Контекст такой:
Subject to the provisions of the Agreement, the Party that is affected by an event of Force Majeure shall not be liable to the other Party for any delay in performance or any non-performance of any obligations under this Agreement to the extent that the delay or non-performance is owing to an event of Force Majeure, provided that the event of Force Majeure could not have been avoided by the affected Party taking reasonable precautions which, when considering the circumstances, it ought reasonably to have taken but did not;