Common use of Relief Clause in Contracts

Relief. 11.1 The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 12.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 12.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 12.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 12.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 In 00.0. Xx default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 12.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 10.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 10.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 10.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 10.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 In 00.0. Xx default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 10.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 12.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 12.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 12.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 12.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 12.5. In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excesshas 12.6. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 11.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 11.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 11.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 11.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 In 00.0. Xx default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 11.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 12.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 12.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 12.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 12.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 12.5. In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expensessaid 12.6. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 12.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 12.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 12.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 12.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 12.5. In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 12.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.

Relief. 11.1 The following shall be considered as cases (a) I acknowledge and agree that (i) the covenants set forth in Sections 2, 3, 4 and 5. of relief if they intervene after this Agreement are reasonable and necessary in order to protect the formation legitimate interests of the contract Company Group and impede its performance: industrial disputesI am receiving adequate consideration hereunder; (ii) the Company Group will not have any adequate remedy at law if I violate the terms hereof or fail to perform any of my obligations under Sections 2, 3, 4 or 5 of this Agreement; and (iii) the Company Group shall have the right, in addition to any other circumstances (e.g. firerights it may have under applicable law, mobilizationto obtain from any court of competent jurisdiction preliminary and permanent injunctive relief to restrain any breach or threatened breach of, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when or otherwise to specifically enforce any such other circumstances are beyond the control of the parties. 11.2 The party wishing to claim relief by reason of covenant or any of the said circumstances other obligations under Sections 2, 3, 4 or 5 of this Agreement (and I hereby waive any right to require any bond or security in connection therewith), as well as to obtain damages and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall notify be cumulative and in addition to any other rights or remedies to which the other party in writing without delay on the intervention and on the cessation thereofCompany Group may be entitled. 11.3 The effects (b) If the period of time or scope of any restriction set forth in Sections 2, 3, 4 or 5 of this Agreement should be adjudged unreasonable in any proceeding, then the period of time shall be reduced by such number of months or the scope of the said circumstances restriction shall be modified, or both, by a court of competent jurisdiction so far as they affect that such restrictions may be enforceable for such time and in the timely performance of their obligation by manner to the parties, are defined in clauses 7 and 8fullest extent adjudged to be reasonable. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of If I violate any of the said circumstancesrestrictions contained in subparagraph (a) above, then the restrictive period shall not run in my favor from the time of the commencement of any such violation until such time as such violation shall be cured by me. (c) I acknowledge and agree that if I breach any of the provisions of this Agreement, the performance Company will have the right and remedy to require me to account for and pay over to the Company or its designee, all compensation, profits, monies, accruals, increments or other benefits I derive or receive as a result of such breach. This right and remedy will be in addition to, and not in lieu of, any other rights and remedies available to the Company Group under law or in equity. (d) I acknowledge that I have the right to request a waiver from the Company with regard to any of the contract within restrictions contained in Sections 2, 3, 4 or 5 of this Agreement by providing a reasonable time becomes impossible, either party shall be entitled to terminate the contract by written notice in writing of such request to the other part without requiring Company’s Chairman of the consent Board of any court. 11.4 If the contract is terminated in accordance with paragraph 3 hereofDirectors. Upon receipt of such written notice, the division Chairman of the expenses incurred Board of Directors shall consider such request and make reasonable efforts to respond to Executive within 15 business days of such notice as to whether the Company, in respect its sole discretion, shall agree to waive any of the contract shall be determined by agreement between the parties. 11.5 In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excesssuch restrictions. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances Chairman of the case. 11.6 For the purposes Board of this clause "expenses" means actual out of pocket expenses reasonably incurredDirectors fails to respond to Executive’s written notice within such 15 business day period, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses such failure shall be deemed to be that part a denial of the price payable under the contract which is properly attributable theretorequest.

