85Likewise, with regard to the non-performance of contractual obligations by the undertakings entrusted with the construction of certain waste disposal infrastructures, it need only be stated that, although the notion of force majeure is not predicated on absolute impossibility, it nevertheless requires the non-performance of the act in question to be attributable to circumstances, beyond the control of the party claiming force majeure, which are abnormal and unforeseeable and the consequences of which could not have been avoided despite the exercise of all due diligence (McNicholl and Others, paragraph 11).
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