Common use of Onus on Party Claiming Force Majeure Clause in Contracts

Onus on Party Claiming Force Majeure. The Party asserting the claim of Force Majeure shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Article and that such Party has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure. If the Parties are unable in good faith to agree that a Force Majeure event has occurred, the Parties shall submit the dispute for resolution pursuant to Article 18 hereof; provided that the burden of proof as to whether a Force Majeure event has occurred shall be upon the Party claiming a Force Majeure event.

Onus on Party Claiming Force Majeure. The Party asserting the claim of Force Majeure shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Article and that such Party has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure. If the Parties are unable in good faith to agree that a Force Majeure event has occurred, the Parties shall submit the dispute for resolution pursuant to Article 18 hereof; provided that the burden of proof as to whether a Force Majeure event has occurred shall be upon the Party claiming a Force Majeure event.

Onus on Party Claiming Force Majeure. The Party asserting the claim of claiming Force Majeure shall have the burden of proving that the circumstances constitute valid grounds of Force Majeure under this Article Clause 15 and that such Party has exercised reasonable diligence and efforts to remedy the cause of any alleged Force Majeure. If the Parties are unable in good faith to agree that a Force Majeure event has occurred, the Parties shall submit the dispute for resolution pursuant to Article 18 hereof; provided that the burden of proof as to whether a Force Majeure event has occurred shall be upon the Party claiming a Force Majeure event.