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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 />1~RTICLE XII <br />FORCE MAJEURE <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 Party <br />as soon as possible after the event's occurrence. Upan 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 Parry is unable to perform because of the Force <br />~~~_. <br />Majeure event, but for no longer period, pr~%v~ded that: <br />a. the burden of proof o `whether ~~"=Force Majeure event has occurred shall <br />~~ ~ ~~, <br />y <br />be upon the Party cla~mua:~y. orce Maje~`.ur"e;. <br />b. the nonperforming Party shall make all reasonable efforts to continue to <br />~` <br />~r <br />perform its obligations despite the occurrence of a Force Majeure event; <br />-~ ~~,.,, <br />'y <br />`~~ <br />~ 6 <br />,` c. the noyn~performing Party shall provide the other Party with prompt written <br />~F `- <br />Y~~~ <br />~ ~ ~' ~ notice ~il~the cessation of the Force Majeure event. <br />`~ <br />~`~ ,f~ ARTICLE XILi <br />~~> <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 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 />48 <br />{00018638.DOC 16} <br />