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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 Obli atg~ions. 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 tern of this Agreement, and for a period of tlv-ee (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 />