Common use of Xxxxx Xxxxxxx Clause in Contracts

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths or with respect to the Pipelines, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths or with respect to the PipelinesBerths, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this AgreementTerm. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If 10.1 Neither of the Parties shall be liable to the other Party for any loss suffered or incurred by such other Party as a result of any events which the Parties could not reasonably have foreseen or controlled on the date hereof by reason of the unavoidable, unforeseeable and uncontrollable nature of such events, including, but not limited to: (i) any decree, ruling, decision or instruction, judgment or order issued by any authority, whether enacted or otherwise promulgated, (ii) riots, insurrections or civil or foreign wars, acts of terrorism, sabotage, accident, embargo, strike, short or reduced supply of fuel or raw material (to the extent such supply failure or shortage is beyond the Party’s control) or transportation embargo, (iii) fire, explosion, perils of the sea, food, drought, earthquake or other natural calamity, (iv) plague, pandemic or other health emergency that causes widespread business disruption, or (v) any other circumstances beyond the control of the Parties or the affected Party is unable to perform (any such event, a “Force Majeure Event”), and failure or is delayed delay by any Party in performing, in whole or in part, performing any of its obligations under this Agreement, other than the obligation Agreement due to pay funds when due (subject to Section 5(b)), a Force Majeure Event shall not be considered as a result breach of an event of this Agreement or any Ancillary Agreement; provided, however, that the Party suffering such Force Majeure at [*] Certain portions denoted with an asterisk have been omitted and filed separately with the Berths or Securities and Exchange Commission. Confidential treatment has been requested with respect to the Pipelines, then that Party omitted portions. Event shall promptly notify the other Party in writing promptly after the occurrence of the event of such Force Majeure with reasonably full particulars Event and timing of such event. Such Party also shall promptly notify shall, to the other Party when the event of Force Majeure terminates extent reasonable and lawful, use its best efforts to remove or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of remedy the Force Majeure event. Event. 10.2 The affected Party must act with commercially reasonable diligence to resume performance, but it shall Parties agree that in case any Force Majeure Event cannot be required to expend funds to settle strikes, lockouts removed or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event remedied within six (06) months of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berthsevent, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve (12) Months, then either other Party shall have the right to terminate this Agreement without further costs or obligation the Joint Venture and to cause the other Partyliquidation the Company.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b5(c)), as a result of an event of Force Majeure at the Berths or with respect to the Pipelines, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, subject to the terms and provisions of the BAUTA and any Terminal Service Order issued thereunder, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this AgreementTerm. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths or with respect to the PipelinesBerths, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer TRMC during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Berths or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operatorthe Parties shall consult, in its sole discretionsubject to the terms and provisions of the Terminal 2 Lease, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to a Marine Terminal for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths or with respect to the PipelinesBerths, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Berths or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, subject to the terms and provisions of the Leases, the Subleases and the Berth 121 Joint Use Agreement, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to a Marine Terminal for twelve (12) Months, then either Party shall have the right to terminate this Agreement with respect to such affected Marine Terminal without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths Anacortes Marine Terminal or with respect to the PipelinesAncillary Facilities, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this AgreementAgreement or any Terminal Service Order. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer TRMC during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Anacortes Marine Terminal or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operatorthe Parties shall consult and, in its sole discretionsubject to the terms and provisions of the Master Lease, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to the Anacortes Marine Terminal or the Ancillary Facilities for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party This Lease and the obligation of Tenant to pay Rent hereunder and perform all of the other covenants and agreements hereunder on the part of Tenant to be performed shall not be affected, impaired or excused because Landlord is unable to perform fulfill any of its obligations under this Lease or is unable to supply, or is delayed in performingsupplying, any service to be supplied by it under the terms of this Lease or is unable to make, or is delayed in whole making, any repairs, additions, alterations, or decorations, or is unable to supply or is delayed in partsupplying, its obligations under any equipment or fixtures, if Landlord is prevented or delayed or otherwise hindered from doing so by reason of any outside cause whatsoever, including, without limitation, acts of God; fire; earthquake; flood; explosion; action of the elements; declared or undeclared war; riots; civil