When the contractor is unable to execute all or part of a purchase order or contract, in particular when it demonstrates that it does not have sufficient resources or that mobilising them would place a manifestly excessive burden on it:
1° The contractor may not be penalised, nor have contractual penalties applied, nor incur contractual liability for this reason;
2° The purchaser may enter into a substitute contract with a third party to satisfy those of its requirements that cannot be delayed, notwithstanding any exclusivity clause and without the holder of the original contract being able to incur the contractual liability of the purchaser on this ground. The performance of the replacement contract may not be carried out at the expense and risk of the original contractor.