Article 94 - Force Majeure
Force Majeure" means any circumstances which are not within the reasonable control of the party concerned and which that party could not be reasonably be expected to have taken into account at the time of conclusion of the contract, including without limitation strikes, damage to premises, plant and equipment, breach of a contract by an unrelated third party, governmental action, civil commotion, riot or war and natural physical disaster.
(2) Neither party shall be deemed to be in breach of a contract or otherwise liable to the other as a result of any delay or failure in the performance of its obligations if and to the extent that such delay or failure is caused by
Force Majeure and the time for performance of the relevant obligation(s) shall be extended accordingly.
(3) The party not affected by such
Force Majeure shall be relieved from any obligation to make payment to the party affected by the Force Majeure for so long as the performance is suspended except in respect of performance which has been actually carried out, and which complies with the terms of the contract.
(4) A party whose performance of his obligations is delayed or prevented by
Force Majeure shall:
(A) forthwith notify the other party of the nature, extent, effect and likely duration of the circumstances constituting the
(B) use all reasonable endeavours to minimise the effect of the
Force Majeure on its performance of his obligations; and
(C) subject to Article 94(5) forthwith after the cessation of the
Force Majeure notify the other party thereof and resume full performance of his obligations.
(5) If any
Force Majeure delays or prevents the performance of the obligations of either party for a continuous period in excess of six months, the party not so affected shall then be entitled to give notice to the affected party to terminate the contract.