Obligation to cure Force Majeure Diligently. 25.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 25.5.1.1 Provide prompt notice and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 25.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 25.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 25.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 25.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 25.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 25.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.5, to take any steps which would be beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
Appears in 2 contracts
Samples: Contract for Supply and Installation of New Battery Cells, Contract for Supply and Implementation of Online Monitoring System
Obligation to cure Force Majeure Diligently. 25.5.1 22.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall:
25.5.1.1 22.5.1.1 Provide prompt notice notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 22.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder;
25.5.1.2 22.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder;
25.5.1.3 22.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance;
25.5.1.4 22.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests;
25.5.1.5 22.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects effects of such event or circumstances; and
25.5.1.6 22.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
25.5.2 22.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.522.5, to take any steps which would not be in accordance with Prudent Utility Practice or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
22.5.3 Notwithstanding anything contained herein to the contrary, during an event of Force Majeure, the O&M Operator shall take all reasonable measures to mitigate or limit the amount of Operating Costs for the duration of the Force Majeure event. The O&M Operator shall consult Owner with respect to its plans to mitigate or limit such Operating Costs and shall take such actions as are reasonably directed by the Owner.
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Samples: Operation & Maintenance Contract, Operation & Maintenance Contract
Obligation to cure Force Majeure Diligently. 25.5.1 21.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall:
25.5.1.1 21.5.1.1 Provide prompt notice notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 Article 21.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder;
25.5.1.2 21.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder;
25.5.1.3 21.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance;
25.5.1.4 21.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests;
25.5.1.5 21.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and
25.5.1.6 21.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
25.5.2 21.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.521.5, to take any steps which would not be in accordance with Prudent Operation and Maintenance Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
Appears in 1 contract
Samples: Contract for Operation and Maintenance of Sap Erp System
Obligation to cure Force Majeure Diligently. 25.5.1 37.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall:
25.5.1.1 37.5.1.1 Provide prompt notice notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 Article 19.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder;
25.5.1.2 37.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder;
25.5.1.3 37.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance;
25.5.1.4 37.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests;
25.5.1.5 37.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and
25.5.1.6 37.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
25.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.5, to take any steps which would be beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
Appears in 1 contract
Samples: Contract for Supply, Installation and Maintenance of Solar Based Street Lighting System
Obligation to cure Force Majeure Diligently. 25.5.1 19.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall:
25.5.1.1 19.5.1.1 Provide prompt notice notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 Article 19.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder;
25.5.1.2 19.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder;
25.5.1.3 19.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance;
25.5.1.4 19.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests;
25.5.1.5 19.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and
25.5.1.6 19.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
25.5.2 19.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.519.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
Appears in 1 contract
Obligation to cure Force Majeure Diligently. 25.5.1 20.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall:
25.5.1.1 20.5.1.1 Provide prompt notice notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 25.0 Article 20.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder;
25.5.1.2 20.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder;
25.5.1.3 20.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance;
25.5.1.4 20.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests;
25.5.1.5 20.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and
25.5.1.6 20.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
25.5.2 20.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 25.520.5, to take any steps which would not be in accordance with Prudent Operating & Maintenance Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event.
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