Common use of FORCE Clause in Contracts

FORCE. MAJEURE ------------------------- A. The Contractor shall not be responsible for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control ("Force Majeure"), including but not limited to: delay in obtaining or failure to obtain any Permits (subject to the provisions of Sub-Article 7(D)); acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotion, mobilizations or military call-up, and acts of similar nature; revolution, rebellions, sabotage, and insurrections or riots; fires, floods, epidemics, quarantine restrictions; strikes, and other labor actions; freight embargoes; unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents, provided that (i) -------- a loss by Contractor of employees (other than by reasons of Force Majeure), (ii) strikes and other labor actions involving the Contractor's own work force, (iii) the first 5 days of unworkable weather (unless any such day occurs during the 30 days immediately preceding the then Scheduled System RFS Date or Scheduled Segment S RFS Date), (iv) the failure (other than by reason of force majeure) of any subcontractor, supplier or transporter to perform its obligations to Contractor (including on account of insolvency) unless such supplies or transportation or other services are generally unavailable in the marketplace, (v) the unavailability of any raw materials or components, unless such raw materials or components are generally unavailable in the marketplace or are unavailable by reason of force majeure or (vi) any increase in Contractor's costs, shall not in and of itself constitute Force Majeure. B. If any such Force Majeure causes an increase in the time required for performance of any of its duties or obligations, the Contractor shall be entitled to an equitable extension of time for completion of the Work or the Upgrade Work, as the case may be. C. Increase in cost due to Purchaser will be as provided for in Article 12, Purchaser's Obligations. D. The Contractor shall inform the Purchaser promptly with written notification, and in all cases within fourteen (14) days of discovery and knowledge, of any occurrence covered under this Article and shall use its reasonable efforts to minimize such additional delays. The Contractor shall promptly provide an estimate of the anticipated time required to complete the Work or the Upgrade Work. Contractor shall be entitled to an extension of time equal to at least one day for each day of delay resulting from the Force Majeure condition. E. Within thirty (30) days of receipt of such a notice from Contractor, the Purchaser and the Independent Engineer may provide a written response. The absence of a response shall be deemed as acceptance of Contractor's notice and request for additional time. F. If a Force Majeure continues for a total of two hundred (200) days, either Party may terminate the Contract by notice to the other and the Contract shall be deemed to have been terminated by Purchaser, effective on the date of the terminating Party's notice, in accordance with Sub-Article 14(A) and the remaining provisions of Article 14 shall apply to such termination.

FORCE. MAJEURE ------------------------- A. The Contractor shall not be responsible for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control ("Force Majeure"), including but not limited to: delay in obtaining or failure to obtain any Permits (subject to the provisions of Sub-Article 7(D)); acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotion, mobilizations or military call-up, and acts of similar nature; revolution, rebellions, sabotage, and insurrections or riots; fires, floods, epidemics, quarantine restrictions; strikes, and other labor actions; freight embargoes; unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents, provided that (i) -------- a loss by -------- Contractor of employees (other than by reasons of Force Majeure), (ii) strikes and other labor actions involving the Contractor's own work force, (iii) the first 5 days of unworkable weather (unless any such day occurs during the 30 days immediately preceding the then Scheduled System RFS Date or Scheduled Segment S RFS Date), (iv) the failure (other than by reason of force majeure) of any subcontractor, supplier or transporter to perform its obligations to Contractor (including on account of insolvency) unless such supplies or transportation or other services are generally unavailable in the marketplace, (v) the unavailability of any raw materials or components, unless such raw materials or components are generally unavailable in the marketplace or are unavailable by reason of force majeure or (vi) any increase in Contractor's costs, shall not in and of itself constitute Force Majeure. B. If any such Force Majeure causes an increase in the time or costs required for performance of any of its duties or obligations, the Contractor shall be entitled to an equitable extension of time for completion of the Work or the Upgrade Work, as the case may be, but not any adjustment in the Contract Price nor any reimbursement for any such additional costs incurred unless such additional costs are a direct consequence of Purchaser's acts. C. Increase in cost due to Purchaser will be as provided for in Article 12, Purchaser's Obligations. D. The Contractor shall inform the Purchaser promptly with written notification, and in all cases within fourteen (14) days of discovery and knowledge, of any occurrence covered under this Article and shall use its reasonable efforts to minimize such additional delays. The Contractor shall promptly provide an estimate of the anticipated time required to complete the Work or the Upgrade Work. Contractor shall be entitled to an equitable extension of time equal to at least one day for each day of delay resulting from the Force Majeure condition. E. Within thirty (30) days of receipt of such a notice from Contractor, the Purchaser and the Independent Engineer may provide a written response. The absence of a response shall be deemed as acceptance of Contractor's notice and request for additional time. F. If a Force Majeure continues for a total of two hundred (200) days, either Party may terminate the Contract by notice to the other and the Contract shall be deemed to have been terminated by Purchaser, effective on the date of the terminating Party's notice, in accordance with Sub-Article 14(A) and the remaining provisions of Article 14 shall apply to such termination. G. Every 45 days during the period of Force Majeure, the Parties shall meet and review the circumstances surrounding the Force Majeure, including, without limitation, the anticipated date of recommencing work.

