Common use of Consequences of Force Majeure Clause in Contracts

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.

Consequences of Force Majeure. 17.3.1 [During 12.3.1 If a Party is affected by Force Majeure and the pendency event is recognized as Force Majeure either by the other Party or by the application of a Clause 6.2 or 6.3 of the LSA, the Parties shall not be relieved, by reason of Force Majeure, from any obligation to indemnify the Seller other Party, to make any payment that is due and payable or to serve any notice unless expressly specified otherwise in this GC 12.3. 12.3.2 If Terminal Operator has suffered a single Force Majeure Event that results in Terminal Operator not being able to provide any part of the LNG Services, Shipper shall continue to pay the part of the Capacity Charge relating to the LNG Services which is still being provided by Terminal Operator. In relation to any part of the LNG Services that is not made available as a result of a single Force Majeure Event suffered by Terminal Operator, Shipper shall pay fifty (50) per cent of the applicable Capacity Charges for such LNG Services that Terminal Operator is not providing as a result of the Force Majeure Event for the period of three (3) weeks commencing on the date such Force Majeure Event occurs. During any Contract Year, ▇▇▇▇▇▇▇’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of three (3) weeks of such payments. After the said term of three (3) Weeks, Shipper shall make no further payments to Terminal Operator in relation to LNG Services which Terminal Operator is not providing as a result of the Force Majeure Event, until the Force Majeure Event is ended and Terminal Operator resumes provision of all LNG Services pursuant to this LSA. Over the entire Service Term, commencing from the Service Start Date, ▇▇▇▇▇▇▇’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of fifteen (15) weeks of such payments. If during any Contract Year a Force Majeure Event occurs during which, subject to the limitations set forth in the preceding sentences, Shipper would pay Terminal Operator fifty (50) per cent of the Capacity Charges, Shipper shall thereafter have no further obligation to make any payments to Terminal Operator in relation to such Force Majeure Event. 12.3.3 In the event performance by Terminal Operator under this LSA is substantially or totally impaired by a Force Majeure Event which is estimated to last for a period of more than twenty-four (24) consecutive Months pursuant to GC 12.2.1, Terminal Operator shall give notice hereof to Shipper within ninety (90) Days as from the date of the Force Majeure Event. Upon receipt of such notice, the Terminal Operator and the concerned Terminal Users (including ▇▇▇▇▇▇▇) shall discuss in good faith, taking into account each Party’s legitimate interests to take any action in order to remedy or mitigate the effects of the Force Majeure. Absent an agreement within such 90 days, Shipper shall be entitled to receive Capacity Payments either (i) terminate the concerned LNG Services; or Energy Payments [or Supplemental Payments] (ii) for the services which the remaining duration is longer than the estimated duration of the Force Majeure, suspend the concerned service until the end of Force Majeure. When the actual duration of the Force Majeure exceeds the estimated duration of the Force Majeure, Shipper shall at such time be entitled to choose one of the possible options described above. 12.3.4 In case the Shipper has decided to terminate the concerned LNG Service, such termination shall occur upon (i) notice to terminate to the other Party, and (ii) such notice to terminate being given within ninety (90) Days as from the Purchaser; except receipt of the notice of Force Majeure exceeding 24 Months or as the case may extended with the duration of the arbitration procedure when the duration of the Force Majeure Event is contested. In such event, such LNG Services shall terminate upon receipt of the notice to terminate by the other Party and each Party’s liabilities shall be limited to those accrued prior to the date of such termination. For the avoidance of doubt Shipper shall make payments due pursuant to GC 12.3.2 in relation to the LNG Services that Terminal Operator is not providing. 12.3.5 If a Force Majeure Event within the Port (excluding for Adverse Weather Conditions but not excluding damage to the Port caused by such Adverse Weather Conditions) or Segment 1 but not at the LNG Terminal affects, in whole or in part, the ability of Shipper to use the LNG Services made available by Terminal Operator, GC 12.3.2 and GC 12.3.3 shall apply as far as payment of the Capacity Charges by Shipper is concerned for such LNG Services which Shipper is unable to use during the duration of such Force Majeure Event and Shipper and Terminal Operator shall have the right to terminate the affected LNG Service if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Event qualifies as a Force Majeure shall be pro-rated to reflect the portion Event of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchasermore than twenty (24) Months.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. . 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above17.3.3 above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. 