Consequences of Change in Law. (a) Provided that an Affected Party has complied and continues to comply with the obligations of Clauses 12.2 and 12.3, that Affected Party shall be entitled to the following relief, effective from the date on which notice is given by that Affected Party pursuant to Clause 12.2(a): i. the obligations of the Affected Party under this Agreement to the extent performance thereof is prevented or impeded by the Change in Law shall be suspended for the duration of the Change in Law period; ii. the time period(s) for the performance of the obligations of the Affected Party under this Agreement to the extent performance thereof is prevented or impeded by the Change in Law shall be extended on a Day for Day basis for the duration of the relevant Change in Law period; iii. Where either Parties rights or obligations under this Agreement are materially and adversely affected by any change of Law for a period of more than one hundred and twenty (120) days then the Affected Party shall have the right to terminate this Agreement immediately upon Notice to the other Party provided that such termination shall not relieve such party of their obligations including payment obligations arising before the date of such termination. (b) The Parties agree and undertake promptly to implement and give effect to all modifications or adjustments to the provisions of this Agreement as may be agreed or determined pursuant to the Clause 12.3.
Appears in 3 contracts
Samples: Gas Transmission Agreement, Gas Transmission Agreement, Gas Transmission Agreement
Consequences of Change in Law. (a) Provided that an Affected Party has complied and continues to comply with the obligations of Clauses 12.2 and 12.3, that The Affected Party shall be entitled to the following relief, effective from the date on which notice is given by that Affected Party pursuant to Clause 12.2(a):sub- clause (a) of clause 11.2:
i. the obligations of the Affected Party under this Agreement GTA to the extent performance thereof is prevented or impeded by the Change in Law shall be suspended for the duration of the Change in Law period;
ii. the time period(s) for the performance of the obligations of the Affected Party under this Agreement GTA to the extent performance thereof is prevented or impeded by the Change in Law shall be extended on a Day for Day basis for the duration of the relevant Change in Law period;
iiiii. Where either Parties rights or obligations under this Agreement GTA are materially and adversely affected by any change of Law for a period of more than one hundred half the duration between the Commencement date and twenty (120) days the Termination Date, then the Affected Party shall have the right to terminate this Agreement immediately GTA upon Notice to the other Party provided Party. Provided that such termination shall not relieve such party of their obligations including payment obligations arising before the date of such termination. Such Termination shall be informed by the Parties to NGGMS at the same time when such a notice is issued by the Party involved.
(b) The Parties agree and undertake promptly to implement and give effect to all modifications or adjustments to the provisions of this Agreement GTA as may be agreed or determined pursuant to the Clause 12.3clause 11.3.
Appears in 2 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement
Consequences of Change in Law. (a) Provided that an Affected Party has complied and continues to comply with the obligations of Clauses 12.2 and 12.3, that Affected Party shall be entitled to the following relief, effective from the date on which notice is given by that Affected Party pursuant to Clause 12.2(a):
i. the obligations of the Affected Party under this Agreement to the extent performance thereof is prevented or impeded by the Change in Law shall be suspended for the duration of the Change in Law period;
ii. the time period(s) for the performance of the obligations of the Affected Party under this Agreement to the extent performance thereof is prevented or impeded by the Change in Law shall be extended on a Day for Day basis for the duration of the relevant Change in Law period;
iii. Where either Parties rights or obligations under this Agreement are materially and adversely affected by any change of Law for a period of more than one hundred and twenty (120) days then the Affected Party shall have the right to terminate this Agreement immediately upon Notice to the other Party provided that such termination shall not relieve such party terminating the agreement, of their obligations including payment obligations arising before the date of such termination.
(b) The Parties agree and undertake promptly to implement and give effect to all modifications or adjustments to the provisions of this Agreement as may be agreed or determined pursuant to the Clause 12.3.
Appears in 1 contract
Samples: Gas Transmission Agreement