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Fill and Sign the Subject to the Foregoing the Events of Force Majeure Shall Form

Fill and Sign the Subject to the Foregoing the Events of Force Majeure Shall Form

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§ 11.03 Negotiating and Dra fting the Force Majeu re Provisi on Page 328 Force Majeure Event means war, flood, lightning, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, act of God or the public enemy, terrorist act, military action, epidemic, famine or plague, shipwreck, action of a court or public authority, or strike. Page 332 In furtherance of the definition of Force Majeure Event and not in limitation of that definition, each of the following acts or events is an example of an act or event that could be a Force Majeure Event if the act or event meets each of the requirements of Section X.01(a): war, flood. . . . Page 336 Strike, work-to-rule action, go-slow or similar labor difficulty directed only against a party and that continues for a period of seven or more consecutive days. *** Despite the provisions of Section X.01(a)(iii), no party must settle any strike, work-to-rule action, go-slow or similar labor difficulty on terms it considers unfavorable in order to meet the requirement that it exercise due diligence to avoid or overcome the Force Majeure Event. Page 337 “Change in Law” means any of the following: (a) Any adoption after the date of this Agreement of any law, statute, act, ordinance, rule, regulation, requirement or order of any national, state or local government, or any agency, commission or other body or their instrumentalities (collectively, “Laws”). (b) Any change after the date of this Agreement in any Law, or in its interpretation or administration by any governmental instrumentality. (c) Any requirement to obtain any permit, approval, consent, license or other authorization not required on the date of this Agreement, or any amendment or attachment to any permit, approval, consent, license or other authorization required on the date of this Agreement of any terms or conditions that have an adverse effect on a party’s rights or the performance by a party of its obligations under this Agreement. Page 338 Political Force Ma jeure Event. As used in this Agreement, a “Political Force Majeure Event” means any of the following: (a) Any act of war (whether declared or undeclared), invasion, sabotage, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist act, military action or civil commotion. (b) Any radioactive contamination or ionizing radiation. (c) Any politically motivated strike or industrial action (excluding any action that is site specific and attributable to the Company). (d) Any Change in Law. (e) Any expropriation or compulsory acquisition by a governmental agency of any material assets or rights of the Company or the Company’s contractors. (f) Any unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any consent or permit required by the Company, or any of the Company’s contractors, to perform their obligations under this Agreement or any unlawful, unreasonable or discriminatory refusal to grant any such consent or permit. (g) Any other unlawful, unreasonable or discriminatory action on the part of a governmental instrumentality which is directed against the Company. Page 339 Any Force Majeure Event affecting a party’s subcontractors or third party contractors constitutes a Force Majeure Event affecting that party. *** If there is an act or event that constitutes a force majeure event under the contract between a party and any subcontractor or third party contractor, as the case may be, then that act or event is a Force Majeure Event as to that party.

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