Terms and Conditions

General Terms and Conditions for Services, Support, and Software Use.

Article 1:Scope and Applicability#

1.1 Parties

This Agreement is a legally binding contract between AIH Hub For Cloud Service & Datacenters Providers L.L.C., a company duly incorporated under the laws of UAE, with its principal place of business at 522B, Standard Chartered Tower Burj Khalifa, Dubai, UAE, hereinafter referred to as “AIHostingHub,” and the individual or entity agreeing to these terms, hereinafter referred to as the “Client.”

1.2 Scope

These Terms and Conditions govern all offers, orders, purchases, and use of software, services, and support provided by AIHostingHub to the Client, whether directly or through authorized resellers.

1.3 Acceptance

The Client is deemed to have accepted these Terms and Conditions upon the earlier of: (a) successful completion of the registration process for an AIHostingHub Account; (b) express acceptance of these terms in writing or electronically; or (c) the use or access of any paid Services, Support, or specific software entitlements provided by AIHostingHub. These terms shall take effect immediately upon such acceptance.

1.4 Relationship with Other Terms

These Terms and Conditions constitute the entire agreement between the Parties concerning the subject matter herein. Any terms and conditions proposed or imposed by the Client, in any purchase order, document, or communication, that are in addition to or conflict with these Terms and Conditions are hereby rejected and shall be null and void, unless expressly agreed upon otherwise in a separate written agreement signed by authorized representatives of both Parties.

1.5 Offers

All offers made by AIHostingHub are non-binding and subject to change without prior notice unless otherwise explicitly stated in the offer.

1.6 Partners and Resellers

AIHostingHub may enter into agreements with third parties (“Partners or Resellers”) for the promotion, marketing, and support of its Software and Services. While AIHostingHub is responsible for delivering the Software and Services to the Client in accordance with this Agreement when purchased through a Partner or Resellers, AIHostingHub shall not be liable for: (a) any acts, omissions, or representations of Partners or Resellers; (b) any additional obligations undertaken by Partners or Resellers towards the Client; or (c) any products or services provided by Partners or Resellers to the Client under separate agreements between the Client and the Partner.

Article 2:Pricing and Usage Reporting#

2.1 Prices and Fees

All prices for Services, Support, and specific software entitlements provided by AIHostingHub are as quoted in the applicable order form, invoice, or as published on the AIHostingHub website or by authorized Partners at the time of order. Unless otherwise explicitly stated, all prices are net and do not include applicable taxes, duties, levies, or other governmental charges (collectively, “Taxes”). The Client is responsible for payment of all such Taxes. Any additional costs, such as those for specific data carriers (if applicable and agreed upon) or contract fees, shall be billed separately to the Client. For services priced based on time and effort (e.g., consulting, training beyond standard offerings), charges will be based on the rates in effect at the time the services are performed. If the actual time required deviates from initial estimates due to factors outside of AIHostingHub’s responsibility (including incomplete or inaccurate information from the Client), the Client shall be charged based on the actual time spent.

2.2 Usage Reporting (Applicable to Usage-Based Services)

If the Client’s purchased Services or Support are provided or priced based on a specific usage metric (e.g., per server, per unit, per user), the Client agrees to accurately monitor its actual usage of the Services or Support relative to that metric.

The Client shall promptly notify AIHostingHub (or the Partner from whom the Client purchased) if its actual usage exceeds the quantity or scope for which the Client has paid the applicable fees. Such notice shall include the number of additional units used (e.g., servers) and the date(s) when the increased usage commenced. Upon receiving such notice, AIHostingHub (or the Partner) will invoice the Client for the applicable fees for the additional usage, and the Client agrees to pay such invoice in accordance with the payment terms specified in Article 3.

Article 3:Order Placement and Payment#

3.1 Order Process and Contract Formation

An order placed by the Client through any AIHostingHub-related channel (e.g., online store, email) constitutes an offer to AIHostingHub to enter into an agreement for the delivery of the ordered Services, Support, or entitlements at the listed price. Upon receipt of the order, the Client will receive an email confirmation acknowledging the order; however, this confirmation does not constitute acceptance of the offer. Acceptance is deemed to occur only upon the actual provision of the ordered Services, Support, or entitlements. The Client agrees to receive invoices electronically.

