【正文】
or unavailability of equipment or energy from others. Provided, however, that the aforementioned cause shall constitute Force Majeure only if, and to the extent that, performance as contemplated in this Agreements is prevented or delayed. NOTIFICATION In the event that either SELLER or BUYER is affected by an event of Force Majeure, the affected party shall forthwith give written notice to the other party stating the circumstances of the Force Majeure event and specifying the nature of the event together with an estimate in good faith of the degree to which and the period for which its performance will be affected thereby. The affected party shall, upon request by the other party, provide evidence as to the occurrence of the event and the period of duration thereof. CONTRACT DATE: January 12, 2021 Contract No.: 6473189 This contract is to be kept strictly private and confidential Page 6 of 8 SUSPENSION OF OBLIGATION If either BUYER or SELLER fails, or it delayed wholly or in part, in carrying out any of its obligations under this Agreement due to Force Majeure, except as otherwise expressly provided herein, the obligations of the entity giving such notice shall be suspended to the extent made necessary during the continuance of such Force Majeure or its effects。 and other industrial or labors disturbance。 riot or disorder。 war。 flood。 ? 1 (one) sample being the Umpire sample (the “Umpire Sample”) which shall be retained by PT. Sucofindo or any other mutually agreed inspection agency until 60 (Sixty) days after pletion of loading. These samples shall be clearly labeled (including without limitation sample and container weight) and kept in air tight sealed containers. . The Shipment Sample shall be analyzed by PT. Sucofindo or any other mutually agreed internationally recognized laboratory. This laboratory shall perform an analysis of the characteristic specified in Article 3, and shall issue the Certificate of Sampling and Analysis certifying the results of such analysis. . In the event that either party wishes to challenge the result of such analysis, it shall do so within sixty (60) days from date of Bill of lading (date of pletion of loading of the vessel). In such event the Umpire Sample shall be sent to mutually acceptable internationally recognized independent mercial laboratory (the “Umpire Laboratory”). The Umpire Laboratory shall perform analysis of the specifications for the parameters requested by the party called for umpire analysis, and shall issue a certificate (the “Umpire certificate”) certifying the results of such analysis. . In the event that the results of the analysis of the Umpire Sample are deviating beyond the reproducibility limits (set out below) from the analysis reports produced by PT. Sucofindo (or any other mutually agreed internationally recognized laboratory) or should one party prove any inaccuracy in taking the samples or the analyzing, both parties will discuss in good faith to clarify the situation and agree on a new analysis result for invoicing purposes. If agreement cannot be reached on a new analysis, the umpire analysis shall be final and binding on both parties. . The costs for sampling and analysis shall be for the account of SELLER. Cost of additional analysis of the umpire sample shall be borne by the requesting party. ARTICLE 8 PAYMENT Payment for the Coal shipped shall be made by an Irrevocable, Confirmed, Transferable, at sight documentary LETTER OF CREDIT (LC) established through First Class Bank for each shipment that acceptable to the SELLER within 7 (seven) banking days after signing this contract (draft LC have to be preapproved by the Seller), will be made in US Dollars for 100% value covering the relevant shipment quantity +/ 10% and in format acceptable to the SELLER. LC shall be established forty five (45) days prior to the arrival of vessel at load port in favour of SELLER subject to the SELLER confirming their bank details to BUYER for advising the LC. Initial LC shall be for value of 150,000mt covering first and second shipment. Upon pletion of loading of the first vessel, BUYER shall issue LC for third vessel shipment. The procedure shall repeat until end of contract. (a) SELLER shall arrange and submit to seller bank for negotiation payment 100% after loading port the document as following after pletion of loading at Anchorage Point : (1) 1 Original + 2 Copies of Commercial Invoice (2) 3 Original + 3 Copies of Bill of Lading m