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ARTICLE XI <br />STATE OR FEDERAL LAWS, RULES, ORDER OR REGULATIONS <br />This Agreement and all operations hereunder are subject to all applicable federal and state laws <br />and all applicable ardinances, orders, rules and regulations of any local, state or federal <br />governmental authority having or asserting jurisdiction. <br />ARTICLE XII <br />FORCE MAJEURE <br />The parties' performance of this Agreement may be suspended and the obligations of <br />a party excused in the event and during the period that such performance is prevented or <br />delayed by a Force Majeure occurrence. "Force Majeure" shall mean: <br />a. An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, <br />extreme weather conditions, fire, flood, explosion, sabotage or similar occurrence, acts of a <br />public enemy, extortion, war, blockade or insurrection, riot, civil disturbance, strike or other <br />labor disturbances, governmental actions or regulations, governmental requests or <br />requisitions for national defense, or any other cause beyond the reasonable control of any <br />party hereto; <br />b. The order or judgment of any federal, state, or local court, administrative agency or <br />governmental body (excluding decisions of federal courts interpreting federal tax laws, and <br />decisions of state courts interpreting state tax laws) if it is not also the result of the willful <br />misconduct or negligent action or inaction of the party relying thereon; provided that neither <br />the contesting in good faith of any such order or judgment nor the failure to so contest shall <br />constitute or be construed as a measure of willful misconduct or negligent action or inaction <br />of such party; or <br />c. The suspension, termination, interruption, denial, or non-renewal of any permit or <br />approval essential to the operation of any party if it is not the result of willful misconduct or <br />negligent action or inaction of the party relying thereon. <br />By reason of Force Majeure, if any party shall be rendered partially or wholly unable <br />to carry out its obligations under this Agreement, other than an obligation to make payment, <br />then such party shall give notice in writing of such Force Majeure to the other parties within <br />a reasonable time after occurrence of the event or cause relied on, so far as it is affected by <br />such Force Majeure. Such party shall endeavor to remove or overcome such inability with all <br />commercially reasonable dispatch; and until such inability has been removed, no party shall <br />be deemed to be in default. Upon the cessation of Force Majeure, the party affected thereby shall <br />notify the other parties of such fact, and use its commercially reasonable efforts to resume normal <br />performance of its obligations under this Agreement as soon as possible. <br />7 <br />