disturbances; inability to procure or a general shortage of labor, equipment, energy, materials, or supplies in the open market; breakage or accident to machinery; partial or entire failure of utilities; failure of transportation; strikes; lockouts; action of labor unions; condemnation; injunction; court order or decree; governmental preemption; any rule, order or regulation of any department of subdivision of any government agency; or the conditions of supply and demand which have been or are affected by war or other emergency. Similarly, Landlord shall not be liable for any interference with any services supplied to Tenant by others if such interference is caused by any of the reasons listed in this Agreement, Section. Nothing contained in this Section shall be deemed to impose any obligation on Landlord not expressly imposed by other provisions of this Lease. Other than the Tenant’s obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths Rent or with respect to the Pipelines, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure payment to cure default, and except as otherwise provided in this Lease, Tenant shall be excused or proportionately reduced, as appropriate, for so long as Operator’s the period of any delay in the performance of any obligation when such delay is so excused due to any cause or causes beyond Tenant’s control which include but are not limited to any labor dispute; governmental laws, regulations or controls; fire or other casualty; inability to obtain any material or service; or through acts of God. Tenant shall give to Landlord notice of the event existence of Force Majeure. In the event force majeure within five (5) days after commencement of the Berths, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Partyforce majeure.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths Avon Terminal or with respect to the PipelinesAncillary Facilities, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer TRMC during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Avon Terminal or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operatorthe Parties shall consult and, in its sole discretionsubject to the terms and provisions of the Master Lease, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to the Avon Terminal or the Ancillary Facilities for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths Anacortes Marine Terminal or with respect to the PipelinesAncillary Facilities, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Anacortes Marine Terminal or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, subject to the terms and provisions of the Master Lease and the Sublease, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to the Anacortes Marine Terminal or the Ancillary Facilities for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a (a) A Party is unable to perform shall not be liable for any failure or is delayed delay in performing, in whole or in part, the performance of its obligations under this Agreementobligations, other than payment obligations, under this Master Agreement or any Service Agreement or Change Order, if any, to the obligation extent such failure or delay is caused, directly or indirectly, without fault by such Party, by: fire, flood, earthquake, elements of nature or acts of God; labor disruptions or strikes of third parties; acts of war, terrorism, riots, civil disorders, rebellions or revolutions; quarantines, embargoes and other similar governmental action; or any other similar cause beyond the reasonable control of such Party. Events meeting the criteria set forth above are referred to pay funds when due (subject collectively as "Force Majeure Events." The Parties expressly acknowledge that Majeure Events do not include third party non-performance except to Section 5(b)), as a result of the extent caused by an event of that would be a Force Majeure at the Berths or Event with respect to a Party; provided, however, that Force Majeure Events shall include disruptions caused by third party failures of public utilities, building facilities, communications facilities or public safety functions. (b) With respect to a Force Majeure Event, a non-performing Party may elect by notice to the Pipelines, then that Party shall promptly notify the other Party party owed performance to be excused from any further performance or observance of the event of affected obligation(s) for as long as such circumstances prevail and such Party continues to attempt to recommence performance or observance whenever and to whatever extent is commercially reasonable without delay. (c) If a Force Majeure with reasonably full particulars and timing Event for which an election under Section 15.3(b) has been made by a Torch party causes a material failure in performance of Services for more than ten (10) consecutive business days then the charges to Nuevo for such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, services shall be suspended duringand Nuevo may acquire such services elsewhere at its expense until such failure has been cured. If a Force Majeure Event for which an election under 15.3(b) has been made excuses a material failure in performance for more than one hundred and twenty (120) consecutive days, and if Nuevo has obtained alternative arrangements for the Services (if such failure is a failure to perform Services), then a performing party shall be entitled to terminate the applicable Service Agreement, without any termination fee and effective upon delivery of written notice to the non- performing party, but only if the Torch Party has not longer than, restored the continuance of the Force Majeure event. The MASTER SERVICES AGREEMENT -29- -Confidential- affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically Services (if such failure is a failure to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, or any part thereof is destroyed or damaged Services) prior to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event notice and such Services remain restored for a period of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists for twelve thirty (1230) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Partyconsecutive days.

