6Severability. If any provision of this Agreement is or is held to be illegal, invalid or unenforceable, in whole or in part, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the Parties shall negotiate in good faith for a period of sixty (60) Business Days after becoming aware of this with a view to agreeing one or more provisions to be substituted for such invalid or unenforceable provision which produce as nearly as is practicable in all the circumstances the same effect as the invalid or unenforceable provisions and leave the Transporter no better or worse off while otherwise preserving the balance of the commercial interests of the Parties that would have existed in the absence of such illegality, invalidity or unenforceability. If the Parties are unable to reach agreement, on the provisions which best achieve this result, the matter shall on the application of either Party be determined by the Expert in accordance with the Network Code.
Appears in 4 contracts
Samples: Gedp User Agreement, Gedp User Agreement, Gedp User Agreement