17.3.5 the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, by delivering a Termination Notice on the other Party, or deliver a Transfer Notice in accordance with Clause Error! Reference source not found., if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6) consecutive Months prior to the Commercial Operations Date or (b) three (3) consecutive Months after the Commercial Operations Date.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered Subject to the Purchaser.] 17.3.2 Neither provisions of Clauses 11.2 and 11.3, neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform (other than payment obligations) due solely substantially to one or more events of Force Majeure or its or their effects or by any combination thereof. 17.3.3 The , and the periods allowed for the performance by the Parties of the such obligation(s) referred to (other than that specified in Clause 17.3.1 12.3) shall be extended on a day-for-day basis for so long as one or more events of Force Majeure continues continue to affect materially and adversely affect the performance of by such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, ; provided that no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 11.1 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation if Force Majeure delays a Party’s performance for a period greater than eighteen (18) consecutive Months. Where the Party claiming the Force Majeure is actively engaged in implementing repairs which are required to overcome the effects of the Force Majeure and which cannot be and could not have been reasonably completed before the end of the eighteen (18) Month period mentioned in the preceding sentence of this Clause, then that Party may request the consent of the other Party for the said period of eighteen (18) consecutive Months to be extended for a further six (6) Months (any such request to be supported by reasonable evidence as to the details of the repairs, the time required to carry them out and the efforts made towards doing so). Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Clause 10, the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 11 shall be of no greater scope and of no longer duration than is required to overcome the effects of the Force Majeure. The relief provided under this section shall only apply to the extent and for the period that the party seeking relief actively pursues resolution of the issue leading to or arising from the Force Majeure with all diligence applying reasonable and necessary resources.

Consequences of Force Majeure. 17.3.1 [During the pendency 20.1.1 Upon an occurrence of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such an event of Force Majeure that materially and adversely affects only part the performance by that Party of its obligations or the enjoyment by that Party of its rights pursuant to this Contract, provided that any such material adverse effect has not occurred due to the material failure of the PlantParty to comply with its obligations hereunder, then then: (a) the Capacity Payments [and Supplemental Payments] during non-performing Party shall use its reasonable efforts to give the pendency other Party as soon as reasonably practicable but in any event within seventy-two (72) hours of such Force Majeure shall be pro-rated to reflect the portion Party learning of the Plant not affected thereby, and occurrence of such event or circumstance written notice describing the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to particulars of the Purchaser.]occurrence or circumstance; 17.3.2 Neither (b) the non-performing Party shall be responsible or excused from performance provided that such excused performance is of no greater scope and of no longer duration than is required by the event of Force Majeure; (c) the non-performing Party shall use its reasonable efforts to remedy its inability to perform; and (d) when the non-performing Party is able to resume performance of its obligations under this Contract, that Party shall use its reasonable efforts to promptly give the other Party written notice to that effect and shall promptly resume performance. 20.1.2 Except for the obligations of either Party to make any required payment then due and owing under this Contract, neither Party shall be liable for, or deemed in breach hereof because of, for any failure or delay in complying with its obligations under hereunder to the extent that such failure or pursuant to this Agreement which it cannot perform due solely to delay has been caused, or contributed to, by one or more events of Force Majeure or its or their effects or by any combination thereof. 17.3.3 . The periods allowed for the performance by the Parties of such obligation(s), including without limitation the obligation(s) referred to Guaranteed Completion Date in Clause 17.3.1 the case of Contractor, shall be extended as required, but in no event less than on a dayDay-for-day basis Day basis, for so long as one or more Force Majeure events continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 Contract; provided that either Party may immediately terminate this Contract and 17.3.3aboveCompany shall pay Contractor the amounts described in Section 19.2.2, no relief shall be granted to deducting from such payment only the Party claiming unrealized percentage (if any) of the Contract Price, if one or more Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurredevents delays a Party's performance for a period greater than nine (9) Months.

