Common use of Alternative Services Clause in Contracts

Alternative Services. (a) To the extent that the Vendor is unable to perform all or any part of the Services in accordance with the Contract for any reason, Newcrest may, in its absolute discretion, source such part of the Services from any third party (‘Alternative Services’). (b) If Newcrest exercises its rights to source Alternative Services, the incremental costs associated with sourcing the Alternative Services will be a debt due and immediately payable from the Vendor to Newcrest, except to the extent that the reason for the inability of the Vendor to perform all or part of the Services was as a direct result of: (i) any breach of Contract by Newcrest or an act or negligent omission of Newcrest or an Affiliate of Newcrest; or‌ (ii) a Force Majeure Event. (c) Newcrest must use its commercially reasonable efforts in exercising its rights under this clause 13 to source the Alternative Services at a reasonable cost by having regard to the nature of the Services and the market for services similar to the Services at the time.‌

Alternative Services. (a) To the extent that the Vendor is unable to perform all or any part of the Services in accordance with the Contract for any reason, Newcrest may, in its absolute discretion, source such part of the Services from any third party (‘Alternative Services’). (b) If Newcrest exercises its rights to source Alternative Services, the incremental costs associated with sourcing the Alternative Services will be a debt due and immediately payable from the Vendor to Newcrest, except to the extent that the reason for the inability of the Vendor to perform all or part of the Services was as a direct result of: (i) any breach of Contract by Newcrest or an act or negligent omission of Newcrest or an Affiliate a Related Body Corporate of Newcrest; or‌or (ii) a Force Majeure Event. (c) Newcrest must use its commercially reasonable efforts endeavours in exercising its rights under this clause 13 to source the Alternative Services at a reasonable cost by having regard to the nature of the Services and the market for services similar to the Services at the time.‌time.‌‌

Alternative Services. (a) To the extent that the Vendor is unable to perform all or any part of the Services in accordance with the Contract for any reason, Newcrest may, in its absolute discretion, source such part of the Services from any third party (‘'Alternative Services’'). (b) If Newcrest exercises its rights to source Alternative Services, the incremental costs associated with sourcing the Alternative Services will be a debt due and immediately payable from the Vendor to Newcrest, except to the extent that the reason for the inability of the Vendor to perform all or part of the Services was as a direct result of: (i) any breach of Contract by Newcrest or an act or negligent omission of Newcrest or an Affiliate of Newcrest; or‌or (ii) a Force Majeure Event. (c) Newcrest must use its commercially reasonable efforts in exercising its rights under this clause 13 to source the Alternative Services at a reasonable cost by having regard to the nature of the Services and the market for services similar to the Services at the time.‌time.

Alternative Services. (a) To the extent that the Vendor is unable to perform all or any part of the Services in accordance with the Contract for any reason, Newcrest may, in its absolute discretion, source such part of the Services from any third party (‘'Alternative Services’'). (b) If Newcrest exercises its rights to source Alternative Services, the incremental costs associated with sourcing the Alternative Services will be a debt due and immediately payable from the Vendor to Newcrest, except to the extent that the reason for the inability of the Vendor to perform all or part of the Services was as a direct result of: (i) any breach of Contract by Newcrest or an act or negligent omission of Newcrest or an Affiliate a Related Body Corporate of Newcrest; or‌or (ii) a Force Majeure Event. (c) Newcrest must use its commercially reasonable efforts endeavours in exercising its rights under this clause 13 to source the Alternative Services at a reasonable cost by having regard to the nature of the Services and the market for services similar to the Services at the time.‌time.