3.2 Invoicing and Payment Terms

For orders consisting of multiple deliverables or services, AIHostingHub reserves the right to issue invoices at its sole discretion, including but not limited to invoicing upon partial or complete delivery of the order or provision of services. All payments shall be made in the currency and within the timeframe specified in the invoice. Unless a specific term is stated, payment is due no later than fourteen (14) days from the invoice date. The Client is responsible for ensuring timely payment in full, free of any deductions, set-offs, or bank fees, unless otherwise agreed in writing or legally established by a court. Payments must be made through the approved methods specified by AIHostingHub.

3.3 Recurring Fees and Automatic Renewal

For services or subscriptions subject to recurring fees, the Client agrees to automatic renewal and billing at the applicable rate unless canceled in accordance with the agreed termination provisions. AIHostingHub reserves the right to adjust recurring fees without prior notice.

3.4 Consequences of Late Payment

In the event of late payment, AIHostingHub may charge interest on overdue amounts at the maximum rate permitted by applicable law from the due date until the date of full payment. AIHostingHub reserves the right to suspend or terminate any ongoing Services, Support, or deliveries until all outstanding payments are received in full. The Client shall be liable for any costs incurred by AIHostingHub in connection with the collection of overdue payments, including reasonable legal fees.

3.5 Invoice Disputes

Any disputes regarding an invoice must be raised by the Client in writing within fourteen (14) days from the invoice date. Undisputed portions of the invoice remain payable by the original due date. Failure to dispute an invoice within the designated timeframe constitutes acceptance of the invoice.

3.6 Non-Payment and Termination

If payment is not received within the agreed timeframe, AIHostingHub may, at its discretion, suspend performance of contractual obligations or terminate the agreement in accordance with Article 5 detailing termination rights. The Client remains liable for any outstanding payments incurred prior to such suspension or termination.

3.7 No Waiver of Rights

AIHostingHub’s acceptance of partial payments or failure to immediately enforce any payment-related rights shall not constitute a waiver of its right to demand full payment or enforce any other contractual rights.

3.8 No Withholding of Payment

The Client is not entitled to withhold payment due to incomplete total delivery, warranty claims, or complaints unless the right to set-off or withhold is undisputed or has been legally established by a court.

Article 4:Provision of Services and Delivery#

4.1 Delivery Timeframes

AIHostingHub shall make commercially reasonable efforts to meet the agreed-upon delivery dates or timeframes for the provision of Services, Support, Subscriptions, or Training as specified in the applicable order form or agreement. However, delivery dates are estimates and not guaranteed unless expressly stated otherwise in a written agreement signed by both Parties.

4.2 Client Responsibilities Affecting Delivery

The timely provision of Services, Support, Subscriptions, or Training is contingent upon the Client providing all necessary information, documents (including detailed specifications, if applicable), access, and cooperation as reasonably required by AIHostingHub to perform its obligations.

4.3 Client-Caused Delays and Costs

AIHostingHub shall not be responsible for delays or any resulting cost increases caused by the Client’s failure to provide required information or cooperation, or due to incorrect, incomplete, or changed data or instructions provided by the Client. Such delays or issues caused by the Client shall not constitute a default or breach by AIHostingHub. Any additional costs incurred by AIHostingHub as a result of such Client-caused delays or issues shall be borne by the Client.

4.4 Partial Deliveries and Invoicing

For orders or projects involving multiple units, programs, or distinct phases, AIHostingHub reserves the right to make partial deliveries or provide services in stages. Partial invoices may be issued for such partial deliveries or completed stages in accordance with the payment terms outlined in Article 3.

Article 5:Term, Termination, and Suspension#

5.1 Client’s Right to Terminate for Delay

Should an agreed-upon date for delivery or performance of essential parts of the Services or Support be exceeded solely due to the fault or unlawful conduct of AIHostingHub, the Client is entitled to terminate the affected contract or order form by written notice (e.g., registered letter). This right to terminate applies only if essential parts of the agreed service are not performed within a reasonable grace period set by the Client, and provided the Client is not in default of its own obligations.

