Добавил:
Upload Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз: Предмет: Файл:
ЗЗЕМ КР 2009.doc
Скачиваний:
0
Добавлен:
01.04.2025
Размер:
784.38 Кб
Скачать

§ 8. Force-majeure.

8.1 The tbrce-majeure circumstances, which result from the events of extreme nature and which could noi 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 for which it becomes impossible to meet its con­tractual obligations because of Force-majeure circum­stances at the earliest date 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 Seller's/Buyer's country shall be sufficient proof of the beginning and cessation of the above circum­stances.

8.4 With the availability of a confirmation about the beginning of the force-majeure circumstances, the Parties shall be en­titled to suspend the fulfilment of the contractual obliga­tions for the period of duration of the circumstances of torce-majeure.

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

§ 9. Arbitration.

9.1 The Parties shall seek for settlement of the disputes and differences which may arise out of or in connection with the present Contract by means of negotiations or consulta­tions.

9.2 In case of impossibility of settling disputes 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 jurisdiction to the Law Courts. Its decision shall be final and bind­ing upon both Parties.

9.3 The Parties agree to the effect that 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 are to be used.

9.4 The right for regulating this Contract shall be the material right of Ukraine.

9.5 The Arbitration Court shall be composed of a sole Arbitra­tor.

9.6 The place of holding the sittings of the Arbitration Court shall be Kyiv.

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 Parties shall be en­titled to disclose the above information to third parties in case of drawing 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 its receiving from the other party.

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

Соседние файлы в предмете [НЕСОРТИРОВАННОЕ]