Article 28 Suspension of This Agreement

(1) This Agreement may be suspended in the following cases:

- Each Party may suspend the implementation of this Agreement if one of them breaches an obligation under this Agreement.

- Each Party may suspend this Agreement in case of breach of an international legal obligation relating to the respect of human rights, democratic principles and the rule of law and in serious cases of corruption as defined in Article 18(2) of this Agreement.

- This Agreement may be suspended in cases of force majeure, as defined below.

"Force majeure" shall mean any unforeseeable and exceptional situation or event beyond the Parties' control which prevents them from fulfilling any of their obligations, not attributable to error or negligence on their part (or the part of their contractors, agents or employees) and proves to be insurmountable in spite of all due diligence. Defects in equipment or material or delays in making them available, labour disputes, strikes or financial difficulties cannot be invoked as force majeure. A Party facing force majeure shall inform the other Parties without delay, stating the nature, probable duration and foreseeable effects of the problem, and take any measure to minimise possible damage.

- None of the Parties shall be held liable for breach of its obligations under this Agreement if it is prevented from fulfilling them by force majeure, provided that it takes measures to minimise any possible damage and that the other Parties are duly informed.

(2) Each Party may take any appropriate precautionary measure before the suspension takes place.

(3) When the suspension is notified, the consequences for the ongoing procurement contracts and subsidy contracts, as defined in points (g) and (h) of Article 2 of this Agreement, already signed and for such contracts still to be signed shall be communicated to the Managing Authority.

(4) Irrespective of the Parties' right to suspend this Agreement, each Party that co-finances the Cooperation Programme may suspend all or part of the payments in duly justified cases after having given the Managing Authority the opportunity to present its observations.

(5) Each Party shall resume with prior mutual written approval the implementation of this Agreement once the conditions allow it. This is without prejudice to any amendments of this Agreement which may be necessary in order to adapt the action to the new implementing conditions, including, if possible, the extension of the implementation period, or the termination of this Agreement in accordance with Article 29 of this Agreement.