5.2 Client’s Subscription Cancellation

The Client may cancel a subscription at any time before the next due date for the upcoming billing cycle. Cancellations processed after the due date will take effect at the end of the subsequent billing cycle. No refunds or partial reimbursements will be issued for any unused portions of a subscription period upon cancellation by the Client.

5.3 Subscription Renewal

Unless explicitly agreed otherwise in writing, subscriptions purchased for any period other than one (1) year will automatically renew for a one (1) year term upon expiration. Subscriptions purchased for a one (1) year term will also automatically renew for a one (1) year term unless otherwise specified. The Client will receive a renewal notification before the renewal date. Failure to cancel before the next due date will result in automatic renewal. If an alternative renewal period is agreed upon in writing in the order form or agreement, that period will apply instead of the default renewal term.

5.4 AIHostingHub’s Right to Modify or Discontinue

AIHostingHub reserves the right to modify or discontinue subscription plans, Services, or Support offerings. AIHostingHub will provide affected Clients with prior notice of such changes, typically at least thirty (30) days in advance. In the event AIHostingHub discontinues a service or subscription plan and terminates the Client’s affected service, prorated refunds for any prepaid, unused portion of the service fee may be issued at AIHostingHub’s discretion, unless otherwise required by mandatory law.

5.5 Termination by AIHostingHub for Cause

AIHostingHub may terminate this Agreement or any specific order form immediately upon written notice if the Client commits a material breach of this Agreement or the relevant order form (including, but not limited to, failure to make timely payment of undisputed fees as per Article 3 or violation of usage terms) and fails to cure such breach within a reasonable period (typically thirty (30) days) after receiving written notice detailing the breach, where such breach is capable of cure.

5.6 Termination upon Insolvency

Either Party may terminate this Agreement immediately upon written notice if the other Party becomes insolvent, enters into bankruptcy, administration, liquidation, or composition with its creditors, or ceases to carry on business.

Article 6:Intellectual Property and Use of Services#

6.1 AIHostingHub Intellectual Property

AIHostingHub or its licensors retain all rights, title, and interest in and to all intellectual property rights, including, but not limited to, copyrights, trademarks, trade names, logos, and service marks, associated with its Services, Support offerings, documentation, training materials, websites, and proprietary processes. While AIHostingHub’s software is primarily distributed under open-source licenses, the Client acknowledges that this Agreement grants only limited rights to access and use the paid Services, Support, and related entitlements as specified herein and does not convey any ownership rights in AIHostingHub’s intellectual property.

6.2 Software Licensing

This Agreement governs the terms and conditions for the paid Services, Support, and specific entitlements provided by AIHostingHub related to its software. The software itself is licensed to the Client under separate applicable software license terms, which are provided with the software. This Agreement does not modify or replace those separate software license terms.

6.3 Client’s Use Rights for Services and Entitlements

Subject to the Client’s compliance with this Agreement and the terms of the applicable order form, AIHostingHub grants the Client a non-exclusive, non-transferable right to access and use the purchased Services, Support, and entitlements solely for the Client’s internal business operations. This right is limited to the scope and usage metrics (e.g., per server, per unit, per user) defined in the order form.

6.4 Restrictions on Use

The Client shall not, and shall not permit any third party to:

• Sell, resell, distribute, sublicense, or otherwise make available the Services, Support, or specific entitlements (such as access credentials or keys for subscription repositories) to any third party, unless expressly permitted by a separate written agreement with AIHostingHub.
• Exceed the authorized scope or usage metrics for the Services, Support, or entitlements as defined in the order form.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from any documentation or materials provided by AIHostingHub under these terms.
• Attempt to modify, alter, or circumvent any access control or authentication mechanisms related to the paid Services or entitlements.

6.5 Client’s Responsibility for Software License Compliance

The Client acknowledges that the use of the software is governed by the terms of the applicable software license under which it is provided. The Client is responsible for complying with the terms of these licenses. AIHostingHub’s provision of Services and Support under this Agreement is based on the understanding that the Client complies with the terms of the applicable software licenses.

