ertical mounting position Types H H and H Article B3HV-17-C Bevel-helical gear box B3

Flender/Flender Gear Units/Bevel-helical gear box B3

r omission of third party or Customer. This includes without limitation the delivery of required documents (such as necessary permits and approvals) to Flender, timely performance of any work to be undertaken by the Customer or any third party appointed by the Customer, or co mpliance with the payment terms. 5.2. If Flender does not meet any binding dates solely due to the fault of Flender, the Customer shall be entitled to liquidated damages in an amount equal to 0.5% of the agreed price for the delayed portion of the Services per complete week of delay, but only to the extent Customer has suffered demonstrable loss as result of such delay. Aggregate liquidated damages payable pursuant to this Section shall not exceed 5% of the agreed price for the delayed portion of the Services. 5.3. This Clause 5 and Clause 1.2 (), below, set forth the entire and exclusive liability of Flender for delay. To the extent permissible under applicable law, all other rights and remedies of the Customer for delay are hereby expressly excluded. 6. Force Majeure 6.1. Force Majeure Event means any event which is beyond the reasonable control of party or its subcontractors, which could not have been prevented by good industry practice and which results in party (the Affected Party) being unable to perform or being delayed in performing all or part of its obligations under this Contract. Force Majeure Events include but are not limited to, acts of war, riot, civil commotion, terrorism, atural disaster, epidemic, strikes, lock-outs, attacks on Flenders IT ystems (such as virus attacks, hacker attacks), non -issuance of licenses, permits or approvals, or any other act or failure to act by any public authority, or embargos or any other trade sanctions. 6.2. If Force Majeure Event occurs, the Affected Party will be deemed not to be in breach of its obligations under the Contract for as long as the Force Majeure Event persists, includi