Common use of Obligation to Diligently Cure Force Majeure Clause in Contracts

Obligation to Diligently Cure Force Majeure. If either party shall rely on the occurrence of an event of Force Majeure as a basis for being excused from performance of its obligations under this Agreement, then the party relying on the event or condition shall: (a) provide prompt notice to the other party of the occurrence of the event or condition giving an estimation of its expected duration and the probable impact on the performance of its obligations hereunder; (b) exercise all reasonable efforts to continue to perform its obligations hereunder; (c) expeditiously take reasonable action to correct or cure the event or condition excusing performance; (d) 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; and (e) provide periodic notices to the other party with respect to its actions and plans for actions in accordance with (b), (c) and (d) above and prompt notice to the other party of the cessation of the event or condition giving rise to its excusal from performance.

Obligation to Diligently Cure Force Majeure. If either party ------------------------------------------- shall rely on the occurrence of an event of Force Majeure as a basis for being excused from performance of its obligations under this Agreement, then the party relying on the event or condition shall: (a) provide prompt notice to the other party of the occurrence of the event or condition giving an estimation of its expected duration and the probable impact on the performance of its obligations hereunder; (b) exercise all reasonable efforts to continue to perform its obligations hereunder; (c) expeditiously take reasonable action to correct or cure the event or condition excusing performance; (d) exercise all reasonable efforts to mitigate or limit damages consistent with the shutdown and start-up priorities established pursuant to the other party to the extent such action will not adversely affect its own interestsSection 3.3(c) hereof; and (e) provide periodic notices to the other party with respect to its actions and plans for actions in accordance with (b), (c) and (d) above and prompt notice to the other party of the cessation of the event or condition giving rise to its excusal from performance.