No Breach Due to Force Majeure Events. While a Force Majeure Event is occurring: (a) the affected Party is not liable for any inability to perform any of its obligations under this Agreement that are affected by the Force Majeure Event; (b) the affected Party must use its best efforts to mitigate against any Losses due to the Force Majeure Event, including where a Force Majeure Event occurs, but the effects of such Force Majeure Event do not occur immediately, in which case the affected Party must use reasonable efforts to mitigate its exposure to the future consequences; and (c) if the affected Party is the Seller, and it is actually critically delayed in reaching the Completion Date or Delivery Date as a result of a Force Majeure Event, it will be entitled to an extension of time to a Completion Date or a Delivery Date by a fair and reasonable period determined by Buyer having regard to the nature of the Force Majeure Event and its impact.
Appears in 5 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase
No Breach Due to Force Majeure Events. While Whilst a Force Majeure Event is occurring: (a) the affected Party is not liable for any inability to perform any of its obligations under this Agreement that are affected by the Force Majeure Event; (b) the affected Party must use its best efforts to mitigate against any Losses due to the Force Majeure Event, including where a Force Majeure Event occurs, but the effects of such Force Majeure Event do not occur immediately, in which case the affected Party must use reasonable efforts to mitigate its exposure to the future consequences; and (c) if the affected Party is the Seller, and it is actually critically delayed in reaching the Completion Date or Delivery Date as a result of a Force Majeure Event, it will be entitled to an extension of time to a Completion Date or a Delivery Date by a fair and reasonable period determined by Buyer Company having regard to the nature of the Force Majeure Event and its impact.
Appears in 2 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase