Common use of Occurrence of a Force Majeure Event Clause in Contracts

Occurrence of a Force Majeure Event. (a) If a Force Majeure Event prevents or hinders performance of a party’s contractual obligations (Affected Party), then the Affected Party must notify the other party within 5 Business Days of becoming aware of the Force Majeure Event, giving full details of: (i) the Force Majeure Event; (ii) the obligations that are affected and the extent to which the Affected Party is reasonably unable to perform those obligations; (iii) the expected duration of any delay arising directly out of the Force Majeure Event; and (iv) where possible, a proposal for avoiding the impact of the Force Majeure Event. (b) To the extent possible, the Affected Party must use its best endeavours to rectify or alleviate the effect of the Force Majeure Event. (c) For the duration of any Force Majeure Event, the parties will use and will continue to use their best endeavours to minimise the impact of any Force Majeure Event. (d) Upon the cessation of the delay or failure resulting from the Force Majeure Event the Affected Party must promptly notify the other party of the cessation. (e) Any obligations outstanding shall be fulfilled by the Affected Party as soon as reasonably possible after the Force Majeure Event has ended, except to the extent that such fulfilment is no longer possible or is not required by the party to whom the obligations are owed.