Common use of MAJEURE Clause in Contracts

MAJEURE. 17.1 Neither Party shall be liable for any delay or failure to perform all or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out of the failure to perform its obligations to the extent that such failure or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Event. 17.2 Where a Party is (or claims to be) affected by a Force Majeure Event it shall use reasonable endeavours to mitigate the consequences of such a Force Majeure Event upon the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is prevented or delayed in the performance of its obligations under these Terms and Conditions by a Force Majeure Event, that Party shall as soon as reasonably practicable serve notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations. 17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the other. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.

MAJEURE. 17.1 Neither Party 26.1 Subject to Clause 26.2, neither party shall be liable to the other for any Losses of any kind whatsoever, including but not limited to any damages, whether directly or indirectly caused to or incurred by the other party to the extent such Losses arise by reason of any failure or delay in the performance of its obligations hereunder which is due to Force Majeure. 26.2 The party claiming to be prevented or failure to perform all or delayed in the performance of any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out this Agreement by reason of the failure to perform its obligations to the extent that such failure or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will shall use reasonable endeavours to continue to perform its obligations hereunder during under this Agreement without being obliged to incur any significant additional cost to bring the Force Majeure Eventto a close or to find a solution by which the Agreement may be performed despite the continuance of the Force Majeure event. 17.2 Where a Party 26.3 If either party shall become aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part, it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is (estimated that such failure or claims to be) delay may continue. If Force Majeure continues for seven days or longer the Global Governance Panel shall be notified by the party affected by a such Force Majeure Event it shall use reasonable endeavours and requested to mitigate the consequences decide upon a course of such action. 26.4 It is agreed that any failure by a Force Majeure Event upon the performance of party to perform or any delay by a party in performing its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is prevented this Agreement which results from any failure or delayed delay in the performance of its obligations under these Terms and Conditions by any person, firm or company with which such party shall have entered into any contract, supply arrangement or sub-contract or otherwise shall be regarded as a failure or delay due to Force Majeure Eventonly in the event that such person, that Party firm or company shall itself be prevented from or delayed in complying with its obligations under such contract, supply arrangement or sub-contract or otherwise as soon as reasonably practicable serve a result of circumstances which would be Force Majeure for the purposes of this Agreement. 26.5 If an event of Force Majeure arises and continues for a period of 6 months which materially prevents or hinders Exult or its Affiliates from undertaking or completing the Due Diligence Exercise, and Exult, BPA and their respective Affiliates from entering into Country Agreements, in one or more Countries (the "Affected Countries"), then either party may at any time by notice terminate the parties' obligations in writing relation to Clause 2 (Structure of Framework Agreement on the other Party specifying the nature Country Take On) and extent Clause 7 (Exclusivity) in respect of the circumstances giving rise "Affected Countries" and for the avoidance of doubt, in such circumstances: 26.5.1 Neither party shall be obliged to fulfil its failure obligations in relation to perform the procedures for Country take on in respect of the Affected Countries as set out in Clause 2; and 26.5.2 BPA and BPA Affiliates shall have the right to obtain human resources services (including the Services) directly from within BPA from a BPA Affiliate or any anticipated delay from a third party in performance respect of its obligationsthe Affected Countries. 17.4 Subject 26.6 If, following the entry into Country Agreements for each of the Countries, all of the Country Agreements have been terminated by reason of Force Majeure pursuant to service the terms of those Country Agreements, either party may terminate this Agreement on written notice, such termination to take effect immediately after the date of receipt of such notice, . In the Party affected by event of such circumstances termination the provisions of Clause 12 (Consequences of Termination) shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligationsapply. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the other. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.

