Unavoidable Event. If a Party is unable, despite its commercially reasonable efforts, to undertake or complete any obligation under this Agreement as a result of an Unavoidable Event, such Party shall not be in default under this Agreement until the cause thereof has been removed, provided that the Party seeking to invoke the benefit of this provision notifies the other Party in writing of an Unavoidable Event within seven (7) Business Days of its occurrence and proceeds diligently to undertake and complete those obligations not affected by the Unavoidable Event. Neither Party shall have any recourse or claims against the other Party in connection with the fact that the interrupted obligations are not performed. No Unavoidable Event shall affect any obligation to pay any monies payable under this Agreement. The performance of the interrupted obligations shall be reinstated upon the termination of the Unavoidable Event. In the event such interruption of the Whale Tail Project operations on account of the circumstances mentioned in such notice lasts more than twenty-four (24) consecutive months, either Party may terminate this Agreement.
Appears in 2 contracts
Samples: Impact & Benefit Agreement, Impact & Benefit Agreement
Unavoidable Event. If a Party is unable, despite its commercially reasonable efforts, to undertake or complete any obligation under this Agreement as a result of an Unavoidable Event, such Party shall not be in default under this Agreement until the cause thereof has been removed, provided that the Party seeking to invoke the benefit of this provision notifies the other Party in writing of an Unavoidable Event within seven (7) Business Days of its occurrence and proceeds diligently to undertake and complete those obligations not affected by the Unavoidable Event. Neither Party shall have any recourse or claims against the other Party in connection with the fact that the interrupted obligations are not performed. No Unavoidable Event shall affect any obligation to pay any monies payable under this Agreement. The performance of the interrupted obligations shall be reinstated upon the termination of the Unavoidable Event. In the event such interruption of the Whale Tail Meliadine Project operations on account of the circumstances mentioned in such notice lasts more than twenty-four (24) consecutive months, either Party may terminate this Agreement.four
Appears in 1 contract
Samples: Inuit Impact & Benefit Agreement
Unavoidable Event. If a Party is unable, despite its commercially reasonable efforts, to undertake or complete any obligation under this Agreement as a result of an Unavoidable Event, such Party shall not be in default under this Agreement until the cause thereof has been removed, provided that the Party seeking to invoke the benefit of this provision notifies the other Party in writing of an Unavoidable Event within seven (7) Business Days of its occurrence and proceeds diligently to undertake and complete those obligations not affected by the Unavoidable Event. Neither Party shall have any recourse or claims against the other Party in connection with the fact that the interrupted obligations are not performed. No Unavoidable Event shall affect any obligation to pay any monies payable under this Agreement. The performance of the interrupted obligations shall be reinstated upon the termination of the Unavoidable Event. In the event such interruption of the Whale Tail Meliadine Project operations on account of the circumstances mentioned in such notice lasts more than twenty-four (24) consecutive months, either Party may terminate this Agreement.
Appears in 1 contract
Samples: Inuit Impact & Benefit Agreement
Unavoidable Event. If a Party is unable, despite its commercially reasonable efforts, to undertake or complete any obligation under this Agreement as a result of an Unavoidable Event, such Party shall not be in default under this Agreement until the cause thereof has been removed, provided that the Party seeking to invoke the benefit of this provision notifies the other Party in writing of an Unavoidable Event within seven (7) Business Days of its occurrence and proceeds diligently to undertake and complete those obligations not affected by the Unavoidable Event. Neither Party shall have any recourse or claims against the other Party in connection with the fact that the interrupted obligations are not performed. No Unavoidable Event shall affect any obligation to pay any monies payable under this Agreement. The performance of the interrupted obligations shall be reinstated upon the termination of the Unavoidable Event. In the event such interruption of the Whale Tail Meadowbank Project operations on account of the circumstances mentioned in such notice lasts more than twenty-four (24) consecutive months, either Party may terminate this Agreement.
Appears in 1 contract
Samples: Inuit Impact & Benefit Agreement