FORCE MAJURE. If at any time, during the continuance of this contract, the performance in whole or in part by either party, of any obligation under this contract, shall be prevented or delayed by reason of any floods, explosions, epidemics, quarantine restriction or act of God (hereinafter referred to as events), provided notice of happenings of any such eventuality is given by either party to the other within 7 days from the date of occurrence thereof, neither party shall be due to reason of such event be entitled to terminate this contract nor shall either party have any such claim for damages against the other in respect of such non- performance or delay in performance. The operation of contract shall be resumed as soon as practicable after such event may come to an end or cease to exist and the decision of the IIMR as to whether the operation have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under his contract is prevented or delayed by reason of any such event for a period exceeding 90 days either party may at his option terminate the contract. Provided, also that if the contract is terminated under this clause, the IIMR shall be at liberty to take over from the Security Agency, the security personnel, vehicles & equipment deployed in the campus until a new security agency is appointed and commences the operation. LL. IIMR reserves the right to withdraw/relax/modify any of the terms and conditions mentioned in the tender document if it felt necessary in the benefit of the Institute. MM. The decision of the Director of IIMR will be final in all respect and will be acceptable to all the tenderers.
FORCE MAJURE. Neither party shall be liable for delay in performing obligations or for failure to perform obligations if the delay or failure results from any of the following (whether happening in India or elsewhere) force majure, act of God, or any governmental act, fire, earthquake, explosion, accident, industrial dispute, civil commotion, or anything beyond the control of either party. The parties shall use all reasonable endeavors to minimize any such delay. Upon cessation of the event giving rise to the delay the parties shall, insofar as may be practicable under the circumstances, complete performance of their respective obligations hereunder. Notwithstanding the foregoing, if any of the above-mentioned events shall preclude the Contractor from meeting any or all of its obligations hereunder, for a period of more than two months from the date of occurrence of such act, it shall be open to either party to rescind this contract by giving two months' notice.