natural disasters, epidemics and evacuation; while this list is not exhaustive, only events of a comparable nature shall be included); b) unforeseeable or not reasonably foreseeable at the deadline for submission of the Opera- tor’s Best and Final Offer; and furthermore, c) not possible to overcome; neither by investments of work, nor money, etc. 18.1.3 For the avoidance of doubt, industrial disputes, strikes and events of a similar nature concerning the Operator or a Sub-Supplier shall not be regarded as Force Majeure.‌ 18.1.4 If the Operator’s failure to perform under the Contract is due to failure by a third party that the Operator has engaged to perform the whole or a part of the Contract the Operator is exempt from performing his obligation only if: a) the Operator is exempt under clauses 18.1.1-18.1.3; and b) the person whom the Operator has engaged would be so exempt if clauses 18.1.1-18.1.3 were applied to him.

Appears in 2 contracts

Samples: Contract on Subsidy for Carbon Capture, Transport and Storage, Contract on Subsidy for Carbon Capture, Transport and Storage

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Force majeure events and suspension. 18.1.1 23.1.1 If a Force Majeure event occurs, the Parties’ obligations towards each other shall be suspended for the time being to the extent that they cannot be performed due to the Force Majeure event, provided that the Force Majeure situation is notified to the other Party with supporting arguments‌ arguments and particulars describing the nature and extent of the Force Majeure event. The notice must be received within ten (10) Business Days after the Party in question finds or should have found a Force Majeure event to have occurred. 18.1.2 23.1.2 To this effect, Force Majeure is defined as an event: a) outside the control of the Parties, and of a certain qualified nature (e.g. terrorism, sabotage, war, hostilities, riots, nuclear or natural disasters, epidemics and evacuation; while this list is not exhaustive, only events of a comparable nature shall be included); b) unforeseeable or not reasonably foreseeable at the deadline for submission of the Opera- tor’s Best and Final Offeroffer; and furthermore, c) not possible to overcome; neither by investments of work, nor money, etc. 18.1.3 23.1.3 For the avoidance of doubt, industrial disputes, strikes and events of a similar nature concerning the Operator Operator, or a Sub-Supplier shall not be regarded as Force Majeure.‌Majeure. 18.1.4 23.1.4 If the Operator’s failure to perform under the Contract is due to failure by a third party that the Operator has engaged to perform the whole or a part of the Contract the Operator is exempt from performing his obligation only if: a) the Operator is exempt under clauses 18.1.123.1.1-18.1.323.1.3; and b) the person whom the Operator has engaged would be so exempt if clauses 18.1.123.1.1-18.1.3 23.1.3 were applied to him.

Appears in 1 contract

Samples: Contract on Subsidy for Carbon Capture, Transport and Storage

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