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Section 15.

12 Force Majeure. No Party shall be liable or responsible to the other Party,


nor be deemed to have defaulted under or breached this Agreement, for any failure or
delay in fulfilling or performing any term of this Agreement (except for any obligations
to make previously owed payments to the other Party hereunder) when and to the
extent such failure or delay is caused by or results from acts beyond the impacted
Party’s (“Impacted Party”) reasonable control, including, without limitation, the
following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose
of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war,
invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or
other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in
effect on or after the date of this Agreement; (f) action by any governmental authority;
(g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other
industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial
infection (which is defined by the United States Center for Disease Control as virulent
human influenza or infection that may cause global outbreak, or pandemic, or serious
illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment;
(l) shortage of power or transportation facilities; and (m) other similar events beyond
the reasonable control of the Impacted Party.

17.9 Force Majeure. Neither Party will be liable for any failure to perform its
obligations hereunder, other than payment obligations, due to unforeseen
circumstances or causes beyond the Party’s reasonable control, including, without
limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, acts of
terrorism or sabotage, electronic viruses, worms or corrupting microcode, fire, flood,
earthquake, accident, strikes, radiation, inability to secure transportation, failure of
communications or electrical lines, facilities, fuel, energy, labour or materials. In an
event of force majeure, either Party’s time for delivery or other performance will be
extended for a period equal to the duration of the delay caused thereby. The Party
subject to the force majeure shall (A)give notice of suspension of its obligations as
soon as reasonably practicable stating the date and extent of such suspension and the
cause thereof, (B)use its best efforts to remedy or remove such force majeure with the
least practicable delay, and (C)resume the performance of its obligations as soon as
reasonably practicable after the remediation or removal of the cause. Notwithstanding
anything to the contrary herein, if an event of force majeure can reasonably be
expected to prevent the affected Party from performing its obligations for a period of
at least six (6)months, then the other Party may terminate this Agreement upon not
less than fifteen days written notice to the affected Party. The Affected Party shall give
notice to the other Party of any event of Force Majeure as soon as reasonably
practicable, but not later than seven (7) days after the date on which such Party knew
or should reasonably have known of the commencement of the event of Force
Majeure. If an event of Force Majeure results in a breakdown of communications
rendering it unreasonable to give notice within the applicable time limit specified
herein, then the Party claiming Force Majeure shall give such notice as soon as
reasonably practicable after reinstatement of communications, but not later than one
(1) day after such reinstatement, provided that such notice shall be a pre-condition to
the Seller's entitlement to claim relief under this Agreement. Such notice shall include
full particulars of the event of Force Majeure, its effects on the Party claiming relief
and the remedial measures proposed. The Affected Party shall give the other Party
regular (and not less than monthly) reports on the progress of those remedial
measures and such other information as the other Party may reasonably request
about the situation.

4. If the force majeure affects the performance of the contract, the party that is


subject to force majeure shall promptly notify the other party and submit to the other
party a sufficient and valid proof of force majeure within a reasonable period after the
end of force majeure. Otherwise, the corresponding liability shall not be waived.

2.If the performance of this Agreement cannot be continued due to force majeure, the Parties
may be exempted from liabilities in whole or in part according to the impact of the force
majeure. If either party cannot perform this Agreement due to force majeure, it shall
immediately notify the other party, and try its best to minimize the possible losses as sustained
by the other party, and shall timely provide a proof to the other party.

2. In the event of force majeure, the obligations of both parties under this Agreement
will be suspended within the scope of the force majeure and its duration. The term of
cooperation may be extended according to the time limit for suspension, but the
parties shall reach an agreement and neither party shall be liable for this. The party
claiming to be affected by force majeure shall notify the other party no later than 15
days after the occurrence of force majeure and shall minimize the damage caused
by force majeure. If force majeure lasts longer than 60 days and the parties fail to
reach a resolution to continue to perform this Agreement, either party has the right to
terminate this Agreement by giving written notice to the other party.

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