General Conditions for Information Technology Contracts

GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 47 of 52manuals, procedures, computer programs, and any and all documents related to theServices that were originally developed for the Company whether or not these werecompleted or in the course of preparation.42.3.7 The Contractor, where the Company has terminated the Contract under clause 42,shall not be entitled to claim compensation for any loss of anticipated profit.43. EARLY COMPLETION OF CONTRACT43.1 Where the Contract is a service type such as for providing maintenance and where prior to theexpiry of the Contract Period, the Not-to-Exceed Value has been consumed and noAdjustment Order has been issued by the Company in accordance with clause 36, theContract shall be deemed completed. In such an event, the Contractor shall not be entitled toany claim against the Company, and the condition of both Parties signing the AdjustmentOrder in such an event shall not apply.43.2 The provisions of clause 43.1 shall also apply in the last Stage of the Contract if such Stage isfor providing maintenance.44. FORCE MAJEURE44.1 Force Majeure shall be any event or occurrence starting after the date of this Contract, whateverthe origin, which cannot be foreseen and is beyond the control of, and cannot be circumvented by,the Party affected, and which renders the performance of the obligation impossible. ForceMajeure shall exclude, amongst others, inclement weather; congestion of orders or strike at amanufacturer’s plant; an oversold condition of the market; lack of manpower; lack of material;inefficiencies of the Contractor; its Vendor or Subcontractor of any tier; or similar occurrence.44.2 Neither Party shall be considered in default of its obligations hereunder if the performance ofthese obligations is delayed, hindered or prevented by Force Majeure provided that within seven(7) days after the start of an event or occurrence claimed as Force Majeure the Party affected byForce Majeure gives the other Party notice of such event or occurrence and that immediate stepsare taken by the affected Party to mitigate where possible the effects of the event or occurrence.44.3 The Contractor, where it is delayed in performance of the Services by an occurrence it believes tobe Force Majeure, and the Contractor cannot avoid or prevent such delay in any way whateverand provided the Contractor has given notice to the Company as specified in clause 44.2, then theCompany, if it agrees, will give notice to the Contractor confirming the existence of ForceMajeure and will authorise the issue of an Adjustment Order as may be necessary. Such noticemay not be unnecessarily withheld or delayed.44.4 The Contractor, notwithstanding any provision to the contrary, shall not be entitled to anyadditional cost of whatever nature as a result of Force Majeure or due to extension of time grantedby the Company to the Contractor under this clause 44.March 2011