22. Force Majeure
Neither party shall be liable for any failure or delay in performing its contractual obligations to the extent that such failure or delay is caused by force majeure.
Force majeure means an unforeseeable event or circumstance beyond the control of the parties, the effects of which the affected party could not reasonably have prevented, avoided or overcome despite taking appropriate measures.
Force majeure may include, but is not limited to, an act or order of a public authority, strike, lockout, industrial action, war, armed conflict, act of terrorism, sabotage, riot, exceptional natural event, storm, flood, earthquake, fire, explosion, epidemic, pandemic, major disruption to energy or telecommunications networks, serious disruption to transport chains, or any other event with comparable effects.
The above list is illustrative and not exhaustive.
A party invoking force majeure shall notify the other party without undue delay.
In the event of circumstances relating to weather conditions, Section 12, Weather Conditions, of these terms and conditions shall apply primarily.
If force majeure prevents the performance of the work or causes unreasonable hardship to either party, either party shall be entitled to suspend or terminate the agreement.
Neither party shall be entitled to claim compensation from the other party for any loss or damage resulting from force majeure.
The Supplier shall, however, be entitled to charge for work performed and other costs incurred before the force majeure event occurred.