Tuesday, January 13, 2009

Sample Force Majeure Clause for contracts under Pakistani law

a. Neither Party hereto shall be liable for any breach of its obligations under this Agreement resulting from causes beyond its reasonable control, including but not limited to war, fires, insurrection, embargoes, ( each an "Event of Force Majeure').
b. As used herein the term “Force Majeure” shall mean and include but shall not be limited to any acts of God, explosion, fire, flood, drought or perils of the sea or air, explosion, sabotage, embargo, riot, civil commotion, war or other hostilities, governmental or parliamentary legislative acts, regulations or orders, suspension of any operations of Mobilink or any of its cell sites or other telecommunications equipment, or any other circumstance beyond the reasonable control of the delayed Party, and provided the Party delayed notifies the other Party without delay in writing of the beginning and end of any such circumstances. The Party delayed shall use every endeavour to minimize the hindrance or prevention of such fulfillment. Upon the ending of such circumstance, the delayed Party shall without delay resume the fulfillment of its obligations including any obligations the performance of which was interrupted thereby. The Parties do however acknowledge that no circumstances of Force Majeure exist as on Contract Effective Date. Should, however, a circumstance of Force Majeure uninterruptedly continue for over a period of more than forty-five (45) days, either Party has the right to terminate in writing this Agreement.

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