Common use of Notice, Resumption of Normal Performance Clause in Contracts

Notice, Resumption of Normal Performance. 1. Immediately upon the occurrence of an event of Force Majeure that may delay or has delayed or prevented, or may or will delay or prevent, the performance by the Excused Party of any of its obligations hereunder, the Excused Party shall give notice thereof (promptly confirmed in writing if originally given orally, but in no event later than three (3) Business Days after the occurrence of such event) to the other Party describing such event and stating each of such Party’s obligations hereunder which such Party may, has been or will be delayed or prevented from performing, and (either in the original or in supplemental notices) stating: (i) its good faith estimate of the likely duration of the Force Majeure event and of the period during which performance may be suspended or reduced, including to the extent known or ascertainable, the estimated extent of such reduction in performance; and (ii) the particulars of the program to be implemented and any corrective measures already undertaken to ensure full resumption of normal performance hereunder. The Excused Party shall provide, from time to time as warranted, updates to the notices provided in this Section XI.D.1. 2. In order to ensure resumption of normal performance of this Agreement within the shortest practicable time, the Excused Party shall take all measures to this end which are commercially reasonable in the circumstances, taking into account the consequences resulting from such event of Force Majeure. To the extent that the Excused Party fails to use commercially reasonable efforts to overcome or mitigate the effects of such events of Force Majeure, it shall not be excused for any delay or failure in performance that would have been avoided by using such commercially reasonable efforts. Prior to resumption of normal performance, the Parties shall continue to perform their obligations under this Agreement to the extent not excused or prevented by such event of Force Majeure. 3. Upon request of the non-excused Party given no sooner than the second Business Day after the Excused Party’s notice of Force Majeure, the Excused Party shall forthwith use all reasonable efforts to give or procure access for representatives of the non-excused Party to examine the scene of the event which gave rise to the claim of Force Majeure, and such access shall be at the expense of the non-excused Party.

Notice, Resumption of Normal Performance. 1. Immediately As soon as possible upon the occurrence of an event that a Party considers may result in an event of Force Majeure, and in any event within ***** calendar days from the date of the occurrence of an event of Force Majeure that may delay or has delayed or preventedMajeure, or may or will delay or prevent, the performance by the Excused Party of any of its obligations hereunder, the Excused such Party shall give notice thereof (promptly confirmed in writing if originally given orally, but in no event later than three (3) Business Days after the occurrence of such event) to the other Party describing in reasonable detail: (a) the event giving rise to the potential or actual Force Majeure claim, including but not limited to the place and time such event and stating each of such Party’s occurred; (b) to the extent known or ascertainable, the obligations hereunder which such Party may, has may be or have actually been or will be delayed or prevented from performing, in performance and (either in the original or in supplemental notices) stating: (i) its good faith estimate of the likely duration of the Force Majeure event and of the estimated period during which such performance may be suspended or reduced, including to the extent known or ascertainable, the estimated extent of such reduction in performance; and and (iic) the particulars of the program to be implemented and any corrective measures already undertaken to ensure full resumption of normal performance hereunder. The Excused Party Such notices shall provide, thereafter be supplemented and updated from time to time as warrantedmay be necessary, updates to or requested by the notices provided in this Section XI.D.1. 2. In order to ensure resumption of normal performance of this Agreement within other Party, during the shortest practicable time, the Excused Party shall take all measures to this end which are commercially reasonable in the circumstances, taking into account the consequences resulting from such event of Force Majeure. To the extent that the Excused Party fails to use commercially reasonable efforts to overcome or mitigate the effects period of such events of claimed Force MajeureMajeure specifying the actions being taken to remedy the circumstances causing such Force Majeure and the date on which such Force Majeure and its effects end. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, it shall not be excused for any delay or failure in performance that would have been avoided by using such commercially reasonable efforts. Prior to resumption of normal performance, the Parties shall continue to perform their obligations under this Agreement to the extent not excused or prevented by such event of Force MajeureAND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). 3. Upon request of the non-excused Party given no sooner than the second Business Day after the Excused Party’s notice of Force Majeure, the Excused Party shall forthwith use all reasonable efforts to give or procure access for representatives of the non-excused Party to examine the scene of the event which gave rise to the claim of Force Majeure, and such access shall be at the expense of the non-excused Party.