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5 <br /> <br />7. Force Majeure <br />(i) Neither party is responsible for any failure to perform or delay In <br />performing its obligations under this contract, to the extent it is prevented <br />or delayed in performing those obligations by an event of force majeure. <br />(ii) Where there is an event of force majeure, the party prevented from or <br />delayed in performing its obligations under this contract must immediately <br />notify the other party giving full particulars of the event of force majeure <br />and the reasons for the event of force majeure preventing that party from, <br />or delaying that party In performing its obligations under this contract and <br />that party must use its reasonable efforts to mitigate the effect of the <br />event of force majeure upon its or their performance of the contract and to <br />fulfil its or their obligations under the contract. <br />(iii) Upon completion of the event of force majeure the party affected must as <br />soon as reasonably practicable recommence the performance of its <br />obligations under this contract. Where the party affected is the contractor, <br />the contractor must provide, within 15 business day, a schedule for <br />managing the Contractor's obligations under this Agreement to minimize <br />the effects of the prevention or delay caused by the event of force <br />majeure. <br />(iv) An event of force majeure does not relieve a party from liability for an <br />obligation which arose before the occurrence of that event, nor does that <br />event affect the obligation to pay money in a timely manner which <br />matured prior to the occurrence of that event. <br />(v) Definition. An event of force majeure is an event or circumstance which is <br />beyond the control and without the fault or negligence of the party <br />affected and which by the exercise of reasonable diligence the party <br />affected was unable to prevent, and includes but is not limited to such <br />matters as: <br />a) riot, war, invasion, act of foreign enemies, hostilities (whether war <br />be declared or not) acts of terrorism, civil war, rebellion, <br />revolution, insurrection of military or usurped power, requisition or <br />compulsory acquisition by any governmental or competent <br />authority; <br />b) ionizing radiation or contamination, radio activity from any nuclear <br />fuel or from any nuclear waste from the combustion of nuclear <br />fuel, radioactive toxic explosive or other hazardous properties of <br />any explosive assembly or nuclear component; <br />c) pressure waves caused by aircraft or other aerial devices <br />travelling at sonic or supersonic speeds; <br />d) earthquakes, flood, fire or other physical natural disaster, but <br />excluding weather conditions regardless of severity; <br />e) regional health emergency due to government health <br />advisory(ies); and <br />  <br />    <br /> <br />   <br />   <br />