Yes. Please see below:
“Neither Party shall be liable to the other for the temporary or definitive failure to perform all or part of its obligations under this Agreement when such Party’s (the “Affected Party”) performance is prevented or delayed inter alia, by flood, drought, fire, war, riot, act of terrorism, epidemic, act of God or act of government or any other cause beyond the Affected Party’s reasonable control (“Force Majeure Event”).
The Affected Party shall immediately inform the other Party in writing of the existence of the Force Majeure Event and that such Force Majeure Event has delayed or prevented performance of its obligations and shall take all action within its power to comply with its obligations, provided that it is no longer affected by a Force Majeure Event.
The affected Party must use reasonable endeavours to remove, overcome or minimise the effects of the Force Majeure, but is not obliged to undertake any measures to overcome the effects of Force Majeure which are not commercially or economically feasible.
The Affected Party shall, as soon as reasonably practicable after becoming aware of such Force Majeure event or circumstance, notify the other Party of:
- reasonably full particulars of the Force Majeure, the obligations affected by it and the extent of its effect on those obligations;
- an estimate of the period of time required to enable it to resume full performance of its obligations; and
- where possible, the means proposed to be adopted to remedy or abate the Force Majeure.
In case of Force Majeure, the Agreement shall be suspended for the duration of the Force Majeure Event, and the period of this Agreement shall be extended for a duration equivalent to that of the Force Majeure Event.
Should the Force Majeure Event endure for a period in excess of three months, then either Party shall be entitled to terminate this Agreement by written notice to the other Party.
For the avoidance of doubt, the application of the Force Majeure Event shall not be subject to any additional conditions other than those expressly set out herein (including, for the avoidance of doubt, any conditions required under Article 1148 of the Luxembourg Civil Code)”.