MAJEURE. 17.1 Neither Party Subject to the remaining provisions of this clause 21, neither party to this Agreement shall be liable for any delay or failure to perform all or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss delay or damage arising out non-performance of the failure to perform its obligations under this Agreement to the extent that such failure or delay results from non-performance is due to a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Event. 17.2 Where a Party In the event that either party is (delayed or claims to be) affected prevented from performing its obligations under this Agreement by a Force Majeure Event it shall Event, such party shall: (a) give notice in writing of such delay or prevention to the other party as soon as reasonably possible, stating the commencement date and extent of such delay or prevention, the cause thereof and its estimated duration; (b) use all reasonable endeavours to mitigate the consequences effects of such a Force Majeure Event upon delay or prevention on the performance of its obligations under these Terms and Conditions, and to this Agreement; and (c) resume the performance of its obligations affected by as soon as reasonably possible after the removal of the cause of the delay or prevention. 17.3 A party cannot claim relief if the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is prevented attributable to that party's wilful act, neglect, or delayed in failure to take reasonable precautions against the performance of its obligations under these Terms and Conditions by a relevant Force Majeure Event, that Party shall as soon as reasonably practicable serve notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations. 17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by The Parish cannot claim relief if the Force Majeure Event only is one where a reasonable Parish should have foreseen and provided for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations the cause in order for it to perform its obligationsquestion. 17.5 The Party claiming relief As soon as practicable following the affected party's notification, the parties shall notify the consult with each other in writing as soon as good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of this agreement. Where the Parish is the affected party, it shall take and/or procure the taking of all steps to overcome or minimise the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumedin accordance with Best Industry Practice. 17.6 If any The affected party shall notify the other party as soon as practicable after the Force Majeure Event ceases or no longer causes the Purchaser or NHSBT affected party to be unable to comply with its obligations hereunder under this Agreement. Following such notification, this Agreement shall continue to a material extent for thirty (30) days or more, either Party may by serving notice be performed on the other terminate this Contract with immediate effect and neither Party shall have any liability to terms existing immediately before the otheroccurrence of the Force Majeure Event unless agreed otherwise by the parties. 17.7 Any rights The Council may, during the continuance of any Force Majeure Event, terminate this Agreement by written notice to the Parish if a Force Majeure Event occurs that affects all or a substantial part of the Services and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditionswhich continues for more than 20 Working Days.

MAJEURE. 17.1 10.1 Neither Party shall be liable for any delay or failure to perform all or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out of the failure to perform its obligations to the extent that such failure default or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Event. 17.2 Where a Party is (or claims to be) affected by a Force Majeure Event it shall use reasonable endeavours to mitigate the consequences of such a Force Majeure Event upon the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is prevented or delayed in the performance of its obligations under these Terms this Agreement if and Conditions to the extent such default or delay is caused, directly or indirectly, by fire, flood, lightning, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions, or any other cause beyond the reasonable control of such Party; provided, however, that the non-performing Party is without fault in causing such default or delay, and such default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans or other means (any such event a "FORCE MAJEURE EVENT"). Notwithstanding the foregoing, the failure of a supplier or subcontractor of Vendor to perform under its arrangement with Vendor shall not constitute a Force Majeure Event for Vendor unless such failure by such supplier or subcontractor is itself is caused by a Force Majeure Event. 10.2 For any Force Majeure Event, the non-performing Party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such Party continues to use its best efforts to recommence performance or observance whenever and to whatever extent possible without delay. Any Party so delayed in its performance shall immediately notify the Party to whom performance is due by telephone (to be confirmed in writing within [**] [**] business days of the inception of such delay) and describe at a reasonable level of detail the circumstances causing such delay. To the extent a Party can reasonably anticipate in advance that such Party's performance is going to be delayed by a Force Majeure Event, that such Party shall as soon as reasonably practicable serve notice in writing on immediately notify the other Party specifying the nature of such anticipated delay and extent describe at a reasonable level of detail the circumstances giving rise to its failure to perform or any that may cause such anticipated delay in performance of its obligationsdelay. 17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the 10.3 If Force Majeure Event only substantially prevents, hinders, or delays Vendor's performance for so long more than [**] [**] consecutive calendar days, then at AOL's option: (i) AOL may terminate or modify any affected portion of any order, or terminate any affected portion of this Agreement, and the charges payable hereunder shall be equitably adjusted to reflect such termination; or (ii) AOL may terminate this Agreement in its entirety without liability to Vendor as such circumstances continue and of a date specified by AOL in a written notice of termination to Vendor. Vendor shall not have the right to any additional payments from AOL for such time after they cease costs or expenses incurred by Vendor as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences a result of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the otherEvent. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.

