Force majeure clause samples

10.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. However, subject to the Party affected by Force Majeure having taken its reasonable and practicable efforts to perform this Agreement, the Party claiming for exemption of the liabilities may only be exempted from performing such liability as within limitation of the part performance delayed or prevented by Force Majeure. Once causes for such exemption of liabilities are rectified and remedied, both parties agree to resume performance of this Agreement with their best efforts.

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.

6.4 If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole according to the influence of force majeure. However, if force majeure occurs after the party delays performance, the party shall not be exempted from liability.

5 Force Majeure 1. In the case of failure to perform this Agreement due to any force majeure, neither party shall be liable for such failure, and this Agreement shall be terminated automatically. In the case of failure to perform any part of this Agreement due to any force majeure, the party suffering from such force majeure may be exempted from corresponding liability to the extent of the impact of such force majeure. However, such party shall continue to perform other obligations under this Agreement which have not been affected by such force majeure. If such force majeure occurs after such party delays to perform this Agreement, it shall not be exempted from its corresponding liabilities.

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.

8.2 If a party claiming Force Majeure fails to notify the other parties and provide appropriate evidence in accordance with the above provisions, it shall not be exempted from its liability for failure of performance or complete performance, or the necessity of delay in fulfilling its obligations. The party affected by Force Majeure shall make reasonable efforts to reduce the consequences of the Force Majeure and resume the performance of all relevant obligations as soon as possible after the termination of Force Majeure. If the party affected by Force Majeure fails to resume performance of the relevant obligations after the reasons for the temporary exemption from performance of the obligations due to Force Majeure disappear, such party shall be liable to the other parties in this regard.

Force Majeure.Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

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.

20.The Parties shall timely negotiate over resolutions and remedial measures in respect of the impact caused by force majeure. The impacted party shall try to take reasonable measures to minimize the losses that may be suffered by the other party; otherwise the impacted party shall compensate for the losses as expanded therefore.

10.2 The Party claiming being effected by a force majeure event shall promptly notify the other Parties in writing and shall furnish the other Party within thirty (30) days thereafter appropriate proof of the occurrence of the force majeure and the expected duration of the adverse effects resulting from such force majeure. The Party claiming a force majeure event renders the performance of all of part of this Agreement impossible or impracticable shall also use all practicable and reasonable efforts to eliminate or mitigate the impacts of the force majeure event on performance of its obligations hereunder.

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.

8.Force Majeure. “Force majeure” means any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement. Such circumstances include, but are not limited to, any strike, factory closure, explosion, maritime peril, natural disaster, act by a public enemy, fire, flood, accident, war, riot, insurgence or any other similar event.

8.2 If the party claiming force majeure fails to notify the other party in accordance with the above provisions and provide appropriate evidence, it shall not be exempted from the responsibility of failing to perform its obligations under this Agreement. The party affected by the force majeure shall make reasonable efforts to reduce the consequences caused by the force majeure and resume the performance of all relevant obligations as soon as possible after the termination of the force majeure. If the party affected by the force majeure fails to resume the performance of the relevant obligations after the reason for temporarily exempting the performance due to the force majeure disappears, the party shall be liable to the other party for this.

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.

9.1 If any party to this Agreement is unable to perform this Agreement due to any occurrence of force majeure after the signing of this Agreement, the party affected by force majeure shall notify the other party within ten working days from the date on which the force majeure occurs, and such notice shall specify the occurrence of the force majeure and declare the event as force majeure. At the same time, the party affected by the force majeure shall try its best to take measures to reduce the losses caused by the force majeure and protect the legitimate rights and interests of the other party. Force majeure refers to unforeseeable, unavoidable and insurmountable objective circumstances when the Agreement is entered into.

(f) Force Majeure. In no event shall JPMS be liable for (i)any cost, damages or delay caused, directly or indirectly, by war, acts of terrorism, riots, civil commotion, strikes, labor disputes, government acts, laws or regulations, exchange or market rulings, suspension of trading, embargoes, natural disasters, electrical failures, telephone communication line failures, computer failures, unavailability of the Federal Reserve Bank wire or telex or otherwise or communication facility or otherwise or any other cause of contingency to the extent beyond JP Morgan’s control that may prevent or delay the performance of any JPMS’s Obligations (an “Extraordinary Event”); or (ii)any damages caused, directly or indirectly, by your executing broker, by erroneous information received from you or by your failure to deliver instructions, including a failure which results in a lack of position or a failure to exercise rights on your behalf. In the event of an Extraordinary Event that may prevent or delay the performance of any of JPMS’s Obligations, the performance of JPMS’s Obligations shall be excused for the period of the delay and JP Morgan will in no event be liable for any loss, liability, damage, claim, cost or expense (including fees and expenses of legal counsel) arising from such delay or non-performance.