Relief. 11.1 The following shall be considered as cases (a) I acknowledge and agree that (i) the covenants set forth in Sections 2, 3, 4 and 5. of relief if they intervene after this Agreement are reasonable and necessary in order to protect the formation legitimate interests of the contract Company Group and impede its performance: industrial disputesI am receiving adequate consideration hereunder; (ii) the Company Group will not have any adequate remedy at law if I violate the terms hereof or fail to perform any of my obligations under Sections 2, 3, 4 or 5 of this Agreement; and (iii) the Company Group shall have the right, in addition to any other circumstances (e.g. firerights it may have under applicable law, mobilizationto obtain from any court of competent jurisdiction preliminary and permanent injunctive relief to restrain any breach or threatened breach of, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when or otherwise to specifically enforce any such other circumstances are beyond the control of the parties. 11.2 The party wishing to claim relief by reason of covenant or any of the said circumstances other obligations under Sections 2, 3, 4 or 5 of this Agreement (and I hereby waive any right to require any bond or security in connection therewith), as well as to obtain damages and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall notify be cumulative and in addition to any other rights or remedies to which the other party in writing without delay on the intervention and on the cessation thereofCompany Group may be entitled. 11.3 The effects (b) If the period of time or scope of any restriction set forth in Sections 2, 3, 4 or 5of this Agreement should be adjudged unreasonable in any proceeding, then the period of time shall be reduced by such number of months or the scope of the said circumstances restriction shall be modified, or both, by a court of competent jurisdiction so far as they affect that such restrictions may be enforceable for such time and in the timely performance of their obligation by manner to the parties, are defined in clauses 7 and 8fullest extent adjudged to be reasonable. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of If I violate any of the said circumstancesrestrictions contained in subparagraph (a) above, then the restrictive period shall not run in my favor from the time of the commencement of any such violation until such time as such violation shall be cured by me. (c) I acknowledge and agree that if I breach any of the provisions of this Agreement, the performance Company will have the right and remedy to require me to account for and pay over to the Company or its designee, all compensation, profits, monies, accruals, increments or other benefits I derive or receive as a result of such breach. This right and remedy will be in addition to, and not in lieu of, any other rights and remedies available to the Company Group under law or in equity. (d) I acknowledge that I have the right to request a waiver from the Company with regard to any of the contract within restrictions contained in Sections 2, 3, 4 or 5 of this Agreement by providing a reasonable time becomes impossible, either party shall be entitled to terminate the contract by written notice in writing of such request to the other part without requiring the consent Company’s Chief Executive Officer or Vice President and General Counsel. Upon receipt of any court. 11.4 If the contract is terminated in accordance with paragraph 3 hereofsuch written notice, the division Company’s Chief Executive Officer or Vice President and General Counsel shall consider such request and make reasonable efforts to respond to Executive within 15 business days of such notice as to whether the expenses incurred Company, in respect its sole discretion, shall agree to waive any of the contract shall be determined by agreement between the parties. 11.5 In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excesssuch restrictions. If the arbitrator determines that both parties have been prevented from performing their obligationCompany’s Chief Executive Officer or Vice President and General Counsel fails to respond to Executive’s written notice within such 15 business day period, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses failure shall be deemed to be that part a denial of the price payable under the contract which is properly attributable theretorequest.

Relief. 11.1 12.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 12.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 12.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 12.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 12.5. In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 12.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.expenses

