不可抗力条款示例

1. Force Majeure

1.1 Force Majeure Event only means any of the following events:

a) acts of God, flood, drought, earthquake or other catastrophic natural disaster

(but excluding adverse weather conditions);

b) epidemic or pandemic;

c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation

for war, armed conflict, imposition of sanctions, embargo, or breaking off of

diplomatic relations;

d) nuclear, chemical or biological contamination or sonic boom;

e) fire or explosion;

f) any labour or trade dispute, strikes, industrial action or lockouts (other than in

each case by the party seeking to rely on this clause, including its

subcontractors or suppliers); or

g) Interruption or failure of major utility services (other than in each case where

the interruption or failure is caused by the party seeking to reply on this cause

including its subcontractors or suppliers).

[Any Force Majeure event shall be evidenced by the relevant authority of the

country where the relevant event occurs.]

1.2 Provided it has complied with clause 1.4, if a party is prevented from performing

any of its obligations under this contract by a Force Majeure Event (Affected

Party), the Affected Party shall not be deemed in breach of this contract or

otherwise liable for any such failure or delay in the performance of such

obligations.

1.3 The corresponding obligations of the other party will be suspended, and its time

for performance of such obligations extended, to the same extent as those of

the Affected Party.

1.4 The Affected Party shall:

a) as soon as reasonably practicable after the start of the Force Majeure

Event [but no later than [NUMBER] days from its start], notify the other

party in writing of the Force Majeure Event, the date on which it started,

its likely or potential duration, and the effect of the Force Majeure Event

on its ability to perform any of its obligations under the contract; and

b) use all reasonable endeavours to mitigate the effect of the Force

Majeure Event on the performance of its obligations.

1.5 Once the Force Majeure Event ceases to exist, the Affected Party must as soon

as reasonably practicable resume the performance of its obligations under this

contract. Where the Affected Party is the contractor, the contractor must

provide a revised programme rescheduling the works to minimise the effects of

the prevention or delay caused by the Force Majeure Event.

1.6 A Force Majeure Event does not relieve a party from the liability for an

obligation which arose before the occurrence of that event.

1.7 The contractor has no entitlement and the employer has no liability for any

extension of time or costs in any way incurred by the contractor due to a Force

Majeure Event.

1.8 If the Force Majeure Event prevents the Affected Party's performance of its

obligations for a continuous period of more than [NUMBER] [weeks], the party

not affected by the Force Majeure Event may terminate this contract by giving

[NUMBER] [weeks'] written notice to the Affected Party.

1. Force Majeure

1.1 “Force Majeure” means:

a) Acts of God, flood, drought, earthquake or other catastrophic natural disaster;

b) epidemic or pandemic;

c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for

war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic

relations;

d) nuclear, chemical or biological contamination or sonic boom;

e) any law or any action taken by a government or public authority, including without

limitation imposing an export or import restriction, quota or prohibition[, or failing to

grant a necessary licence or consent];

f) fire, explosion or other similar accident;

g) any labour or trade dispute, strikes, industrial action or lockouts (whether involving

the workforce of the party so prevented or of any other party);

h) non-performance by suppliers or subcontractors;

i) interruption or failure of utility service

or any other circumstances beyond the Parties' control, whether such other circumstances be of the classes herein specifically provided or not.

1.2 In the case of a Force Majeure event, if the performance of either Party’s obligations

hereunder is prevented, hindered or delayed, the affected Party shall notify the other Party. The affected Party shall not be deemed in breach of this contract or otherwise

liable for any such failure or delay in the performance of such obligations. The time for

performance of such obligations shall be extended by a period equal to the duration of the relevant Force Majeure Event.

1.3 If the Contractor incurs additional cost by reason of a Force Majeure event, the

Contractor shall be entitled to additional cost.

1.4 If the execution of substantially all the Works in progress is prevented for more than

180 days by reason of one or more Force Majeure events during the performance of

the Contract, then either Party may give to the other Party a notice of termination of

the Contract.

