Measures to be taken. a. A Party affected by an event of Force Majeure shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall take all reasonable measures to minimize the consequences of any event of Force Majeure. b. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any case not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. c. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. d. During the period of their inability to perform the Services as a result of an event of Force Majeure, the FMC, upon instructions by the “Authority”, shall either: (i) demobilize,; or (ii) continue with the Services to the extent possible, in which case the FMC shall continue to be paid proportionately and on prorata basis, under the terms of this Contract. e. In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 46.
Appears in 2 contracts
Samples: Facility Management Contractor's Services Agreement, Facility Management Contractor's Services Agreement
Measures to be taken. a. (a) A Party party affected by an event of Force Majeure shall continue to perform its obligations under the Contract contract as far as is reasonably practical, practical and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
b. (b) A Party party affected by an event of Force Majeure shall notify the other Party (the EIC for the Authority and the authorized representative for the Contractor), of such event as soon as possible, possible and in any case not later than that fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, event and shall similarly give written notice of the restoration of normal conditions as soon as possible.
c. (c) Any period period, within which a Party party shall, pursuant to this Contractcontract, complete any action or taskwas unable to perform his services as a result of Force Majeure, shall be extended for a period equal to the time during which such Party the Force Majeure was unable to perform such action as operational including a result further mobilization period not exceeding seven (7) days However, the total maximum period of Force Majeurecontract shall not exceed sixty months in any case.
d. (d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the FMCContractor, upon instructions by the “Authority”, Employer through EIC shall either:
: (i) demobilize,Demobilize; or
or (ii) continue Continue with the Services services to the extent possible, in which case the FMC shall continue to be paid proportionately and on prorata basis, under the terms of this Contract.
e. (e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 46clause on Dispute Resolution / Arbitration.
(f) Notwithstanding any other provision of this clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.
Appears in 2 contracts
Samples: Tender Agreement, Tender Agreement
Measures to be taken. a. (a) A Party party affected by an event of Force Majeure shall continue to perform its obligations under the Contract contract as far as is reasonably practical, practical and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
b. (b) A Party party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, possible and in any case not later than that fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, event and shall similarly give written notice of the restoration of normal conditions as soon as possible.
c. (c) Any period period, within which a Party party shall, pursuant to this Contractcontract, complete any action or task, test shall be extended for a period equal to the time during which such Party party was unable to perform such action as a result of Force Majeure.
d. (d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the FMCConsultant, upon instructions by the “Authority”, Employer shall either:
(i) demobilize,Demobilize; or
(ii) continue Continue with the Services services to the extent possible, in which case the FMC shall continue to be paid proportionately and on prorata basis, under the terms of this Contract.
e. (e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 46clause on Dispute Resolution / Arbitration.
(f) Notwithstanding any other provision of this clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.
Appears in 1 contract
Samples: Tender for Consultancy Services
Measures to be taken. a. (a) A Party party affected by an event of Force Majeure shall continue to perform its obligations under the Contract contract as far as is reasonably practical, practical and shall take all reasonable measures to minimize the consequences of any event of Force Majeure.
b. (b) A Party party affected by an event of Force Majeure shall notify the other Party (the EIC for the Authority and the authorized representative for the Contractor), of such event as soon as possible, possible and in any case not later than that fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, event and shall similarly give written notice of the restoration of normal conditions as soon as possible.
c. (c) Any period period, within which a Party party shall, pursuant to this Contractcontract, complete any action or taskwas unable to perform his services as a result of Force Majeure, shall be extended for a period equal to the time during which such Party the Force Majeure was unable to perform such action as operational including a result further mobilization period not exceeding seven (7) days However, the total maximum period of Force Majeurecontract shall not exceed sixty months in any case.
d. (d) During the period of their inability to perform the Services as a result of an event of Force Majeure, the FMCContractor, upon instructions by the “Authority”, Employer through EIC shall either:
(i) demobilize,Demobilize; or
(ii) continue Continue with the Services services to the extent possible, in which case the FMC shall continue to be paid proportionately and on prorata basis, under the terms of this Contract.
e. (e) In the case of disagreement between the Parties as to the existence or extent of Force Majeure, the matter shall be settled according to Clause GC 46clause on Dispute Resolution / Arbitration.
(f) Notwithstanding any other provision of this clause, Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract.
Appears in 1 contract
Samples: Tender Agreement