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This excerpt taken from the RTI 10-Q filed Aug 4, 2006. Article 21: FORCE
MAJEURE
A Party (“Party Affected”) shall not be held
responsible for the non fulfilment of its contractual
obligations due to an event of Force Majeure, i.e. an
unforeseeable, irresistible event beyond the control of the
Party. In this case, except in the case of a strike, subject to
Article 21.2 here below, the contractual obligations of the
Party Affected shall be suspended as of the date of receipt of
the notification by the other Party.
The notification and all supporting documents demonstrating the
reality of such an event shall indicate in particular the
foreseeable date of return to satisfactory performance of the
Contract
and/or
Procurement Orders concerned, as well as the measures taken to
remedy the consequences of the event of Force Majeure. The Party
Affected shall keep the other Party regularly informed of the
evolution of the situation.
As soon as the hindrance due to the case of Force Majeure ceases
to exist, and subject to the provisions of Article 19.1
(Termination for Force Majeure), the Party Affected shall inform
the other Party forthwith and the suspended contractual
obligations shall resume for the remaining duration of this
Contract
and/or
Procurement Orders.
Any case of Force Majeure not notified in writing within fifteen
(15) business days following its occurrence shall not vest
in the Party claiming the case of Force Majeure the right to
enforce this Article 21.
In the event of a strike at either Party’s manufacturing
facilities, the Party affected by the strike shall:
(i) advise the other Party within five (5) business
days;
(ii) make its best endeavour to comply with delivery
schedules in force when the strike began;
(iii) in the event that the original delivery schedule will
be affected by the strike, provide a recovery plan to be
mutually agreed by both Parties within fifteen
(15) business days from the notification of the strike.
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