Mitigation Responsibility. a. The Affected Party shall use all reasonable diligence and efforts to continue to perform its obligations under this Agreement and, acting as a Reasonable and Prudent Operator, circumvent or overcome any event or circumstance of Force Majeure and minimize its effects: and, relief under this Clause 11 shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable diligence and efforts during the pendency of any such event. b. The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 11 and that it has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure. c. The Affected Party shall resume performance as expeditiously as possible after termination of the Force Majeure or after the Force Majeure has abated to an extent which permits resumption of performance;
Appears in 4 contracts
Samples: Gas Transmission Agreement, Gas Transmission Agreement, Gas Transmission Agreement
Mitigation Responsibility. a. (a) The Affected Party shall use all reasonable diligence and efforts to continue to perform its obligations under this Agreement GTA and, acting as a Reasonable and Prudent OperatorRPO, circumvent or overcome any event or circumstance of Force Majeure and minimize its effects: and, relief under this Clause 11 clause shall cease to be available to the Affected Party claiming Force Majeure if it fails to use such reasonable diligence and efforts during the pendency of any such event.
b. (b) The Affected Party shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Clause 11 clause and that it has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure.
c. (c) The Affected Party shall resume performance as expeditiously as possible after termination of the Force Majeure or after the Force Majeure has abated to an extent which permits resumption of performance;
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement