Utah Admin. Code 652-21-817
If either Party is prevented or delayed from completing any obligation under the Operations Royalty Agreement by a Force Majeure Event, herein referred to as the "Affected Obligation," except for the performance of any payment obligation that has accrued prior to the Force Majeure Event, the Affected Obligation shall be suspended and the affected Party may not be considered in default or liable for damages or subject to other remedies as a result thereof for so long as the affected Party is prevented to delayed from completing the Affected Obligation by the Force Majeure Event. For purposes of the Agreement, a "Force Majeure Event" shall mean any matter, foreseeable or unforeseeable, not avoidable or overcome by the exercise of commercially reasonably diligence, and that is beyond the affected Party's reasonable control, including: acts of God, any action after the date hereof by governmental authorities, other than the division, that would prevent, delay, or make unlawful a Party's performance, suspension of activities to remedy or avoid an actual or alleged violation of environmental laws, fires, explosions, epidemics, unusually inclement weather, flood, drought, acts of war, insurrection, revolution, civil commotion, rights or terrorism, strikes, lock-outs or other labor disputes, including: strikes, lock-outs, or other labor disputes by the employees of direct or indirect contractors, suppliers, or agents of Operator; the division's invocation of the Emergency Trigger, as defined in Section 65A-17-101; inability to obtain necessary materials, power or other utilities; inability to obtain permits, approvals, or consents from governmental authorities or private parties within a reasonable time; and significant damage to, substantive destruction of, or unavoidable shutdown of necessary facilities or equipment.
Utah Admin. Code R652-21-817