Principal written confirmation that the relevant insurance cover remains
unavailable as described in this clause 36.7(d).
37.
FORCE MAJEURE
37.1
FORCE MAJEURE NOTICE
(A)
IF THE CONTRACTOR ALLEGES OR WISHES TO CLAIM THAT FORCE
MAJEURE HAS OCCURRED THE CONTRACTOR MUST GIVE THE PRINCIPAL PROMPT WRITTEN
NOTICE OF THE FORCE MAJEURE ONCE IT BECOMES AWARE OF THE SAME AND THE
OBLIGATIONS AFFECTED TOGETHER WITH FULL PARTICULARS OF ALL RELEVANT MATTERS
INCLUDING:
(I)
DETAILS OF THE FORCE MAJEURE;
(II)
DETAILS OF THE OBLIGATIONS AFFECTED;
(III)
DETAILS OF THE ACTION THAT THE CONTRACTOR HAS TAKEN AND/OR
PROPOSES TO TAKE TO REMEDY THE SITUATION;
(IV)
AN ESTIMATE OF THE TIME DURING WHICH THE CONTRACTOR WILL BE
UNABLE TO CARRY OUT ITS OBLIGATIONS DUE TO THE FORCE MAJEURE;
(V)
AN ESTIMATE OF THE COSTS THAT THE CONTRACTOR WILL INCUR TO
REMEDY THE SITUATION; AND
(VI)
DETAILS OF ALL INSURANCE MONEYS UPON WHICH THE CONTRACTOR
WILL BE ABLE TO RELY IN MAKING GOOD DAMAGE CAUSED BY THE FORCE MAJEURE.
(B)
AFTER GIVING NOTICE UNDER CLAUSE 37.1(A) THE CONTRACTOR MUST
CONTINUE TO PROVIDE TO THE PRINCIPAL ALL RELEVANT INFORMATION PERTAINING TO THE
FORCE MAJEURE.
37.2
MEETING, APPLICATION OF PROVISIONS
The parties must meet within 5 Business Days of service of a notice of a Force
Majeure event to determine:
(A)
IF THE FORCE MAJEURE IS COVERED BY INSURANCE;
(B)
THE ESTIMATED LENGTH OF TIME FOR WHICH THE FORCE MAJEURE
WILL CONTINUE; AND
(C)
A PLAN OF ACTION TO REMEDY (IF POSSIBLE) THE EFFECTS OF THE
FORCE MAJEURE.
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37.3
SUSPENSION OF OBLIGATIONS
(A)
IF A FORCE MAJEURE OCCURS EACH PARTY'S OBLIGATIONS UNDER
THIS AGREEMENT (OTHER THAN UNDER THIS CLAUSE 37) WHICH ARE AFFECTED BY THE FORCE
MAJEURE WILL BE SUSPENDED BUT ONLY TO THE EXTENT AND FOR SO LONG AS SUCH
OBLIGATIONS ARE AFFECTED BY THE FORCE MAJEURE.
(B)
IF A FORCE MAJEURE OCCURS AND A NOTICE UNDER CLAUSE
37.1(A) IS ISSUED, NO PARTY WILL BE IN DEFAULT OF ITS OBLIGATIONS UNDER THIS
AGREEMENT IN SO FAR AS THE FAILURE OR DELAY IN THE OBSERVANCE OR PERFORMANCE OF
THOSE OBLIGATIONS BY THAT PARTY IS CAUSED BY THE FORCE MAJEURE SPECIFIED IN THE
FORCE MAJEURE NOTICE.
(C)
UPON THE PRINCIPAL OR THE CONTRACTOR (AS THE CASE MAY BE)
BECOMING ABLE TO RECOMMENCE PERFORMING ITS OBLIGATIONS WHICH WERE SUSPENDED
UNDER CLAUSE 37.3(A), THE PRINCIPAL OR THE CONTRACTOR (AS THE CASE MAY BE) MUST
RECOMMENCE THE PERFORMANCE OF THOSE OBLIGATIONS.
37.4
DUTY TO REMEDY FORCE MAJEURE
(A)
WHERE THERE IS A REMEDY, THE CONTRACTOR MUST USE ITS
REASONABLE ENDEAVOURS TO REMEDY THE EFFECTS OF A FORCE MAJEURE PROMPTLY,
INCLUDING MAKING ANY REASONABLE EXPENDITURE OF FUNDS WHICH MAY MITIGATE OR AVOID
THE EFFECT OF THE FORCE MAJEURE.
(B)
WHERE A FORCE MAJEURE HAS RESULTED IN DAMAGE TO THE
SOLUTION, THE CONTRACTOR MUST:
(I)
PROMPTLY RECONSTRUCT, RECTIFY OR REPLACE THAT PART OF THE
SOLUTION WHICH HAS BEEN DAMAGED; AND
(II)
APPLY ANY INSURANCE PROCEEDS IN FULFILMENT OF ITS
OBLIGATIONS UNDER CLAUSE 37.4(B)(I) AND, IF IT FAILS TO DO SO, ACCOUNT TO