3)In the event a condition of Force Majeure is declared and substantiated as set forth in paragraph 2), the Parties shall consult with each other to extend the delivery date of the Goods; however, such delivery date shall not be extended beyond sixty (60) days from the delivery date set forth in the Contract. For delays and/or non-performance of the obligations due to Force Majeure, neither Party shall be entitled to claim against the other Party any penalty, interest, damage or any other compensation arising from Force Majeure for such period of Force Majeure.
In the event that the delay and/or non-performance of the obligations exceeds sixty (60) days due to Force Majeure, the Buyer, without any obligation to pay any termination charge, shall be entitled to terminate the Contract by so notifying the Seller in writing.
3)In the event a condition of Force Majeure is declared and substantiated as set forth in paragraph 2), the Parties shall consult with each other to extend the delivery date of the Goods; however, such delivery date shall not be extended beyond sixty (60) days from the delivery date set forth in the Contract. For delays and/or non-performance of the obligations due to Force Majeure, neither Party shall be entitled to claim against the other Party any penalty, interest, damage or any other compensation arising from Force Majeure for such period of Force Majeure.
In the event that the delay and/or non-performance of the obligations exceeds sixty (60) days due to Force Majeure, the Buyer, without any obligation to pay any termination charge, shall be entitled to terminate the Contract by so notifying the Seller in writing.
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