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建筑安装工程承包合同(35)

2012-09-29 02:30 来源:范文站 人气(0) 范文站fanwenzhan.comRSS订阅 

    2. "force majeure" means circumstances and conditions beyond the control of either parties, that would render it impossible for either the owner or the contractor to fulfill their obligations under this contract, or delay such fulfillment. any of the following matters are considered "force majeure."
      (1)war, hostilities, act of foreign enemy, invasion, warlike opera-tions (whether war to be declared or not) or civil war;
      (2)mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power, or any act of any person acting on behalf of or in connection with any organization with activities directed towards the overthrow by force of the government de jure or de facto, or to the influencing of it by terrorism or violence;
      (3)earthquake, flood, fire or other natural physical disaster;
      (4)denial of the use of all ports, airports, shipping services or other means of public transport;
      (5)trike or lock out or other industrial concerted action by workers, affecting the fulfillment of contractor's and subcontractors' obligations;
      (6)and other unforeseen circumstances beyond the control of the parties so affected rendering the fulfillment of their obligations impossible.
    3. if either party to this contract is prevented or delayed from or in performing any of his obligations under this contract by force majeure, then he may notify the other party of the circumstances constituting the force majeure and of the obligation performance of which is thereby delayed or prevented and the party giving the notice shall thereupon be excused from the performance or punctual performance, as the case may be, of such obligation for so long as the circumstances of prevention or delay may continue.
    4. if by virtue of the preceding sub-clause dither party shall be excused from the performance or punctual performance of any obligation for a continuous period of (_________) months, then either party may at any time thereafter terminate this contract by giving a written notice to the other party.
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