MAJEURE. 17.1 Neither 8.1 A "Force Majeure Event" means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes or labour disputes (excluding any strikes, labour disputes or other labour difficulties in which the employees of the affected Party (or its subcontractors, if any), are involved). A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event. 8.2 A Party shall not be liable for any failure or delay or failure to perform all or in performing any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out of the failure to perform its obligations Contract to the extent that such the failure or delay results from is due to a Force Majeure Event. Notwithstanding Event Provided Always That: (a) immediately upon knowing that it will not be able to fulfil its obligations, it notifies the foregoingother Party in writing, each party will use reasonable endeavours giving full particulars of the Force Majeure Event and of how the performance of the Contract has been affected; (b) the Party uses its best endeavors to continue to perform its obligations hereunder during any mitigate or overcome the negative effect of the Force Majeure Event; (c) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (d) no obligations of the Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence; and (e) when the Party is able to resume performance of its obligations under the Contract, such Party gives the other Party written notice to that effect and promptly resumes performance hereunder. 17.2 Where a Party 8.3 If performance is (prevented or claims to be) affected delayed by a Force Majeure Event it shall use reasonable endeavours to mitigate and cannot be resumed within one (1) month from the consequences of such a Force Majeure Event upon date the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is same was first prevented or delayed in the performance of its obligations under these Terms and Conditions by a Force Majeure Event, that Party shall as soon as reasonably practicable serve notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations. 17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or moredelayed, either Party may be entitled to terminate the Contract by serving notice on giving the other terminate this Contract with immediate effect and neither Party shall have any liability to the other. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.seven

MAJEURE. 17.1 Neither Notwithstanding the other provisions of this Agreement but subject to Clause 17.2, a Party shall be liable for any delay relieved from liability under this Agreement: 17.1.1 in the case of GasNet, to the extent that on account of Force Majeure GasNet has not accepted, distributed or failure delivered or is unable to accept, distribute or deliver Gas in the quantities required by the Customer; and 17.1.2 in the case of the Customer, to the extent that on account of Force Majeure the Customer has not delivered or taken delivery of Gas pursuant to this Agreement or has failed to perform all or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable to the other Party for any loss or damage arising out of the failure to perform its obligations to the extent that such failure or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Eventthis Agreement. 17.2 Where a Party is (or claims Notwithstanding Clause 17.1, the Parties shall not be relieved from liability to be) affected by a Force Majeure Event it shall use reasonable endeavours to mitigate pay money due at the consequences time of such a Force Majeure Event upon the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations affected by the Force Majeure Event as soon as reasonably practicableevent, or to give any notice which may be required to be given pursuant to this Agreement. For the avoidance of doubt, the Customer shall be relieved of its obligation to pay the Service Charge, to a level proportionate with the duration and extent of the Force Majeure. 17.3 If either Party is prevented or delayed in the performance of its obligations seeks relief under these Terms and Conditions by a Force Majeure EventClause 17.1, that Party shall shall, upon the occurrence of any such failure due to Force Majeure: 17.3.1 as soon as reasonably practicable serve but in any event within 48 hours give notice in writing on to the other Party specifying the nature and extent of the circumstances occurrence of the event or circumstance claimed to be Force Majeure and provide to the other Party full particulars relating to the event or circumstance and the cause of such failure. Such notice shall also contain an estimate of the period of time required to remedy such failure; and 17.3.2 render the other Party reasonable opportunity and assistance to examine and investigate the event or circumstance and the matters which caused the event or circumstance and failure; and 17.3.3 as quickly as reasonably possible, use due diligence and take all reasonable steps which may be necessary to rectify, remedy, shorten or mitigate the event or circumstance giving rise to its failure Force Majeure so as to perform minimise any loss, damage, expense or other effects of the suspension of obligations suffered or incurred, or likely to be suffered or incurred by the Party (and the other Party shall use reasonable endeavours to assist the Party claiming Force Majeure to do so, provided the other Party incurs no direct or indirect cost in doing so); and 17.3.4 give notice as soon as reasonably practicable but in any anticipated delay in performance event within 48 hours to the other Party upon termination of its obligationsthe event of Force Majeure. 