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§ 8. Force-majeure.

8.1. The force-majeure circumstances, which result from the events of extreme nature and which could not be forseen and prevented by the Parties (fire, flood, earthquake. epidemics, strikes, military operations, limitations or sanctions of states, ban on exports or imports, etc. affecting the fulfilment by the Parties of their contractual obligations (completely or partially) shall enable the Parties to extend the fulfilment of the obligations under the present Contract.

8.2. The Party unable to meet its contractual obligations because of Force-majeure circumstances at the earliest dale is to notify the other Party in written form on the beginning and cessation of the above circumstances.

8.3. The Certificate issued by the Chamber of Commerce and Industry in the defendant's country shall be sufficient proof of the beginning and cessation of the above circumstances.

8.4. If a confirmation of the beginning of the force-majeure circumstances is available, the Parlies shall be entitled to suspend the fulfilment of the contract obligations lor the period of duration offorce-majeure circumstances.

8.5. If such circumstances last longer than 3 months, each of the Parties shall be entitled to refuse the performance of the obligations under the Contract.

§ 9. Arbitration.

9.1. The Parties shall try to settle the disputes and disagreements which may arise out of or in connection with the present Contract by means of negotiations and consultations.

9.2. In case the disputes are not settled by means of negotiations, they are subject to settlement in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Ukraine. excluding the recourse to the Courts of Law. Its decision shall be final and binding for both Parties.

9.3. The Parties agree to the effect thai in the course of considering and settling disputes the Regulations of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Ukraine shaall apply.

9.4. This Contract shall be governed by the substantive law ol the Ukraine..

9.5. The Arbitration Court shall consist of a single Arbitrator.

9.6. The seat of the Arbitration Court shall be the city of Kiev

9.7. The language of the Arbitration procedure shall be Russian.

§ 10. Confidentiality.

10.1. All financial, commercial and other information connected with the present Contract which is granted by the Parties to each other shall be considered confidential.

10.2. The Parties shall take all necessary and reasonable measures to prevent divulgence of the received information to any third parties. Only under mutual agreement the Parlies shall be entitled to disclose the above information to third parties in case of involving them into the activity which requires the knowledge of such an information and only to the extent which is necessary for the implementation of the Contract.

10.3. The restrictions in respect of the divulgence of information do not apply to the information open to general use or to the information that became open to general use later on not through the Parties' fault as well as to the information that became known to a party from other sources before or after receiving it from the other party.

10.4. The duty of proving the breach of the provisions of the present Clause shaall be imposed on the Party which claims such a breach.

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