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(1) A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences.
(2) If the party's failure is due to the failure by a third person whom he has engaged to perform the whole or a part of the contract, that party is exempt from liability only if:
(a) he is exempt under the preceding paragraph; and
(b) the person whom he has so engaged would be so exempt if the provisions of that paragraph were applied to him.
(3) The exemption provided by this article has effect for the period during which the impediment exists.
(4) The party who fails to perform must give notice to the other party of the impediment and its effect on his ability to perform. If the notice is not received by the other party within a reasonable time after the party who fails to perform knew or ought to have known of the impediment, he is liable for damages resulting from such non-receipt.
(5) Nothing in this article prevents either party from exercising any right other than to claim damages under this Convention.
SiSU Book Samples and Markup Examples
Viral Spiral - How the Commoners Built a Digital Republic of Their Own
David Bollier
2009
The Wealth of Networks - How Social Production Transforms Markets and Freedom
Yochai Benkler
2006
Free Culture - How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity
Lawrence Lessig
2004
CONTENT - Selected Essays on Technology, Creativity, Copyright and the Future of the Future
Cory Doctorow
2008
Eric von Hippel
2005
Free As In Freedom - Richard Stallman's Crusade for Free Software
Sam Williams
2002
Two Bits - The Cultural Significance of Free Software
Christopher Kelty
2008
Free For All - How Linux and the Free Software Movement Undercut the High Tech Titans
Peter Wayner
2002
The Cathedral & the Bazaar - Musings on Linux and Open Source by an Accidental Revolutionary
Erik S. Raymond
1999
Cory Doctorow
2008
Down and Out in the Magic Kingdom
Cory Doctorow
2003
Cory Doctorow
2008
Free Software Foundation - FSF
GPL - GNU General Public License