17.4 Subject to service For the avoidance of such noticedoubt, the Party affected by such circumstances shall have no Customer will not be able to claim relief from liability under Clause 17.1.2 for its failure to perform the suspended performance, or for non performance, of obligations of any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Partycustomers, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligationshowsoever caused. 17.5 The Party claiming relief shall notify the other in writing If, as soon as the consequences a result of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT Majeure, GasNet is not able to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the other. 17.7 Any rights and liabilities of either Party that accrued prior to termination provide distribution services in accordance with Clause 17.6 shall continue this Agreement then GasNet shall, in full force and effect unless otherwise specified good faith, allocate among all of its System Users (including the Customer) any available distribution services in these Terms and Conditionsaccordance with section 5 of Appendix Two.

MAJEURE. 17.1 Neither Party shall be liable to the other for any delay breach of a SOW or other provision of this Agreement resulting from any failure to perform all if such performance is delayed, impaired or prevented by any event of force majeure such as fire or explosion, act of terror, flood, earthquake, severe weather or other act of God, strike, lockout, boycott, picketing, labor dispute or disturbance, order or act of any Governmental Authority, or any of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for cause beyond the Products or Services) nor be liable to the other Party for any loss or damage arising out reasonable control of the failure to perform its obligations to non-performing Party (the extent "Affected Party"), including, but not limited to, failures, fluctuations or interruptions in electrical power, heat, light, telecommunication lines or telephones (any such cause, a "Force Majeure Event"); provided that such failure non-performance (i) was not caused by the fault or delay results from negligence of the Affected Party, (ii) could not have been prevented by reasonable precautions taken by the Affected Party and (iii) cannot reasonably be circumvented by the Affected Party through the use of alternate resources, work-around plans or other means; and provided, further, that the occurrence of a Force Majeure Event in respect of another customer of Subcontractor shall not, by itself, constitute a Force Majeure Event with respect to ALERE. Upon the occurrence of a Force Majeure Event. Notwithstanding , the foregoingAffected Party shall immediately notify the other Party of the occurrence thereof, each party will use and describe in reasonable endeavours to continue to perform its obligations hereunder during any detail the nature and effect on the Affected Party's operations of the Force Majeure Event. 17.2 Where a . The Affected Party is (or claims to be) affected by a Force Majeure Event it shall use reasonable endeavours to mitigate the consequences of such a Force Majeure Event upon be excused from the performance of its those obligations under these Terms and Conditions, and to resume the performance of its obligations this Agreement that are adversely affected by the Force Majeure Event for as soon long as reasonably practicable. 17.3 If either Party is prevented or delayed in the performance of its obligations under these Terms and Conditions by a Force Majeure Event, that Party shall as soon as reasonably practicable serve notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations. 17.4 Subject to service of (a) such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as continues, and (b) such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, Affected Party continues to recommence its affected operations in order for it use best efforts to perform its obligations. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences resume performance of the Force Majeure Event have ceased Services whenever and of when performance of its affected obligations can be resumed. 17.6 to whatever extent possible. If any Force Majeure Event causes delays, impairs or prevents Subcontractor's performance or arrangement of the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent Services for thirty more than seventy-two (3072) days or morehours, either Party ALERE may by serving notice on the other immediately terminate this Contract with immediate effect and neither Party shall have DMSA or any liability affected SOW, without, in either case, providing any opportunity to the othercure pursuant to Section 13.2.1 or otherwise, by giving written notice of such termination to Subcontractor. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.

