LOCKOUT OR INTERRUPTION OR FAILURE OF ELECTRICITY [OR TELEPHONE SERVICE] IN SUCH CIRCUMSTANCES. ANY PARTY ASSERTING FORCE MAJEURE AS AN EXCUSE SHALL HAVE THE BURDEN OF PROVING THAT REASONABLE STEPS WERE TAKEN (UNDER THE CIRCUMSTANCES) TO MINIMIZE DELAY OR DAMAGES CAUSED BY FORESEEABLE EVENTS, THAT ALL NON-EXCUSED OBLIGATIONS WERE SUBSTANTIALLY FULFILLED, AND THAT THE OTHER PARTY WAS TIMELY NOTIFIED OF THE LIKELIHOOD OR ACTUAL OCCURRENCE WHICH WOULD JUSTIFY SUCH AN ASSERTION, SO THAT OTHER PRUDENT PRECAUTIONS COULD BE CONTEMPLATED."
APPLICABLE LAW
IT IS AGREED THAT THE LANGUAGE OF THIS AGREEMENT IS THE ENGLISH. IT IS FURTHER AGREED THAT ANY CONTROVERSY, CLAIM AND/OR DISPUTE ARISING OUT AND/OR RELATING TO ANY PART OR THE WHOLE OF THIS AGREEMENT OR BREACH THEREOF AND WHICH CANNOT BE SETTLED BETWEEN THE SIGNATORIES THEMSELVES, SHALL BE SETTLED BY AND THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE ICC 500 INTERNATIONAL CHAMBER OF COMMERCE.
ANY DECISION AND/OR AWARD MADE BY THE ARBITRATORS SHALL BE FINAL, CONCLUSIVE AND BINDING ON THE PARTIES AND ENFORCEABLE LAW IN THE COUNTRY OF CHOICE OF AN AWARD BY THE ARBITRATORS. IN THE EVENT OF DISPUTE THE THAI LAW SHALL BE APPLIED. THE ARBITRATION SHALL BE CONDUCTED IN THAILAND AND THE COURT ARBITRATION SHALL BE IN THAILAND
TIME LIMITATION
IT IS UNDERSTOOD THAT WITHIN 15 DAYS AFTER SIGNING OF THIS AGREEMENT, THE PARTY B’S IS OBLIGED TO PROVIDE PARTY A POSITIVE VERIFICATION FOR VERIFICATION AND AUTHENTICATION. SHOULD PARTY’S B BANK BE UNABLE COMPLETELY TO PERFORM VERIFICATION OF FUNDS THESE 15 DAYS, THIS AGREEMENT FOR USD EXCHANGING WILL BE AUTOMATICALLY NULL AND VOID, WITHOUT ANY WRITTEN NOTIFICATION. IT IS REITERATED THAT, WITHIN OR LESS THAN 12 DAYS AFTER SIGNING THIS AGREEMENT, PARTY B MUST SUCCESSFULLY PROVIDE POSITIVE VERIFICATION TO PARTY A FOR PARTY A TO HAVE ENOUGH TIME TO COMPLETE VERIFICATION WITHPARTY B PROVISION FOR PARTY B’S POSITIVE VERIFICATION. OTHERWISE IT IS REQUIRED TO EXTEND THE AGREEMENT TIME FOR ANOTHER 15 DAYS FOR POSITIVE VERIFICATION PROCESS BY PARTY B’S REQUEST IN WRITING TO PARTY A 3 DAYS BEFORE EXPIRATION PERIOD. THE EXTENSION OF THE AGREEMENT SHALL BE REMAINED IN FORCE AND EFFECT IMMEDIATELY STARTING FROM THE ENDING DATE OF THE PREVIOUS SIGNED-AGREEMENT.