Bureau In Kind Crude Helium Sales Contract - Us Department Of The Interior Page 8
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11ARTICLE VII
General Provisions
7.1 Liability
(a) Subject to the United States’ authority under the Helium Act, as amended by the Helium
Stewardship Act enacted on October 2, 2013, and any other applicable laws, the Bureau warrants the
quantity of contained helium in crude form delivered to Supplier only and assumes no further liability,
financial or otherwise, in connection with any sale or delivery of helium hereunder, including but not
limited to claims relating to: (1) losses on business transactions or commitments between Supplier and
third parties; (2) losses on Supplier’s helium containers filled by the Bureau; or (3) losses occasioned by
transportation delays.
(b) Supplier shall be liable for any and all actual damages to the Bureau caused by
Supplier, Supplier's representatives, or Supplier's owned or leased equipment.
(c) Supplier is hereby advised that to the extent that supplies are available, refined helium
requirements of the United States Government shall have priority over non-Government requirements
and that such priority requirements of the Government or occasions of force majeure may cause delay or
deferral of shipment of any refined helium deliveries by Supplier for non-Government requirements.
7.2 Force Majeure
(a) The term “force majeure” shall include, but not be limited to, acts of God, strikes,
lockouts, or other industrial disturbances, acts of public enemy, wars, hostilities, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests, and restraint
of rulers and peoples, civil disturbances, explosions, fire, act or threat of terrorism, breakage or accident
to machinery, equipment, or lines of pipe, freezing of wells or lines of pipe, partial or entire failure of gas
wells or pressure protection devices, inability to obtain materials, supplies, or permits, and any laws,
orders, rules, regulations, acts, or restraints of any government or governmental body of authority
whether civil or military and any other cause, whether of the kind herein enumerated or otherwise, not
within the control of the party claiming suspension and which by the exercise of due diligence such party
is unable to avoid. Settlement of strikes and lockouts shall be wholly within the discretion of the party
having the difficulty.
(b) In the event of either party's being rendered unable wholly or in part by force majeure to
carry out its obligations under this Contract, other than to make payments of amounts due hereunder, it is
agreed that on such party's giving notice in writing or by mail or facsimile transmission to the other party,
stating the full particulars of such force majeure as soon as possible after the occurrence of the cause
stated in said notice, the obligations of the party giving such notice, so far as they are affected by such
force majeure, shall be suspended during the continuance of any inability so caused but for no longer,
and such inability to perform shall, so far as possible, be remedied with all reasonable dispatch. Either
party shall be excused from performance and shall not be in default or breach of contract in respect of
any obligation hereunder to the extent that the failure to perform such obligation is due to force majeure.
Should any losses of helium occur from the Federal Helium System as a result of force majeure, such
helium losses shall be borne by all persons and companies, including the Bureau, storing helium in the
Federal Helium System in accordance with the provisions of the Helium Storage Contract.
(c) The United States, acting through the Bureau of the Department of the Interior, shall
have no liability to Supplier or any third party for any loss or damage to Supplier’s or third party’s volume
of helium as a result of force majeure while such helium is in the possession of the United States.
(d) The United States, acting through the Bureau shall have no liability to Supplier or any
third party for any delay in delivery or loss of Supplier’s or third party’s helium as a result of force majeure.
Page 8 of 11
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