Extract to table

" The definition contains two critical qualifying elements that must be satisfied in addition to the enumeration of specific event categories: first, the event must be one that "could not have been reasonably foreseen at the time of execution of this Agreement"; and second, the event must be one that "could not have been avoided or overcome through the exercise of reasonable diligence and commercially reasonable efforts

1(b) provides: "The Party claiming Force Majeure shall provide written notice to the other Party within ten (10) Business Days of the occurrence of the Force Majeure Event

1(b) shall constitute a waiver of the right to claim Force Majeure relief with respect to such event

" The notice provision is mandatory and self-executing: failure to provide timely notice "shall constitute a waiver" of the force majeure claim

1 are satisfied, the affected Party shall be entitled to an extension of time equal to the period of delay directly caused by the Force Majeure Event, provided that such extension shall not include any period during which the affected Party failed to exercise commercially reasonable efforts to mitigate

1(e) contains express exclusions from force majeure relief: "The following shall not constitute Force Majeure Events and shall not entitle the Contractor to relief under this Section 13