Force majeure: Yes; standard and satisfactory to both parties. Change of law: Not applicable; prescribed contract (Grandfathered). Law at signature prevails for duration of term and renewal option. Guarantees: Sovereign Guarantees provided by Government of Autonomous Island of Grande Comore for FULL EXECUTION of their obligations in Contracts. Limitation on Liability: Yes; only due to Force majeure. Exclusion of Liability: None Liquidated Damages: Yes; upon breach of execution of obligations from either party. Penalties for Non-Performance: None Termination: At end of term or option (to the discretion of BioCrude Technologies, Inc.), or if there is a breach from either party with no remedy related thereto (with penalty associations). Intellectual Property Rights: BioCrude Technologies, Inc. (FULL); No intellectual property transfer Health, Safety & Environmental Issues: Obligation to bring installations into compliance at start-up, and sustain throughout operation.

Section17.14. Force Majeure. In no event shall the Trustee or the Agents be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Trustee or the Agents, as the case may be, shall use reasonable efforts that are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

9.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. However, subject to the Party affected by Force Majeure having taken its reasonable and practicable efforts to perform this Agreement, the Party claiming for exemption of the liabilities may only be exempted from performing such liability as within limitation of the part performance delayed or prevented by Force Majeure. Once causes for such exemption of liabilities are rectified and remedied, each Party agrees to resume performance of this Agreement with best efforts.

6.2 If a Party is prevented or delayed from performing any of its obligations under this Agreement due to the Force Majeure, the Party affected is excused performance of such obligations hereunder within the scope of such prevention or delay. The Party affected shall take reasonable steps to minimize or eliminate the effect as the result of Force Majeure and shall exercise efforts to resume the performance prevented or delayed due to Force Majeure. Once the event of Force Majeure eliminated, each party agrees to use its best efforts to resume the performance of its obligations under this Agreement.

9.2 If a party claiming Force Majeure fails to notify the other party and provide appropriate evidence in accordance with the above provisions, it shall not be excused from its liability for failure to perform, completely perform or delay performing its obligations under this Agreement. The party affected by Force Majeure shall make reasonable efforts to reduce the consequences of the Force Majeure and resume the performance of all relevant obligations as soon as possible after the termination of Force Majeure. If the party affected by Force Majeure fails to resume performance of the relevant obligations after the reasons for the temporary exemption from performance of the obligations due to Force Majeure, the party shall be liable to the other party in this regard.

9.1 Effects of Force Majeure. Neither Party shall be held liable or responsible for failure or delay in fulfilling or performing any of its obligations under this Agreement in case such failure or delay is due to any condition beyond the reasonable control of the affected Party including, but not limited to, acts of God, strikes, war, riot, earthquake, tornado, hurricane, fire, civil disorder, explosion, flood, sabotage, governmental order relating to national defense requirements (a “Force Majeure Event”). Such excuse shall continue as long as the Force Majeure Event continues, provided, however, that Rochester may cancel without penalty any and all orders upon the occurrence of a Force Majeure Event. Upon cessation of such Force Majeure Event, such Party shall promptly resume performance on all orders which have been terminated.

8.7 Force Majeure. No Party will be liable to the other for any failure or delay in the performance of its obligations to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, disease, epidemics, quarantines, pandemics, acts of government, a declared state of emergency, delays in visas, changes in laws and governmental policies, or other conditions beyond its reasonable control following execution of this Agreement. If the performance by either Party of any of its obligations under this Agreement (including making a payment) is prevented by any such circumstances, then such Party shall communicate the situation to the other as soon as possible, and the Parties shall endeavor to limit the impact to the Projects. The Parties agree to mitigate risks to the Research Projects and personnel, and to amend Research Projects period of performance and milestones if possible.

21.1 Non-fulfillment, delay or omission by any of the Parties as regards of any and all of the obligations imposed by this Agreement will not be considered a breach of the Agreement, nor will it entail any liability when it is the result of Force Majeure. Force Majeure will be understood to comprise any extraordinary event, unforeseeable, or if foreseeable, an inevitable event, such as labor disputes, fire, mobilization, public health emergencies, insurrection, war, natural disasters, the prohibition of a government to not supply to a national company or organization, damages caused by the application of extraterritorial laws, embargoes and blockades imposed by third countries to any of the Parties, among others, that may occur or remain in force after the signing of this Agreement which may impede the partial or total fulfillment by the Parties of the obligations pursuant to this Agreement. The Party that invokes Force Majeure must notify the other Party in writing, within a period of thirty (30) days following the date of occurrence of the event or events constituting Force Majeure. This notification must be supported by a document issued for a competent authority and shall be duly certified. The document containing the above-mentioned information will be sent by courier delivery service within a period of thirty (30) days following the date of the initial notification.

