Common use of Mitigation of Force Majeure Clause in Contracts

Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If the Force Majeure event giving rise to the need for Notice pursuant to this Section of the Agreement is related to the existence of an epidemic or pandemic, whether directly or indirectly impacting Seller and/or any Third Parties performing any Work, including those failures caused by quarantine restrictions issued pursuant to applicable Law after the Execution Date, then Seller shall also provide to Buyer a demonstration that, because epidemics or pandemics are now reasonably foreseeable, that Seller had taken all due care to put mitigation in place to bolster against any performance failures related to an epidemic or pandemic and how, nonetheless, such failures persisted.