37.2. Such termination shall be without prejudice to any other rights of the contracting  authority or the contractor acquired under the contract.  37.3. In the event of such termination, the contracting authority shall pay the contractor for any  loss or damage the contractor may have suffered.  38.1. Neither party shall be considered to be in default or in breach of its obligations under the  contract if the performance of such obligations is prevented by any circumstances of  force  majeure  which arises after the date of notification of award or the date when the contract  becomes effective  38.2. The term  force majeure , as used herein covers any unforeseeable events, not within the  control of either party and which by the exercise of due diligence neither party is able to  overcome such as acts of God, strikes, lock-outs or other industrial disturbances, acts of  the public enemy, wars whether declared or not, blockades, insurrection, riots, epidemics,  landslides,  earthquakes,  storms,  lightning,  floods,  washouts,  civil  disturbances,  explosions. A decision of the European Union to suspend the cooperation with the partner  country is considered to be a case of force majeure when it implies suspension of funding  this contract.  38.3. Notwithstanding the provisions of Articles 21 and 36, the contractor shall not be liable to  forfeiture of its performance guarantee, liquidated damages or termination for default if,  and to the extent that, its delay in performance or other failure to perform its obligations  under the contract is the result of an event of  force majeure . The contracting authority  shall similarly not be liable, notwithstanding the provisions of Articles 28 and 37, for the  payment of interest on delayed payments, for non-performance or for termination by the  contractor for default if, and to the extent that, the contracting authority's delay or other  failure to perform its obligations is the result of  force majeure .  38.4. If either party considers that any circumstances of  force majeure have occurred which  may affect performance of its obligations, it shall promptly notify the other party and the  project manager, giving details of the nature, the probable duration and the likely effect of  the circumstances. Unless otherwise directed by the project manager in writing, the  contractor shall continue to perform its obligations under the contract as far as is  reasonably practicable, and shall seek all reasonable alternative means for performance of  its obligations which are not prevented by the  force majeure  event. The contractor shall  not put into effect alternative means unless directed so to do by the project manager.  38.5. If the contractor incurs additional costs in complying with the project manager's  directions or using alternative means under Article 38.4, the amount thereof shall be  certified by the project manager.  38.6. If circumstances of  force majeure  have occurred and continue for a period of 180 days  then, notwithstanding any extension of time for completion of the contract that the  contractor may by reason thereof have been granted, either party shall be entitled to serve  upon the other with 30 days' notice to terminate the contract. If, at the expiry of the period  of 30 days, the situation of  force majeure  persists, the contract shall be terminated and, in  consequence thereof under the law governing the contract, the parties shall be released  from further performance of the contract.  August 2020 c4e_annexigc_en  Page 31 of 36  Article 38 -  Force majeure 