Performance to Continue. Upon the occurrence of any event of Force Majeure, Seller shall use commercially reasonable efforts to continue to perform its obligations under this Agreement. Seller shall notify Buyer of the steps Seller proposes to take, including any reasonable alternative means for performance, which is not prevented by Force Majeure. Seller shall not take any such alternative steps unless directed so to do by Buyer pursuant to a Change Order. In any such case, Seller shall use reasonable efforts to mitigate all such costs and impacts on the schedule for performance and on the Guaranteed Substantial Completion Date.
Appears in 3 contracts
Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement
Performance to Continue. Upon the occurrence of any event of Force Majeure, Seller shall use commercially reasonable efforts to continue to perform its obligations under this Agreement. Seller shall notify Buyer of the steps Seller proposes to take, including any reasonable alternative means for performance, which is not prevented by Force Majeure. Seller shall not take any such alternative steps unless directed so to do by Buyer pursuant to a Change Order. In any such case, Seller shall use reasonable efforts to mitigate all such costs and impacts on the schedule for performance and on the Guaranteed Substantial Completion Date.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase and Sale Agreement
