Common use of Swapped Cargo Force Majeure Clause in Contracts

Swapped Cargo Force Majeure. 9.1.1 Neither Party shall be liable to the other Party for any delay or failure in performance under this Agreement if and to the extent such delay or failure is a result of Swapped Cargo Force Majeure. To the extent that the Party so affected fails to use commercially reasonable endeavours to overcome or mitigate the effects of such events of Swapped Cargo Force Majeure, it shall not be excused for any delay or failure in performance that would have been avoided by using such commercially reasonable endeavours. Subject to the provisions of this Paragraph 9.1, the term “Swapped Cargo Force Majeure” shall mean any act, event or circumstance, whether of the kind described herein or otherwise, that is not reasonably within the control of, does not result from the fault or negligence of, and would not have been avoided or overcome by the exercise of reasonable diligence by, the Party claiming Swapped Cargo Force Majeure or an Affiliate of the Party claiming Swapped Cargo Force Majeure (provided that such Affiliate is not the other Party to this Agreement), such Party and, as applicable, its Affiliate having observed a standard of conduct that is consistent with a Reasonable and Prudent Operator, and that prevents or delays in whole or in part such Party’s performance of one or more of its obligations under this Agreement.

Swapped Cargo Force Majeure. 9.1.1 Neither Party shall be liable to the other Party for any delay or failure in performance under this Agreement if and to the extent such delay or failure is a result of Swapped Cargo Force Majeure. To the extent that the Party so affected fails to use commercially reasonable endeavours efforts to overcome or mitigate the effects of such events of Swapped Cargo Force Majeure, it shall not be excused for any delay or failure in performance that would have been avoided by using such commercially reasonable endeavoursefforts. Subject to the provisions of this Paragraph 9.1, the term “Swapped Cargo Force Majeure” shall mean any act, event or circumstance, whether of the kind described herein or otherwise, that is not reasonably within the control of, does not result from the fault or negligence of, and would not have been avoided or overcome by the exercise of reasonable diligence by, the Party claiming Swapped Cargo Force Majeure or an Affiliate of the Party claiming Swapped Cargo Force Majeure (provided that such Affiliate is not the other Party to this Agreement), such Party and, as applicable, its Affiliate having observed a standard of conduct that is consistent with a Reasonable and Prudent Operator, and that prevents or delays in whole or in part such Party’s performance of one or more of its obligations under this Agreement.