Consequences of Force Majeure. 17.3.1 [During the pendency (a) Where a Party’s performance of a its obligations under this Agreement has been affected by Force Majeure, that Party shall promptly (and in any event no later than five (5) Days of becoming aware of the Seller shall not be entitled Force Majeure) give a notice to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such other Party (Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Notice). (b) A Force Majeure Notice shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 (to the extent that such failure or delay would have nevertheless been experienced by information is reasonably available) state: (i) a description of the Force Majeure, including the date of the commencement of the Force Majeure and the extent of such Force Majeure; (ii) the anticipated date of removal of such Force Majeure; (iii) the cause of such Force Majeure; (iv) where Enercal is giving the Force Majeure Notice, the effect that Party had such Force Majeure has had and will have on: (A) the ability of Enercal to make Electricity available; and (B) Enercal’s daily nominations of Expected Actual Capacity given in respect of each Hour it has been or expects to be affected by Force Majeure; (v) the steps the Party giving the Force Majeure Notice proposes to take to remove or mitigate the effects of such Force Majeure on the performance of its obligations under this Agreement and to mitigate the effects of the non-performance of its obligations on the other Party as a result of the Force Majeure; and (vi) such other details as may be reasonably requested by the other Party. To the extent that such information is not occurredreasonably available at the time a Force Majeure Notice is given pursuant to clause 16.2(a), such information shall be notified to the other Party as soon as it becomes reasonably available. (c) Where the Force Majeure Notice indicates that the anticipated date of cessation of the effects of the Force Majeure on the performance of the affected Party’s obligations under this Agreement is more than five (5) Days from the commencement of the Force Majeure, the Parties will meet with a view to: (i) agreeing a plan detailing the steps to be taken by the Party affected by the Force Majeure to remove or mitigate the effects of such Force Majeure on the performance of its obligations under this Agreement and to mitigate the effects of the non-performance of its obligations on the other Party as a result of the Force Majeure (Force Majeure Plan); or (ii) agreeing that the Force Majeure cannot be remedied or cannot be remedied within 180 Days. If the Parties cannot reach agreement under clause 16.2(c)(i) or (ii), the Parties shall submit the dispute to an Expert with experience in resolving such disputes or disputes of a similar nature. The Expert shall be required to resolve the dispute by: (iii) if the Expert considers that the Force Majeure can be remedied within 180 Days, taking into account the submissions of the Parties and determining the most effective Force Majeure Plan; or (iv) determining that the Force Majeure cannot be remedied or cannot be remedied within 180 Days. For the avoidance of doubt, if the Expert is unable to resolve the dispute to the mutual satisfaction of the Parties, the dispute shall be resolved in accordance with clause 38 (Arbitration). (d) If the Parties agree a Force Majeure Plan or the Expert (or arbitrator) determines a Force Majeure Plan, the Party whose obligations have been affected by such Force Majeure shall: (i) implement the Force Majeure Plan; (ii) take all other reasonable steps to mitigate the effects of such Force Majeure on the performance of its obligations under this Agreement and to mitigate the effects of the non-performance of its obligations on the other Party as a result of the Force Majeure; (iii) give regular updates to the other Party setting out the progress of the implementation of the Force Majeure Plan and the likely date or dates on which the performance of each of its affected obligations will resume; and (iv) resume the performance of such obligations as soon as reasonably practicable and notify the other Party of such resumption accordingly. (e) If the Parties do not agree a Force Majeure Plan and agree (or the Expert or arbitrator determines) that the Force Majeure cannot be remedied or cannot be remedied within 180 Days, then either Party shall be entitled to terminate this Agreement on written notice to the other. Upon such termination, subject to clause 16.2(f), neither Party will have any rights or liabilities under this Agreement other than those under clause 18 (Confidentiality) which shall continue for a period of five (5) years after such termination. For the avoidance of doubt, Goro Nickel shall have no right to: (i) terminate this Agreement pursuant to this clause 16.2(e); or (ii) claim that the performance of its obligations under this Agreement are affected by Force Majeure, solely on the basis that it is unable to use Electricity which is made available to it by Enercal on the terms of this Agreement. (f) If Goro Nickel elects to terminate this Agreement pursuant to clause 16.2(e) (the date of such termination being the Early Termination Date) Goro