1.5 Notwithstanding any other provision of this Clause, if any event or circumstance

outside the control of the Parties (including, but not limited to, Force Majeure) arises

which makes it impossible or unlawful for either or both Parties to fulfill its or their

contractual obligations or which, under the law governing the Contract, entitles the Parties to be released from further performance of the Contract, then upon notice by

either Party to the other Party of such event or circumstance, the Parties shall be

discharged from further performance, without prejudice to the rights of either Party in respect of any previous breach of the Contract.

LOGIC Marine Construction Contract

15. FORCE MAJEURE

15.1 Neither the COMPANY nor the CONTRACTOR shall be responsible for any failure to

fulfill any term or condition of the CONTRACT if and to the extent that fulfillment has been delayed or temporarily prevented by a force majeure occurrence, as hereunder

defined, which has been notified in accordance with this Clause 15 and which is

beyond the control and without the fault or negligence of the party affected and which, by the exercise of reasonable diligence, the said party is unable to provide against.

15.2 For the purposes of this CONTRACT only the following occurrences shall be force

majeure.

(a) Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or

not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped

power;

(b) Ionising radiations or contamination by radio-activity from any nuclear fuel or from

any nuclear waste from the combustion of nuclear fuel or radioactive, toxic, explosive

or other hazardous properties of any explosive nuclear assembly or nuclear

component thereof;

(c) Pressure waves caused by aircraft or other aerial devices travelling at sonic or

supersonic speeds;

(d) Earthquake, flood, fire, explosion and/or other natural physical disaster, but

excluding weather conditions as such, regardless of severity;

(e) Strikes at a national or regional level or industrial disputes at a national or regional

level, or strikes or industrial disputes by labour not employed by the affected party its

subcontractors or its suppliers and which affect a substantial or essential portion of the

WORK;

(f) Maritime or aviation disasters;

(g) Changes to any general or local Statute, Ordinance, Decree, or other Law, or any

regulation or bye-law of any local or other duly constituted authority or the introduction

of any such Statute, Ordinance, Decree, Law, regulation or bye-law.

15.3 In the event of a force majeure occurrence, the party that is or may be delayed in

performing the CONTRACT shall notify the other party without delay giving the full

particulars thereof and shall use all reasonable endeavours to remedy the situation

without delay.

15.4 If either party is delayed in performing the CONTRACT by a force majeure occurrence,

the SCHEDULE OF KEY DATES but not the CONTRACT PRICE, except as otherwise expressly provided in the CONTRACT, shall be adjusted in accordance with Clause

14 and Clause 15.6.

15.5. Following notification of a force majeure occurrence in accordance with Clause 15.3,

the COMPANY and the CONTRACTOR shall meet without delay with a view to

agreeing a mutually acceptable course of action to minimise any effects of such

occurrence.

Subject to the provisions of this Clause, the COMPANY may instruct the CONTRACTOR to remain on stand-by at the WORKSITE in which event the CONTRACTOR shall be entitled to payment at the relevant stand-by rates set out in Appendix 1 to Section I - Form of Agreement. In the event that the COMPANY does not elect to retain the CONTRACTOR on stand-by at the WORKSITE or, having

elected to retain the CONTRACTOR, the delay due to force majeure exceeds the time period specified in Appendix 1 to Section I –Form of Agreement, then subject to Clause 15.6, the CONTRACTOR may leave the WORKSITE in order to fulfill any obligations it may have under other contracts.

15.6 Upon cessation of any force majeure occurrence the CONTRACTOR shall prepare a

revised PROGRAMME to include for rescheduling of the WORK so as to minimise the effects of the delay. Providing however that if, in accordance with Clause 15.5, the CONTRACTOR has left the WORKSITE as a result of such occurrence, the CONTRACTOR may allow in such revised PROGRAMME any necessary time for completion of any operations on which it is engaged at the date of cessation of the force majeure occurrence.

Having made due allowance for any instruction to accelerate the WORK given in accordance with Clause 14, the COMPANY shall authorise a VARIATION to adjust the SCHEDULE OF KEY DATES in order to take into account any remaining effects of such delay.