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No. VI.3 - Force majeure
(a) If non-performance of a party is
due to an impediment which is beyond the reasonable control of that party and
could not have reasonably been foreseen by that party at the time of conclusion of the contract, and
neither the impediment nor its consequences could have been avoided or overcome by the non-performing party ("Acts of God", "Force Majeure", "höhere Gewalt"), and
the non-performing party did not assume, explicitly or implicitly, the risk of the occurrence of the impediment
that party's non-performance is excused.
(b) If non-performance is temporary, performance of the contract is suspended during that time and that party is not liable for damages to the other party. If the period of non-performance becomes unreasonable and amounts to a fundamental non-performance, the other party may claim damages and terminate the contract.
(c) Unless otherwise agreed by the parties expressly or impliedly, Force Majeure events under subsection (a) above are impediments such as
war, whether declared or not, civil war or any other armed conflict, military or non-military interference by any third party state or states, acts of terrorism or serious threats of terrorist attacks, sabotage or piracy, strike or boycott, acts of governments or any other acts of authority whether lawful or unlawful, blockade, siege or sanctions, or
accidents, fires, explosions, plagues, or
natural disasters such as but not limited to storm, cyclone, hurricane, earthquake, landslide, flood, drought etc., or
any event of a similar nature.
(d) The party who fails to perform must give notice to the other party of the impediment and its effect on its ability to perform. If such notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, it is liable for damages resulting from such non-receipt.
(e) Where the obligee has been prevented by a Force Majeure event as defined in (a) above from causing a limitation period to cease to run, the limitation period is suspended so as not to expire before one year after the relevant impediment has ceased to exist.
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