The Affected Party shall Clause Samples
The clause titled "The Affected Party shall" establishes specific obligations or actions that must be undertaken by the party impacted by a particular event, such as force majeure, breach, or other contractually defined circumstances. In practice, this clause typically requires the affected party to promptly notify the other party of the event, take reasonable steps to mitigate its effects, or comply with certain procedures outlined in the agreement. Its core practical function is to ensure that both parties are informed and that disruptions are managed transparently and efficiently, thereby minimizing potential disputes and facilitating a coordinated response to unforeseen events.
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The Affected Party shall. 1.9.3.1 use all reasonable endeavours to minimise the effects of the Force Majeure Event on the performance of its obligations under this Contract;
1.9.3.2 where it is the Contractor, provide written reports as often as the Authority reasonably requires in the circumstances of the Contractor’s progress in minimising the effects of the Force Majeure Event and indicating when it is estimated that performance of the affected obligation will resume; and where the Affected Party is the Authority, provide updates to the Contractor as often as is reasonably possible in the circumstances of the Authority’s progress in minimising the effects of the Force Majeure Event and indicating when it is estimated that performance of the affected obligation will resume;
1.9.3.3 so far as reasonably practicable provide any information relating to the Force Majeure Event and its effects as the other Party may reasonably request;
1.9.3.4 (without prejudice to any applicable Law and/or Regulatory Requirement) make any alternative arrangements for resuming the performance of its obligations as may be practicable without incurring material additional expense;
1.9.3.5 where the Affected Party is the Contractor, the Contractor shall at all times during which a Force Majeure Event is subsisting take all steps in accordance with Good Industry Practice to overcome or minimise the consequences of the Force Majeure Event. If the Authority is the Affected Party, the Authority shall at all times during which a Force Majeure Event is subsisting take all steps reasonably necessary to overcome or minimise the consequences of the Force Majeure Event;
1.9.3.6 As soon as reasonably practicable after the cessation of a Force Majeure Event, the Affected Party shall notify the other Party in writing that the Force Majeure Event has ended, and subject to Clause 1.9.5 (Requirement to instigate a Change Proposal) and to the Change Proposal being approved (and without prejudice to applicable Law and/or any Regulatory Requirement) shall resume the full performance of its obligations under this Contract in accordance with the approved Change as soon as is reasonably practicable; and
1.9.3.7 For the avoidance of doubt, save to the extent stipulated in this Clause 1.9 (Force Majeure), neither Party shall be released from any of its obligations under this Contract as a result of a Force Majeure Event.
The Affected Party shall a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than [five] days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
The Affected Party shall use all reasonable endeavours to minimise the effects of the Force Majeure Event on the performance of its obligations under this Contract; • where the Affected Party is the Contractor, provide written reports as often as the Employer reasonably requires in the circumstances of the Contractor’s progress in minimising the effects of the Force Majeure Event and indicating when it is estimated that performance of the affected obligation will resume; and where the Affected Party is the Employer, provide updates to the Contractor as often as is reasonably possible in the circumstances of the Employer’s progress in minimising the effects of the Force Majeure Event and indicating when it is estimated that performance of the affected obligation will resume; • so far as is reasonably practicable provide any information relating to the Force Majeure Event and its effects as the other Party may reasonably request; and • (without prejudice to any applicable Law and/or Regulatory Requirement) make any alternative arrangements for resuming the performance of its obligations as may be practicable without incurring unreasonable additional expense.
The Affected Party shall. (a) make all reasonable efforts to prevent and reduce to a minimum and mitigate the effect of any delay occasioned by Force Majeure, including recourse to alternate sources of services, equipment and materials;
(b) as soon as reasonably possible, and in accordance with Prudent Utility Practices, ensure the resumption of normal performance of this Agreement after the cessation of Force Majeure or its effects and shall otherwise perform its obligations under this Agreement to the extent not excused under this Article 13.5.2; and
(c) within seven (7) Days following the cessation of Force Majeure, submit to the other Party reasonable proof of the nature of such delay and its effect upon the performance of its obligations under this Agreement.