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competent jurisdiction whenever the facts or circumstances would permit a Party to seek such <br /> equitable relief without obligation to post bond. <br /> ARTICLE XII <br /> FORCE MAJEURE <br /> 147. Suspension of Obligations. If, because of a Force Majeure event, either Party is <br /> unable, in whole or in part, to carry out its obligations under this Agreement, then such Party <br /> shall give written notice and reasonably full details of the Force Majeure event to the other Party <br /> as soon as possible after the event's occurrence. Upon such notice, the obligations of the <br /> noticing Party (other than the obligation to make any payments under this Agreement) shall be <br /> suspended during the period in which the Party is unable to perform because of the Force <br /> Majeure event,but for no longer period,provided that: <br /> a. the burden of proof on whether a Force Majeure event has occurred shall <br /> be upon the Party claiming Force Majeure; <br /> b. the nonperforming Party shall make all reasonable efforts to continue to <br /> perform its obligations despite the occurrence of a Force Majeure event; <br /> and <br /> c. the nonperforming Party shall provide the other Party with prompt written <br /> notice of the cessation of the Force Majeure event. <br /> ARTICLE XIII <br /> MISCELLANEOUS <br /> 148. Records. During the term of this Agreement, and for a period of three (3) years <br /> thereafter (unless a longer period of time is required under applicable Laws), each Party shall <br /> keep and maintain complete and accurate records and all other data required by each of them for <br /> the purposes of the proper administration of this Agreement. Each Party shall have the right, at <br /> 49 <br /> {00018638.DOC 24} <br />