Common use of Obligations of the Party invoking a Force Majeure Event Clause in Contracts

Obligations of the Party invoking a Force Majeure Event. The Party that invokes a Force Majeure Event must inform the other Party thereof as soon as possible by telephone, fax or any other means agreed between the Parties, and shall provide confirmation thereof by sending a Notice of Force Majeure by letter. The notice of Force Majeure must specify: o the description of the event or circumstance invoked, o the date of the Day when the event or circumstance invoked occurred, o for the Operator, the foreseeable consequences for its contractual obligations (Reception, Send-Out), o for the Shipper, the Daily Send-Out that it will have been prevented from collecting due to the Force Majeure Event. Acting as a Prudent and Reasonable Operator, the Party concerned shall take all measures to minimise the effects of the Force Majeure Event and shall endeavour to ensure normal resumption of fulfilment of the Contract as soon as possible. During the period in which its obligations are interrupted, it shall inform the other Party of the effects of the situation or circumstance in question on the fulfilment of its contractual obligations, the date when these effects cease, the measures that it is taking and plans to take in order to minimise them, the progress of the implementation of these measures and the time estimated for resumption of normal fulfilment of the Contract. In compliance with its legal and regulatory obligations at the time of occurrence of the situation or circumstance referred to, the Operator shall pass on the effects to all users of the Terminal in a non-discriminatory manner. The reasonable means that the Operator shall be required to implement under this article only include those at its disposal in its capacity as Operator, with the exception of recourse to gas storage or purchasing services.