Common use of Scope of Suspension; Duty to Mitigate Clause in Contracts

Scope of Suspension; Duty to Mitigate. The suspension of, or impact on, performance due to a Force Majeure Event shall be of no greater scope and no longer duration than is required by such event; provided, that any such suspension shall be at a minimum, on a day-for-day basis, for the period of time of delay due to such Force Majeure Event. The Party claiming relief due to a Force Majeure Event shall use its commercially reasonable efforts: (a) to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to the performance of its obligations under this Agreement; and (b) to continue to perform its obligations hereunder not affected by such event. Following the occurrence of a Force Majeure Event for which Contractor is entitled to relief, Contractor shall be entitled to invoice Owner on a monthly basis, and Owner shall pay, in accordance with Article 6, actual and substantiated costs reasonably incurred by Contractor in implementing mitigation measures pursuant to Section 8.3(a). When the Party claiming relief due to a Force Majeure Event is able to resume performance of its obligations under this Agreement, such Party shall give the other Party Notice to that effect.

Scope of Suspension; Duty to Mitigate. The suspension of, or impact on, performance due to a Force Majeure Event shall be of no greater scope and no longer duration than is required by such event; provided, that any such suspension shall be at a minimum, on a day-for-day basis, for the period of time of delay due to such Force Majeure Event. The Party claiming relief due to a Force Majeure Event shall use its commercially reasonable efforts: (a) 8.3.1 to mitigate limit the duration of, and costs arising from, of any suspension or delay in, or other impact to the performance of its obligations under this Agreement; and (b) 8.3.2 to continue to perform its obligations hereunder not affected by such event. Following the occurrence of a Force Majeure Event for which Contractor is entitled to relief, Contractor shall be entitled to invoice Owner on a monthly basis, and Owner shall pay, in accordance with Article 6, actual and substantiated costs reasonably incurred by Contractor in implementing mitigation measures pursuant to Section 8.3(a). When the Party claiming relief due to a Force Majeure Event is able to resume performance of its obligations under this Agreement, such Party shall give the other Party Notice to that effect. Following the occurrence of a Force Majeure Event, Owner shall be entitled to request that Contractor take actions to mitigate any schedule delays caused by the Force Majeure Event (“Schedule Mitigation Measures”). In the event that the Parties agree to any Schedule Mitigation Measures (which shall include the specified costs for such measures), Owner shall pay Contractor the agreed upon amount according to an agreed upon payment schedule to compensate Contractor for such Schedule Mitigation Measures.