Relief. 11.1 The following shall be considered as cases (a) I acknowledge and agree that (i) the covenants set forth in Sections 2, 3, 4 and 5 of relief if they intervene after this Agreement are reasonable and necessary in order to protect the formation legitimate interests of the contract Company Group and impede its performance: industrial disputesI am receiving adequate consideration hereunder; (ii) the Company Group will not have any adequate remedy at law if I violate the terms hereof or fail to perform any of my obligations under Sections 2, 3, 4 or 5 of this Agreement; and (iii) the Company Group shall have the right, in addition to any other circumstances (e.g. firerights it may have under applicable law, mobilizationto obtain from any court of competent jurisdiction preliminary and permanent injunctive relief to restrain any breach or threatened breach of, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when or otherwise to specifically enforce any such other circumstances are beyond the control of the parties. 11.2 The party wishing to claim relief by reason of covenant or any of the said circumstances other obligations under Sections 2, 3, 4 or 5 of this Agreement (and I hereby waive any right to require any bond or security in connection therewith), as well as to obtain damages and an equitable accounting of all earnings, profits and other benefits arising from such violation, which rights shall notify be cumulative and in addition to any other rights or remedies to which the other party in writing without delay on the intervention and on the cessation thereofCompany Group may be entitled. 11.3 The effects (b) If the period of time or scope of any restriction set forth in Sections 2, 3, 4 or 5 of this Agreement should be adjudged unreasonable in any proceeding, then the period of time shall be reduced by such number of months or the scope of the said circumstances restriction shall be modified, or both, by a court of competent jurisdiction so far as they affect that such restrictions may be enforceable for such time and in the timely performance of their obligation by manner to the parties, are defined in clauses 7 and 8fullest extent adjudged to be reasonable. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of If I violate any of the said circumstancesrestrictions contained in subparagraph (a) above, then the restrictive period shall not run in my favor from the time of the commencement of any such violation until such time as such violation shall be cured by me. (c) I acknowledge and agree that if I breach any of the provisions of this Agreement, the performance Company will have the right and remedy to require me to account for and pay over to the Company or its designee, all compensation, profits, monies, accruals, increments or other benefits I derive or receive as a result of such breach. This right and remedy will be in addition to, and not in lieu of, any other rights and remedies available to the Company Group under law or in equity. (d) I acknowledge that I have the right to request a waiver from the Company with regard to any of the contract within restrictions contained in Sections 2, 3, 4 or 5 of this Agreement by providing a reasonable time becomes impossible, either party shall be entitled to terminate the contract by written notice in writing of such request to the other part without requiring the consent Company’s Chief Executive Officer. Upon receipt of any court. 11.4 If the contract is terminated in accordance with paragraph 3 hereofsuch written notice, the division Chief Executive Officer shall consider such request and make reasonable efforts to respond to Executive within 15 business days of such notice as to whether the expenses incurred Company, in respect its sole discretion, shall agree to waive any of the contract shall be determined by agreement between the parties. 11.5 In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excesssuch restrictions. If the arbitrator determines that both parties have been prevented from performing their obligationChief Executive Officer fails to respond to Executive’s written notice within such 15 business day period, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses failure shall be deemed to be that part a denial of the price payable under the contract which is properly attributable theretorequest.

Relief. 11.1 11.1. The following shall be considered as cases of relief if they intervene after the formation of the contract and impede its performance: industrial disputes, and any other circumstances (e.g. fire, mobilization, requisition, embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in the use of power) when such other circumstances are beyond the control of the parties. 11.2 11.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. 11.3 11.3. The effects of the said circumstances so far as they affect the timely performance of their obligation by the parties, are defined in clauses 7 and 8. Save as provided in paragraph 7.5, 7.7, and 8.7, if by reason of any of the said circumstances, the performance of the contract within a reasonable time becomes impossible, either party shall be entitled to terminate the contract by notice in writing to the other part without requiring the consent of any court. 11.4 11.4. If the contract is terminated in accordance with paragraph 3 hereof, the division of the expenses incurred in respect of the contract shall be determined by agreement between the parties. 11.5 11.5. In default of agreement it shall be determined by the arbitrator which party has been prevented from performing his obligations and that party shall bear the whole of the said expenses. Where the purchaser is required to bear the whole of the expenses and has before termination of the contract paid to the Vendor more than the amount of the Vendor's expenses, the purchaser shall be entitled to recover the excess. If the arbitrator determines that both parties have been prevented from performing their obligation, he shall apportion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case. 11.6 11.6. For the purposes of this clause "expenses" means actual out of pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects material delivered to the purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the contract which is properly attributable thereto.