Common use of Amendment due to Hardship Clause in Contracts

Amendment due to Hardship. 25.3.1. In the event an amendment of this Agreement is required on the basis of Hardship, the Parties affected by such Hardship shall notify the other Parties to this Agreement as soon as reasonably possible. In this notification, it shall be set forth which Article of this Agreement needs to be amended in order to avoid or cancel the Hardship and the reason(s) and background as to why an amendment of this Agreement is required. 25.3.2. The following shall not be considered as Hardship: • adaptation due to introduction of requirements under CACM; and • amendments pursuant to Article 25.2 of this Agreement. 25.3.3. The Parties which are affected by such Hardship shall make a proposal to the other Parties for the alternative wording in order to avoid or cancel the Hardship, which alternative wording shall, as far as reasonably possible, preserve the initial contractual equilibrium and economic effect of the Agreement. If such Parties cannot agree on the proposal for the alternative wording, the notification as stipulated in Article 25.3.1 of this Agreement shall be sent to the other Parties without such proposal. 25.3.4. Notwithstanding the obligations of the Parties under this Article, all Parties shall take all steps reasonably required to mitigate the effect of such Hardship. 25.3.5. Following the notification as referred to in Article 25.3.1 of this Agreement, the MCSC shall discuss and seek to agree in the next MCSC meeting the amendments necessary in order to comply with the principles set forth in Article 25.3.3. 25.3.6. In the event the MCSC cannot reach an agreement on the amendment of this Agreement within 20 Working Days or such other longer period as the MCSC may decide in order to avoid or cancel the Hardship, the subject matter will be considered as a Dispute and shall be settled in accordance with Article 26 of this Agreement.

Amendment due to Hardship. 25.3.124.3.1. In the event an amendment of this the Agreement is required on the basis of pursuant Hardship, the Parties affected by such Hardship shall notify the other Parties to this the Agreement as soon as reasonably possible. In this notification, it shall be set forth which Article of this the Agreement needs to be amended in order to avoid or cancel the Hardship and the reason(s) and background as to why an amendment of this the Agreement is required. 25.3.224.3.2. The following shall not be considered as Hardship: • : i) adaptation due to the introduction of requirements under CACM; and • and ii) amendments pursuant to Article 25.2 of this Agreement24.2. 25.3.324.3.3. The Parties which are affected by such Hardship shall make a proposal to the other Parties for the alternative wording in order to avoid or cancel the Hardship, which alternative wording shall, as far as reasonably possible, preserve the initial contractual equilibrium and economic effect of the Agreement. If such Parties cannot agree on the proposal for the alternative wording, the notification as stipulated in Article 25.3.1 of this Agreement 24.3.1 shall be sent to the other Parties without such proposal. 25.3.424.3.4. Notwithstanding the obligations of the Parties under this ArticleArticle 24.3, all Parties shall take all steps reasonably required to mitigate the effect effects of such Hardship. 25.3.524.3.5. Following the notification as referred to in Article 25.3.1 of this Agreement24.3.1, the MCSC shall discuss and seek to agree in the next MCSC meeting the amendments necessary in order to comply with the principles set forth in Article 25.3.324.3.3. 25.3.624.3.6. In the event the MCSC cannot reach an agreement on the amendment of this the Agreement within 20 twenty (20) Working Days or such other longer period as the MCSC may decide in order to avoid or cancel the Hardship, the subject matter will be considered as a Dispute and shall be settled in accordance with Article 26 25 of this the Agreement.

Amendment due to Hardship. 25.3.124.3.1. In the event an amendment of this the Agreement is required on the basis of pursuant Hardship, the Parties affected by such Hardship shall notify the other Parties to this the Agreement as soon as reasonably possible. In this notification, it shall be set forth which Article of this the Agreement needs to be amended in order to avoid or cancel the Hardship and the reason(s) and background as to why an amendment of this the Agreement is required. 25.3.224.3.2. The following shall not be considered as Hardship: • : i) adaptation due to the introduction of requirements under CACM; and • and ii) amendments pursuant to Article 25.2 of this Agreement24.2. 25.3.324.3.3. The Parties which are affected by such Hardship shall make a proposal to the other Parties for the alternative wording in order to avoid or cancel the Hardship, which alternative wording shall, as far as reasonably possible, preserve the initial contractual equilibrium and economic effect of the Agreement. If such Parties cannot agree on the proposal for the alternative wording, the notification as stipulated in Article 25.3.1 of this Agreement 24.3.1 shall be sent to the other Parties without such proposal. 25.3.424.3.4. Notwithstanding the obligations of the Parties under this ArticleArticle 24.3, all Parties shall take all steps reasonably required to mitigate the effect effects of such Hardship. 25.3.524.3.5. Following the notification as referred to in Article 25.3.1 of this Agreement24.3.1, the MCSC shall discuss and seek to agree in the next MCSC meeting the amendments necessary in order to comply with the principles set forth in Article 25.3.324.3.3. 25.3.624.3.6. In the event the MCSC cannot reach an agreement on the amendment of this the Agreement within 20 twenty (20) Working Days or such other longer period as the MCSC may decide in order to avoid or cancel the Hardship, the subject matter will be considered as a Dispute and shall be settled in accordance with Article 26 of this Agreement.,