Article 7:Warranties and Disclaimers#

7.1 AIHostingHub Representations

AIHostingHub represents and warrants that: (a) it will use reasonable skill and care in providing the Services and Support; (b) the Services and Support will be performed in a professional and workmanlike manner by qualified personnel; (c) it has the authority to enter into this Agreement with Client; and (d) to the knowledge of AIHostingHub, AIHostingHub-branded software does not, at the time of delivery to Client, include malicious or hidden mechanisms or code for the purpose of damaging or corrupting the software.

7.2 General Disclaimer

Except as expressly provided in Section 7.1 or by a third-party vendor directly to Client under a separate agreement, the services, support, specific software entitlements, and related representations, conditions or other terms of any kind are provided on an “as is” and “as available” basis. To the maximum extent permissible by applicable law, AIHostingHub excludes all implied warranties (including, without limitation, those of merchantability, sale by description, sale by sample, satisfactory quality, non-infringement and fitness for a particular purpose).

7.3 Performance Limitations and Exclusive Remedy

AIHostingHub does not guarantee or warrant that the use of the Services, Support or related hardware or software will be uninterrupted, comply with regulatory requirements, and be error free or that AIHostingHub will correct all software errors. For a breach of the warranties set forth in Section 7.1, Client’s exclusive remedy, and AIHostingHub’s entire liability, will be the re-performance of deficient Services or Support, or if AIHostingHub cannot substantially correct a breach in a commercially reasonable manner, Client may terminate the relevant Services or Support and receive a pro rata refund on the fee paid for the deficient Services or Support as of the effective date of termination.

7.4 Client-Caused Defects and Costs

The costs for support provided, diagnosis of errors, and remedying defects and failures that are the responsibility of the Client, as well as other corrections, revisions and additions related thereto, are to be carried out by AIHostingHub and the costs charged to the Client. This is also the case for the remedying of errors when program revisions, additions or other interventions have been carried out by the Client himself or by a third party not authorized by AIHostingHub.

7.5 Exclusion for Critical Systems

Without limiting the generality of the foregoing disclaimer in Section 7.2, the Services, Support and any related hardware or software provided are not specifically designed, manufactured or intended for use in (a) the planning, construction, maintenance, control, or direct operation of nuclear facilities, (b) aircraft navigation, control or communication systems, weapons systems, or (c) direct life support systems. Client agrees that it is solely responsible for the results obtained from the use of the Services and Support in such areas.

7.6 Exclusion for Improper Use or Conditions

Furthermore, AIHostingHub assumes no warranty for defects, failures or damages that are due to improper use, altered components in the operating system, interfaces and parameters, the use of inappropriate organizational resources and data carriers, insofar as these are stipulated, unusual operating conditions (particularly deviations from the installation and storage provisions) or damage during shipment.

7.7 Effect of Unauthorized Alterations

For programs that are subsequently altered by programmers of the Client or by third parties not authorized by AIHostingHub, any existing warranty or support obligation of AIHostingHub related to the altered programs or the issues arising from such alterations is no longer applicable.

Article 8:Limitation of Liability#

8.1 Exclusion of Indirect and Consequential Damages

And notwithstanding anything to the contrary contained in this Agreement or any order form, to the maximum extent permitted by applicable law, in no event will AIHostingHub or its affiliates be liable to Client or its affiliates for: any claim based upon a third party claim, any incidental, consequential, special, indirect exemplary or punitive damages, whether arising in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise; or of any damages arising out of or in connection with this Agreement and/or any order forms falling within the following categories: (a) Loss of data; (b) Loss of profit; (c) Loss of savings; (d) Loss or interruption of service; (e) Loss of business or anticipatory profits; (f) Loss of use or downtime; (g) Loss of or corruption to data or other information or loss or damage to software; even if AIHostingHub or its affiliates have been advised of the possibility of such a loss and/or damage.

8.2 Cap on Aggregate Liability

For all events and circumstances, AIHostingHub and its affiliates aggregate and cumulative liability arising out of or relating to this Agreement and all order forms, including without limitation on account of performance or nonperformance of obligations, regardless of the form of the cause of action, whether in contract, tort (including, without limitation, negligence), strict liability, statute or otherwise, will be limited to the amount that Client paid (or is payable) to AIHostingHub under the applicable order form giving rise to liability during the twelve (12) months immediately preceding the first event giving rise to liability. This limitation applies to the maximum extent permitted by applicable law.