Xxxxx Xxxxxxx. If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths Avon Terminal or with respect to the PipelinesAncillary Facilities, then that Party shall promptly notify the other Party of the event of Force Majeure with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or other labor difficulty. A Party’s inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, Avon Terminal or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, subject to the terms and provisions of the Master Lease and the Sublease, may elect whether or not to repair, replace, or rebuild. An event of Force Majeure shall not extend the term of this Agreement. If an event of Force Majeure materially affects either Party’s performance under this Agreement and exists with respect to the Avon Terminal or the Ancillary Facilities for twelve (12) Months, then either Party shall have the right to terminate this Agreement without further costs or obligation to the other Party.

Xxxxx Xxxxxxx. If a Party is unable Except for payment due hereunder, either party hereto shall be relieved from liability for failure to perform or is delayed in performing, in whole or in part, its obligations under this Agreement, other than hereunder for the obligation to pay funds when due (subject to Section 5(b)), as a result of an event of Force Majeure at the Berths or with respect duration and to the Pipelinesextent such failure is occasioned by war, then that Party shall promptly notify riots, insurrections, fire, explosions, sabotage, strikes, and other labor or industrial disturbances, acts of God or the other Party elements, governmental laws, regulations, or requests, acts in furtherance of the event International Energy Program, disruption or breakdown of Force Majeure with production or transportation facilities, delays of pipeline carrier in receiving and delivering crude oil tendered, or by any other cause, whether similar or not, reasonably full particulars and timing beyond the control of such eventparty. Such Party also Neither party shall promptly notify the other Party when the event of Force Majeure terminates or no longer adversely affects its ability to perform under this Agreement. The obligations of the Party giving notice, so far as they are affected by the event of Force Majeure, shall be suspended during, but not longer than, the continuance of the Force Majeure event. The affected Party must act with commercially reasonable diligence to resume performance, but it shall not be required to expend funds to settle strikes, lockouts or supply substitute quantities from other labor difficultysources of supply. A Party’s inability economically Failure to perform its obligations hereunder does not constitute an event of Force Majeure. If Operator is excused from providing services due to an event of Force Majeure, other than any fees that are already due and payable hereunder, any other fees incurred by Customer during the event of Force Majeure shall be excused or proportionately reduced, as appropriate, for so long as Operator’s performance is so excused due to the event of Force Majeure. In the event the Berths, the Pipelines, or any part thereof is destroyed or damaged to such extent as to make them unusable, then Operator, in its sole discretion, may elect whether or not to repair, replace, or rebuild. An event events of Force Majeure shall not extend the term of this Agreement; except the extent necessary to comply with the provisions of Section J (“Buy/Sell and Exchange Balancing”). If an The party affected by a force majeure situation (the “Affected Party”) shall take commercially reasonable steps to ameliorate the cause of such force majeure event to enable it to resume performance during the term of this Agreement. In addition to the above, and in the event substantially similar volumes are intended to be bought and sold or exchanged under this Agreement, the parties shall have the rights and obligations set forth in the circumstances described below: (1) If, because of Force Majeure materially affects either Party’s performance Majeure, the Affected Party is unable to deliver part or all of the quantity of crude oil which it is obligated to deliver under this Agreement, the other party shall have the right, but not the obligation, to reduce its deliveries of crude oil under this Agreement and exists for twelve to match the volume actually delivered by the Affected Party. (122) MonthsIf, then either because of Force Majeure, the Affected Party is unable to take part or all of the quantity of crude oil which it is obligated to take under this Agreement, the other party shall have the right right, but not the obligation, to terminate reduce its receipts of crude oil under this Agreement without further costs or obligation to match the other volume actually taken by the Affected Party.