FORCE. MAJEURE ------------------------- A. The Contractor shall not be responsible for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control ("Force Majeure"), including but not limited to: delay in obtaining or failure to obtain 43 39 any Permits (subject to the provisions of Sub-Article 7(D)); acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotion, mobilizations or military call-up, and acts of similar nature; revolution, rebellions, sabotage, and insurrections or riots; fires, floods, epidemics, quarantine restrictions; strikes, and other labor actions; freight embargoes; unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents, provided that (i) -------- a loss by Contractor of employees (other than by reasons of Force Majeure), (ii) strikes and other labor actions involving the Contractor's own work force, (iii) the first 5 days of unworkable weather (unless any such day occurs during the 30 days immediately preceding the then Scheduled System RFS Date or Scheduled Segment S RFS Date), (iv) the failure (other than by reason of force majeure) of any subcontractor, supplier or transporter to perform its obligations to Contractor (including on account of insolvency) unless such supplies or transportation or other services are generally unavailable in the marketplace, (v) the unavailability of any raw materials or components, unless such raw materials or components are generally unavailable in the marketplace or are unavailable by reason of force majeure or (vi) any increase in Contractor's costs, shall not in and of itself constitute Force Majeure. B. If any such Force Majeure causes an increase in the time required for performance of any of its duties or obligations, the Contractor shall be entitled to an equitable extension of time for completion of the Work or the Upgrade Work, as the case may be. C. Increase in cost due to Purchaser will be as provided for in Article 12, Purchaser's Obligations. D. The Contractor shall inform the Purchaser promptly with written notification, and in all cases within fourteen (14) days of discovery and knowledge, of any occurrence covered under this Article and shall use its reasonable efforts to minimize such additional delays. The Contractor shall promptly provide an estimate of the anticipated time required to complete the Work or the Upgrade Work. Contractor shall be entitled to an extension of time equal to at least one day for each day of delay resulting from the Force Majeure condition. E. Within thirty (30) days of receipt of such a notice from Contractor, the Purchaser and the Independent Engineer may provide a written response. The absence of a response shall be deemed as acceptance of Contractor's notice and request for additional time. F. If a Force Majeure continues for a total of two hundred (200) days, either Party may terminate the Contract by notice to the other and the Contract shall be deemed to have been terminated by Purchaser, effective on the date of the terminating Party's notice, in accordance with Sub-Article 14(A) and the remaining provisions of Article 14 shall apply to such termination.

FORCE. MAJEURE ----------------------------------- ------------- A. The Contractor shall not be responsible for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond its reasonable control ("Force Majeure"), including but not limited to: delay in obtaining or failure to obtain any Permits (subject to the provisions of Sub-Article 7(D)); acts of God or of the public enemy; acts or failure to act of any governmental authority; war or warlike operations, civil war or commotion, mobilizations or military call-up, and acts of similar nature; revolution, rebellions, sabotage, and insurrections or riots; fires, floods, epidemics, quarantine restrictions; strikes, and other labor actions; freight embargoes; unworkable weather; trawler or anchor damage; damage caused by other marine activity such as fishing, marine research and marine development; acts or omissions of transporters; or the acts or failure to act of any of the Purchaser, of its representatives or agents, provided that (i) -------- a loss by -------- Contractor of employees (other than by reasons of Force Majeure), (ii) strikes and other labor actions involving the Contractor's own work force, (iii) the first 5 days of unworkable weather (unless any such day occurs during the 30 days immediately preceding the then Scheduled System RFS Date or Scheduled Segment S RFS Date), (iv) the failure (other than by reason of force majeure) of any subcontractor, supplier or transporter to perform its obligations to Contractor (including on account of insolvency) unless such supplies or transportation or other services are generally unavailable in the marketplace, (v) the unavailability of any raw materials or components, unless such raw materials or components are generally unavailable in the marketplace or are unavailable by reason of force majeure or (vi) any increase in Contractor's costs, shall not in and of itself constitute Force Majeure. B. If any such Force Majeure causes an increase in the time required for performance of any of its duties or obligations, the Contractor shall be entitled to an equitable extension of time for completion of the Work or the Upgrade Work, as the case may be. C. Increase in cost due to Purchaser will be as provided for in Article 12, Purchaser's Obligations. D. The Contractor shall inform the Purchaser promptly with written notification, and in all cases within fourteen (14) days of discovery and knowledge, of any occurrence covered under this Article and shall use its reasonable efforts to minimize such additional delays. The Contractor shall promptly provide an estimate of the anticipated time required to complete the Work or the Upgrade Work. Contractor shall be entitled to an extension of time equal to at least one day for each day of delay resulting from the Force Majeure condition. E. Within thirty (30) days of receipt of such a notice from Contractor, the Purchaser and the Independent Engineer may provide a written response. The absence of a response shall be deemed as acceptance of Contractor's notice and request for additional time. F. If a Force Majeure continues for a total of two hundred (200) days, either Party may terminate the Contract by notice to the other and the Contract shall be deemed to have been terminated by Purchaser, effective on the date of the terminating Party's notice, in accordance with Sub-Article 14(A) and the remaining provisions of Article 14 shall apply to such termination.