TNAG-2109-FCO40-3008-Outer-Space-Act-1986-extension-to-Hong-Kong-1990 — Page 74

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

20.1

20.2

20.3

ARTICLE 20

FORCE MAJEURE

Neither Party shall be liable for delays in performance or for damage occasioned or caused by an Event of Force Majeure. For the purposes of this Contract, an Event of Force Majeure shall mean any event which occurs after the signature of this Contract which is beyond the reasonable control of the Party affected thereby, including but not limited to, war, flood, fire, typhoon, earthquake, strikes or labor disturbances, epidemics, quarantine restrictions, freight embargoes, acts of a government in its sovereign capacity, as well as any other event beyond the Party's reasonable control and not caused by the fault or negligence of such Party or its Associates. Inability of a Party to secure funds, arrange bank loans or other financing or to obtain credit shall not be regarded as an Event of Force Majeure.

The Party affected shall promptly notify the other Party after the occurrence of the Event of Force Majeure and within fourteen (14) days thereafter shall send by registered airmail to the other Party a letter stating the date, nature and extent of the occurrence together with a certificate of evidence issued by the relevant authorities. The Party affected shall take appropriate measures to minimize or remove the effects of the Event of Force Majeure and, within the shortest time possible, shall attempt to resume performance of the obligations affected by the Event of Force Majeure.

If an Event of Force Majeure occurs, either Party may request a postponement of the Launch to the extent such postponement is required as a direct result of the Event of Force Majeure. Any request for postponement which is not so required or which is for a longer period than required shall be subject to the provisions of Article 10 hereof, including postponement fees if applicable. Postponements arising as a consequence of an Event of Force Majeure affecting the ability of either Party to perform this Contract shall:

(a) operate to postpone the obligations of the Client to

make payment of any installment of the Fixed Launch Service Fee or any other payment required or under this Contract, if the period of postponement of performance which arises as a consequence of the Event of Force Mejure will be such that the Launch will be postponed for three months or more; and

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