Page 1 of 23 - Kuwait Oil Company

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (2001)Page 21 of 2340. FORCE MAJEURE40.1 Force Majeure shall be any event or occurrence starting after the date of this Contract,whatever the origin, which cannot be foreseen and is beyond the control of, andcannot be circumvented by, the party affected, and which renders the performance ofthe obligation impossible. Force Majeure shall exclude, amongst others, inclementweather, congestion of orders at a manufacturer's plant, an oversold condition of themarket, lack of manpower, lack of material, inefficiencies of the Contractor, itsVendors or Subcontractors of any tier, or similar occurrences.40.2 Neither party shall be considered in default of its obligations hereunder if theperformance of these obligations is delayed, hindered or prevented by Force Majeureprovided that within seven (7) days after the start of an event or occurrence claimed asForce Majeure the party affected by Force Majeure gives the other party written notice ofsuch event or occurrence and that immediate steps are taken by the affected party tomitigate where possible the effects of the event or occurrence.40.3 Should the Contractor be delayed in execution of the Services by an occurrence itbelieves to be Force Majeure and the Contractor cannot avoid or prevent the saiddelay by any means whatever and provided the Contractor has given notice to theCompany as specified in clause 40.2.40.4 Notwithstanding any provision herein to the contrary, the Contractor shall not be entitledto any additional costs of whatever nature under this clause 40.41. CONTINUANCE OF THE SERVICESThe Contractor at all times, notwithstanding any disagreement, dispute, protest or courtproceedings, relating directly or indirectly to the Services, shall proceed with the Servicesin accordance with the determinations, instructions and clarifications of the Company. Ifthe Contractor fails to proceed with the Services, it shall be considered to be in default.During the period Contractor is proceeding with the Services it shall be paid theundisputed portion of any claim or payments due under the Contract as the case may be.42. TIME LIMITATION ON CLAIMS BY THE CONTRACTORIt shall be a condition precedent to any claim made by the Contractor arising out of thisContract that such claim is made in writing not more than thirty (30) days after the eventgiving rise to such claim.43. DISCLAIMER AND CLOSURE OF ACCOUNTSMay 2001On expiry of the Contract and prior to release of the last payment under the Contract theContractor shall sign a disclaimer and closure of account statement worded in accordance