Common use of Obligations of Affected Party Clause in Contracts

Obligations of Affected Party. A party whose performance of its obligations under this Agreement is delayed or prevented by force majeure: (A) shall immediately notify the other party of the nature, extent, effect and likely duration of the circumstances constituting the force majeure; (B) shall use all reasonable endeavours to minimise the effect of the force majeure on its performance of its obligations under this Agreement including the making of any alternative arrangements for resuming the performance of its obligations which may be practicable without incurring material additional expense; and (C) shall, subject to clause 12.4, immediately after the cessation of the force majeure, notify the other party thereof and resume full performance of its obligations under this Agreement.

Appears in 6 contracts

Samples: Supply Agreement (S&W Seed Co), Proprietary Formulation & Supply Agreement (Stevia Corp), Supply Agreement (Stevia Corp)

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Obligations of Affected Party. A party Party whose performance of its obligations under this Agreement is delayed or prevented by force majeure: (A) shall immediately notify the other party Party of the nature, extent, effect and likely duration of the circumstances constituting the force majeure; (B) shall use all reasonable endeavours to minimise the effect of the force majeure on its performance of its obligations under this Agreement including the making of any alternative arrangements for resuming the performance of its obligations which may be practicable without incurring material additional expense; and (C) shall, subject to clause 12.413.4, immediately after the cessation of the force majeure, notify the other party thereof and resume full performance of its obligations under this Agreement.

Appears in 2 contracts

Samples: Management and Off Take Agreement (Stevia Corp), Agribusiness Development Agreement (Stevia Corp)

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