Obligations of Non-Performing Party. Not later than five (5) business days after becoming aware of the occurrence of a Force Majeure Event, the Non-Performing Party shall send written notice (which may be by electronic means) to the Performing Party describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the performance of the Non-Performing Party’s obligations under this Agreement. During the continuation of the Force Majeure Event, the Non-Performing Party shall (i) furnish timely, regular written reports (which may be by electronic means) updating the initial notice and providing any other information reasonably requested by the Performing Party; (ii) exercise commercially reasonable efforts to mitigate or limit damages to the Performing Party; (iii) exercise commercially reasonable due diligence to overcome the Force Majeure Event; (iv) to the extent that it is able, continue to perform its obligations under this Agreement; and (v) cause the suspension of performance to be of no greater scope and no longer duration than the Force Majeure Event requires.