MAJEURE. 17.1 Neither Party 10.1 No failure or omission by any party to carry out or observe any of the stipulations or conditions of this Agreement shall, except in relation to obligations to make payments hereunder and except as herein expressly provided to the contrary, give rise to any claim against the party in question or be deemed a breach of this Agreement if such failure or omission arises from any cause reasonably beyond the control of that party including, but not limited to, national emergency, war, prohibitive governmental regulations or any other cause beyond the reasonable control of the parties renders performance of this Agreement impossible (a "Force Majeure Event"). 10.2 Each party agrees to notify the other as soon as reasonably practicable upon becoming aware of a Force Majeure Event and the parties shall then work together in such a manner as is reasonable in the circumstances to deal with the Force Majeure Event and shall use all reasonable endeavours to mitigate any adverse effects on the provision of the Services and any losses arising from the Force Majeure Event and continue to perform their obligations under this Agreement notwithstanding the Force Majeure Event. 10.3 In the event that a party is unable to fulfil its obligations in a Force Majeure Event the obligations hereunder of such party shall be liable for any delay or failure to perform all or any suspended. The party whose obligations have been suspended as aforesaid shall give notice of its obligations under these Terms and Conditions (other than an obligation to make payment to NHSBT for the Products or Services) nor be liable such suspension as soon as reasonably possible to the other Party party stating the date and extent of such suspension and cause thereof. Any party whose obligations have been suspended as aforesaid shall resume the performance of such obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. 10.4 Each party shall bear its own costs in rectifying a Force Majeure Event and neither party shall be entitled to bring a claim for a breach of this Agreement or incur any liability to the other party for any loss losses or damage damages arising out of the failure to perform its obligations to the extent that such failure or delay results from a Force Majeure Event. Notwithstanding the foregoing, each party will use reasonable endeavours to continue to perform its obligations hereunder during any Force Majeure Event. 17.2 10.5 Where a Party is (or claims to be) affected by a Force Majeure Event it has a material effect on the provision of all or any significant part of the Services for more than six months then either party shall use reasonable endeavours be entitled to mitigate terminate this Agreement in relation to the consequences part of such a Force Majeure Event upon the performance of its obligations under these Terms and Conditions, and to resume the performance of its obligations Services affected by the Force Majeure Event as soon as reasonably practicable. 17.3 If either Party is prevented or delayed in the performance of its obligations under these Terms and Conditions by a Force Majeure Event, that Party shall as soon as reasonably practicable serve giving not less than three months prior written notice in writing on the other Party specifying the nature and extent of the circumstances giving rise to its failure to perform or any anticipated delay in performance of its obligations. 17.4 Subject to service of such notice, the Party affected by such circumstances shall have no liability for its failure to perform or for any delay in performance of its obligations affected by the Force Majeure Event only for so long as such circumstances continue and for such time after they cease as is necessary for that Party, using reasonable endeavours, to recommence its affected operations in order for it to perform its obligations. 17.5 The Party claiming relief shall notify the other in writing as soon as the consequences of the Force Majeure Event have ceased and of when performance of its affected obligations can be resumed. 17.6 If any Force Majeure Event causes the Purchaser or NHSBT to be unable to comply with its obligations hereunder to a material extent for thirty (30) days or more, either Party may by serving notice on the other terminate this Contract with immediate effect and neither Party shall have any liability to the other. 17.7 Any rights and liabilities of either Party that accrued prior to termination in accordance with Clause 17.6 shall continue in full force and effect unless otherwise specified in these Terms and Conditions.