1. Definition of Force Majeure

For the purpose of this Agreement, “Force Majeure” shall mean any event or circumstance beyond the reasonable control of CAKRA BHASA (“Contractor”), whether foreseeable or unforeseeable, which prevents, delays, or materially affects the performance of its contractual obligations.

Force Majeure events include, but are not limited to:

  • Acts of God (earthquakes, floods, tsunamis, storms, lightning)

  • Extreme weather conditions or adverse sea states

  • Fire, explosion, or accidental damage

  • War (declared or undeclared), armed conflict, terrorism, piracy

  • Civil unrest, riots, strikes, or labor disputes not limited to Contractor’s personnel

  • Governmental actions, regulations, embargoes, or restrictions

  • Port closures or maritime authority restrictions

  • Pandemic, epidemic, or public health emergency

  • Failure or delay of utilities or essential supply chains

  • Unforeseen subsea conditions or hazardous marine environments

  • Any other event beyond reasonable operational control

2. Suspension of Obligations

In the event of Force Majeure:

  • The affected party shall not be deemed in breach of contract.

  • Performance obligations shall be suspended for the duration of the Force Majeure event.

  • Contract timelines shall be reasonably extended to reflect the delay caused.

CAKRA BHASA shall not be liable for any loss, damage, penalty, or additional cost arising directly or indirectly from such Force Majeure event.

3. Notification Requirement

The affected party shall notify the other party in writing within a reasonable time after becoming aware of the Force Majeure event, providing:

  • Description of the event

  • Expected duration

  • Impact on performance

Failure to provide immediate notice shall not invalidate the Force Majeure claim if circumstances prevent timely communication.

4. Mitigation Efforts

The affected party shall use commercially reasonable efforts to:

  • Mitigate the impact of the Force Majeure event

  • Resume performance as soon as practicable

  • Minimize project disruption

However, no party shall be required to settle labor disputes or incur unreasonable financial burden to overcome a Force Majeure event.

5. Termination Due to Prolonged Force Majeure

If the Force Majeure event continues for a period exceeding [30/60/90] consecutive days, either party may terminate the Agreement upon written notice.

In such case:

  • The Client shall compensate CAKRA BHASA for all work completed and costs incurred up to the termination date.

  • No party shall have further liability except for obligations accrued prior to termination.

6. Marine & Offshore Specific Condition

Given the inherent nature of marine and underwater operations, adverse weather, sea conditions, restricted visibility, strong currents, or hazardous subsea environments shall automatically qualify as Force Majeure events if they:

  • Endanger personnel safety

  • Prevent safe diving operations

  • Violate regulatory or safety compliance standards

Safety shall always take precedence over schedule performance.

7. No Waiver of Rights

The invocation of Force Majeure shall not constitute waiver of any other contractual rights available under this Agreement.