8.3 Basis of Bargain

The Parties acknowledge that the limitations of liability and disclaimers of warranties set forth in Article 7 and this Article 8 reflect an agreed-upon allocation of risk between the Parties, form an essential basis of the bargain, and that AIHostingHub would not have entered into this Agreement without these limitations.

Article 9:Export Compliance#

9.1 Compliance with Export Laws

The Client acknowledges that the Services, Support, specific software entitlements, and related technical data provided by AIHostingHub may be subject to applicable export control laws and regulations (e.g., those of the European Union). The Client is solely responsible for identifying and complying with all such laws and regulations regarding the access, use, export, re-export, or transfer of these items. The Client represents and warrants that it is not located in, under the control of, or a national or resident of any country or on any list to which the export or re-export is prohibited, and that it will not use the items for any purpose prohibited by applicable laws.

9.2 Termination for Non-Compliance

If the Client breaches its obligations under Section 9.1, AIHostingHub may terminate this Agreement and/or the applicable order form and its obligations thereunder immediately upon written notice to the Client, without liability to the Client.

Article 10:Confidentiality and Data Protection#

10.1 Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally, visually, or in tangible form, designated as confidential or reasonably understood to be confidential given the nature of the information and the circumstances of disclosure. It includes, without limitation, technical, financial, commercial information, software (excluding the open-source software governed by its specific license), data, business plans, and client information.

10.2 Confidentiality Obligations

The Receiving Party shall: (a) use the Disclosing Party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; (b) maintain such information in strict confidence, using at least the same degree of care it uses for its own confidential information of like importance, but no less than reasonable care; and (c) restrict disclosure only to its employees, affiliates, and agents with a need to know, who are bound by confidentiality obligations at least as protective as these. The Receiving Party is responsible for breaches by its personnel and agents.

10.3 Exclusions

The obligations in this Article 10 shall not apply to information the Receiving Party can document: (a) was public knowledge without the Receiving Party’s breach of any obligation; (b) was lawfully known to the Receiving Party prior to disclosure; (c) was independently developed by the Receiving Party without using the Disclosing Party’s Confidential Information; or (d) was rightfully obtained by the Receiving Party from a third party without confidentiality restrictions.

10.4 Compelled Disclosure

If required by law or court order to disclose Confidential Information, the Receiving Party shall, if legally permitted, provide prompt notice to the Disclosing Party to allow for protective measures, cooperate reasonably with the Disclosing Party’s efforts to obtain confidential treatment, and disclose only the minimum necessary information required.

10.5 Survival of Obligations

The confidentiality obligations under this Article 10 shall survive the termination or expiration of this Agreement for a period of two (2) years thereafter. Obligations concerning information qualifying as a trade secret under applicable law shall survive indefinitely.

10.6 Return or Destruction

Upon termination or expiration of the Agreement, or upon request of the Disclosing Party, the Receiving Party shall promptly return or securely destroy all Confidential Information of the Disclosing Party in its possession or control, except for copies that must be retained for legal or routine backup purposes (which shall remain subject to confidentiality).

Article 11:Data Protection#

11.1 Compliance with Data Protection Laws

Both Parties shall comply with applicable data protection laws, including, but not limited to, the EU General Data Protection Regulation (GDPR), the Austrian DSG and TKG, and all applicable UAE data protection laws, including Federal Decree-Law No. 45 of 2021 (PDPL), sector-specific health and banking regulations, the Cybercrimes Law, and the independent regimes of the DIFC and ADGM financial free zones, and other relevant national and international data protection laws, regarding any personal data processed in connection with this Agreement.

11.2 AIHostingHub’s Role as Data Controller

AIHostingHub acts as a data controller for personal data related to the administration of the contractual relationship, including Client contact and billing information, account management data, and data collected through website interactions or direct communications. This processing is necessary for managing the contractual relationship, providing account services, support, and improving AIHostingHub’s offerings. The processing activities for which AIHostingHub is controller are described in more detail in AIHostingHub’s Privacy Policy, available on the AIHostingHub website (AIHostingHub.ae).

