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71 <br />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 11/IAJEURE <br />148. Suspension of ®bli~ations. 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 Parry <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 />~'. <br />-~~-.-"j-y... <br />Majeure event, but for no longer period, p'r`c~ded that: <br />~~ -~.: <br />a. the burden of proof on~whetbcr a~Fnrce Majeure event has occurred shall <br />be upon the Parry cla m~n~a__._ 'Force Maje`~me;. <br />4~ <br />b. the nonperforming Party shall make all reasonable efforts to continue to <br />,~,~.~. <br />>~ <br />perform its obligations despite the occurrence of a Force Majeure event; <br />r~ <br />k <br />,~ <br />< ~ <br />~, r~: ~ c. the none rforming Party shall provide the other Party with prompt written <br />~~ <br />.. ~~, notice the cessation of the Force Majeure event. <br />~_~ ~;. <br />~`~ ~'~ ~;, ,~ ARTICLE XIII <br />~_;~ ~" <br />ti-~-. <br />MISCELLANEOUS <br />149. 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 Parry 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 />48 <br />{00018638.DOC 16} <br />