If any party to the Agreement is unable to perform the Agreement due to force majeure after the Agreement is signed, the party affected by the force majeure shall notify the other parties within 10 working days from the date of the force majeure, and the notice shall state the force majeure occurred and shall declare the event is force majeure. At the same time, the party suffering from force majeure shall try its best to take measures to reduce the losses caused by force majeure and shall strive to protect the legitimate rights and interests of the other parties.

If force majeure results in that the Agreement cannot be fulfilled, the Agreement shall be terminated, and the party suffering from the force majeure shall not be liable for the aforementioned termination of the Agreement caused by the force majeure. If part of the Agreement cannot be performed or is delayed to be performed due to force majeure, the party affected by the force majeure shall not be liable for any breach of contract for such part of the Agreement that cannot be performed or that is delayed to be performed.

If a Force Majeure event occurs, the declaring Party may exercise its right under this Article X by giving timely notice thereof to the other Party setting forth with reasonable particularity the nature of the Force Majeure event. The declaring Party shall only be excused from performance hereunder during the duration of, and only to the extent of, the Force Majeure event. Under no circumstance shall (i) Seller be obligated to cure any deficiencies in deliveries of Product caused by Force Majeure or (ii) Buyer be obligated to cure any deficiencies in Product purchased caused by Force Majeure. Further, neither Seller nor Buyer (except as set forth in Article X, Section D below) shall be obligated to take any action which would result in increasing such Party's performance costs under this Agreement beyond the costs which it would have incurred in the absence of such Force Majeure event. The declaring Party shall give the other Party prompt notice of when the Force Majeure event ends.

12.2 Although the affected party will not be responsible for any damage by reason of such a failure or delay of performance caused by Force Majeure, the affected party shall be exempted from such liabilities when it uses its reasonable efforts to minimize or remove the effects of Force Majeure and attempt to resume performance of the obligations delayed or prevented by the event of Force Majeure. After the event of Force Majeure is removed, both parties agree to use their best efforts to resume performance of this Agreement.

If during the term of this agreement force majeure (including but not limited to war, riots, earthquakes, natural disasters, etc.) causes that some or all of the terms of this agreement cannot be fulfilled, the defaulting party will not be liable for breach of contract. Both parties are obliged to continue to perform the remaining terms of this agreement that are not affected. If the purpose of this agreement can no longer be carried out due to force majeure, this agreement is automatically terminated and both parties bear their own losses. Each party shall immediately notify the other party of the occurrence of force majeure, and shall, within 14 days, present to the other party a certified written statement issued by notary office describing the event of force majeure time. Otherwise, the party claiming force majeure cannot delay or avoid performance or non-performance under the agreement on the grounds of force majeure. The party affected by force majeure shall take reasonable actions to mitigate the damages.

11.1“Events of Force Majeure” refers to any events that are beyond the reasonable control of a party and cannot be avoided with reasonable care by the Affected Party, including but not limited to government acts, natural disasters, fire, explosion, storm, flood, earthquake, tide, lightning or war.However, insufficient credit, capital or financing shall not be deemed as matters beyond the reasonable control of a party. The party under the impact of an event of force majeure (the "Affected Party") shall be exempted from its obligations in part or in full depending on the extent of the impact of the event of force majeure. Any Affected Party seeking to be exempted from its obligations under this Agreement because of an event of force majeure shall notify the other party of the event of force majeure no later than ten (10) days after the occurrence of the event of force majeure, and the Parties shall revise this Agreement according to the impact of the event of force majeure and exempt the obligations of the Affected Party under this Agreement in part or in full.

6.1In case of earthquake, typhoon, flood, fire, war and other unforeseeable, unpreventable or unavoidable force majeure events (including but not limited to act of god, strike, riot, act of war, outbreaks of infectious diseases, government control after contract conclusion, rainstorm or other natural disasters), and thereby causing direct impact on the performance of this Agreement or this Agreement cannot be performed according to the terms agreed, the party who encounters the aforesaid force majeure event shall immediately inform the other party on the situations related to such event, and shall provide written report on details of force majeure within 5 business days after the occurrence of force majeure event, and submit valid supporting documents on such force majeure within one month after submitting such written report, such supporting documents shall be issued by the notary authority located in the place of force majeure event, except for it is forbidden by national laws, regulations and policies. Based on the event’s degree of impact on agreement performance, all parties may, through consultation, decide whether or not to exempt from performing the obligations of this Agreement, or delay the performance of this Agreement. Neither party may propose a claim for compensation for the loss caused by force majeure. Once the force majeure disappears, all parties shall immediately take measure to continue to perform the agreement due to be performed.