11.3 Location of Data Processing

AIHostingHub processes personal data collected and controlled by it, including Client account/contact data and data voluntarily shared during support cases, primarily within the European Union (EU) and USA.

11.4 Data Handling in Support Cases

In the context of providing Support Services, the Client may, at their discretion and initiative, voluntarily share data, which may contain personal data, with AIHostingHub personnel to facilitate the diagnosis and resolution of technical issues. AIHostingHub personnel will access and process such voluntarily shared data solely for the specific purpose of providing the requested Support and troubleshooting. All such shared data will be handled in accordance with the confidentiality obligations set out in Article 10 of this Agreement and appropriate security measures. AIHostingHub does not otherwise access or process the Client’s operational data or any personal data processed by the Client using the software running on the Client’s premises. The Client is responsible for ensuring that any data shared with AIHostingHub for support purposes can be lawfully processed for this limited purpose and for minimizing the personal data shared where possible.

11.5 Security

AIHostingHub implements and maintains appropriate technical and organizational measures designed to protect the personal data it processes as a data controller and the data shared by the Client during support cases against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.

Article 12:Voucher Sales#

12.1 Voucher Use

Vouchers are redeemable only for specified software or services offered by AIHostingHub. Vouchers may be subject to expiration dates, usage limits, and other restrictions as stated at the time of purchase. Vouchers are non-refundable, non-transferable, and cannot be exchanged for cash or other credits unless required by law. Unauthorized resale, sharing, or duplication is strictly prohibited.

12.2 Delivery and Validity

Vouchers are delivered electronically to the User’s registered account. If purchased from a Partner, the Partner is responsible for ensuring proper delivery to the Client. AIHostingHub reserves the right to modify, suspend, or terminate voucher programs at any time without prior notice, provided such changes do not affect previously issued and valid vouchers.

12.3 Voucher Access

Vouchers may be sold directly by AIHostingHub or through Partners. AIHostingHub is not responsible for pricing, promotional offers, or additional terms imposed by Partners. Client must review the Partner’s sales terms before purchase. Vouchers purchased from unauthorized sellers or resellers may be invalid, and AIHostingHub reserves the right to refuse redemption of such vouchers.

Article 13:General Provisions#

13.1 Use of Trademarks

Neither Party shall use, nor permit its Affiliates to use, the name, trademarks, trade names, service marks, logos, or any other proprietary designations of the other Party in any advertising, marketing, promotional materials, publications, or any other public disclosure, except with the prior written consent of the other Party. Such consent may be granted or withheld at the sole discretion of the respective Party.

13.2 Amendments

Amendments, modifications, or supplements to this Agreement must be in writing and signed by authorized representatives of both Parties to be effective.

13.3 Severability

Should individual terms of this Agreement be or become inoperative, this will not affect the remaining terms of this Agreement. The parties to the contract will work in a spirit of partnership to find an arrangement that approximates as nearly as possible the inoperative terms.

13.4 Dispute Resolution

Each party agrees to give the other a written description of any problem(s) that may arise and to make a good faith effort to amicably resolve any such problem before commencing any legal proceeding.

13.5 Limitation of Actions

No claim or action, regardless of form, arising out of this Agreement or an Order Form may be brought by either party more than one (1) year after the cause of action has accrued.

13.6 Jurisdiction

In the event of a dispute, jurisdiction shall be exclusively vested in the competent local court at AIHostingHub’s principal place of business in Dubai, UAE.

13.7 Entire Agreement

This Agreement, including all applicable order forms, constitutes the entire agreement between the Parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. The headings used in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

13.8 Assignment

Neither Party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party, except that AIHostingHub may assign this Agreement in its entirety (including all order forms), without the Client’s consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

13.9 Force Majeure

Neither Party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) to the extent such failure or delay is caused by a Force Majeure event. “Force Majeure” means an event beyond the affected Party’s reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials. The affected Party shall provide prompt notice of any Force Majeure event and use commercially reasonable efforts to mitigate its impact.

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