In the event of termination under this Article 25.7 by OWNER, CONTRACTOR shall not be entitled to receive any further payment until the WORK is completed. If the sum of the total cost to OWNER of completing the WORK plus amounts previously paid to CONTRACTOR for the WORK shall exceed the CONTRACT PRICE for the completed WORK, CONTRACTOR shall promptly pay the difference to OWNER. If the CONTRACT PRICE for the completed WORK shall exceed the sum of the total cost to OWNER of completing the WORK plus all amounts previously paid to CONTRACTOR for the WORK, such excess shall be paid by OWNER to CONTRACTOR. OWNER shall have the right and is authorized to set-off against and deduct from said excess payable to CONTRACTOR, any other damages suffered by OWNER due to said default or event giving rise to the termination or due to other defaults of CONTRACTOR to comply with the terms of this CONTRACT, and CONTRACTOR shall be and shall continue to be fully liable for all such other damages of OWNER. A waiver by OWNER of one default of CONTRACTOR shall not be considered to be a waiver of any subsequent default of CONTRACTOR, nor be deemed to amend or modify the terms of this CONTRACT. CONTRACTOR expressly waives any formal NOTICE of CONTRACTOR’s failure to perform, or passive breach of, CONTRACTOR’s express CONTRACT obligations under this CONTRACT.
25.8. In the event of termination, the provisions of this CONTRACT shall remain in force and effect only as to all WORK performed prior to the effective date of the termination.
ARTICLE 26 FORCE MAJEURE
26.1 If either OWNER of CONTRACTOR is rendered unable in whole or in part, by Force Majeure, to perform or comply with any obligation of this CONTRACT, upon giving NOTICE and full particulars to the other Party, such obligation shall be suspended during the continuance of the inability so caused and such Party shall be relieved of liability for failure to perform the same during such period.
26.2 Both OWNER and CONTRACTOR shall make all efforts to eliminate the situation of Force Majeure as soon as possible. If the situation of Force Majeure cannot be eliminated within a period of one (1) month, the Parties shall meet to find a suitable solution taking into account the interests of the Parties and if a suitable solution cannot be achieved after the condition of Force Majeure continues for a period of three (3) months, either Party may terminate this CONTRACT.
26.3 For the purpose of this Article 26, Force Majeure shall have the same meaning as enacted in the applicable Thai Civil and Commercial Code such as acts of God, act of civil or military authority, war, civil commotion, explosion, fire or earthquake, strikes, and lock-outs.
26.4 The occurrence of Force Majeure shall not entitle CONTRACTOR to any additional compensation whatsoever.
26.5 The occurrence of any weather conditions or any consequence thereof shall not be considered a Force Majeure, unless such weather condition is proven to be more severe than the worst conditions encountered at the affected