Nickel will pay Enercal a termination payment (the Termination Payment), (i) if the Early Termination Date falls before the twenty-fifth (25th) anniversary of the Start Date, the amount required to indemnify Enercal for all losses, damages and reasonable and demonstrable costs suffered by Enercal as a result of the early termination of this Agreement such amount being equal to the AC Present Value (calculated as of the Early Termination Date); and (ii) if the Early Termination Date falls after the twenty-fifth (25th) anniversary of the Start Date, the amount required to indemnify Enercal for all losses, damages and reasonable and demonstrable costs suffered by Enercal as a result of the early termination of this Agreement up to twenty per cent. (20%) of the demonstrable fixed costs of operating and maintaining the second generating unit at the Facility (calculated as of the Early Termination Date in respect of the period from the Early Termination Date to the end of the Extension Period in which the Early Termination Date falls). (g) On, or as soon as reasonably practicable after, the Early Termination Date of which notice is given under clause 16.2(e), Enercal shall in good faith calculate the Termination Payment. (h) Enercal shall notify Goro Nickel of the Termination Payment including detailed support for the Termination Payment calculation. (i) Goro Nickel shall pay the Termination Payment to Enercal within ten (10) Business Days of invoice or notification of the Termination Payment amount (the Termination Payment Date), which amount shall bear interest in accordance with clause 10.6 (Late payments). (j) Enercal may, at its option, set off the Termination Payment against any or all other amounts owing (whether or not matured, contingent or invoiced) between the Parties under this Agreement. The right of set off shall be without prejudice and in addition to any right of set off, combination of accounts, lien, charge or other right to which any Party is at any time otherwise entitled (whether by operation of law, by contract or otherwise). If an amount is unascertained, Enercal may reasonably estimate the amount to be set off. The Parties shall make any adjustment payment required within three (3) Business Days of the amount becoming ascertained. (k) Disputed amounts under this clause 16.2 shall be paid by Goro Nickel subject to refund with interest calculated in accordance with clause 10.6 (Late payments) if the dispute is resolved in favour of Goro Nickel.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] any payments from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] fixed costs payments during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- pro-rated Capacity Payments payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. . 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above17.3.3 above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. 17.3.5 the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, by delivering a Termination Notice on the other Party, or deliver a Transfer Notice in accordance with Clause Error! Reference source not found., if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6) consecutive Months prior to the Commercial Operations Date or (b) three (3) consecutive Months after the Commercial Operations Date.

Consequences of Force Majeure. 17.3.1 [During A. The purpose of this Article is to establish the pendency consequences of Force Majeure events preventing either party from complying with any of its obligations under this Contract. For the avoidance of doubt the payment obligations of either party shall not be the subject of Force Majeure. B. Any party whose ability to perform is affected by a Force Majeure event shall take all reasonable steps to mitigate the impact of such event. C. If the effect of a Force MajeureMajeure event is temporary, subject to Paragraph D of this Article, the Seller party so affected shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected therebyresponsible for any consequent delay, and the Seller relevant schedule or time period shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered extended accordingly, if notice is given to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable forother party within seven (7) days after the party affected becomes aware, or deemed in breach hereof because ofshould reasonably have become aware, any failure that the event has occurred. At the time of the initial notice of the occurrence of the event, or as soon thereafter as possible, the party affected shall inform the other party of the extent of the delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to expected as a result of the event. D. In the case of one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance events notified by the Parties Contractor having a temporary effect on the ability of the obligation(s) Contractor to deliver any Spacecraft within the schedule referred to in Clause 17.3.1 Article 4 hereof, entitled Performance Schedule, if the effect is, or will be, to delay such delivery by more than *** (***) days, or in the case of Force Majeure events notified by the Contractor permanently preventing the Contractor from complying with the schedule, Inmarsat may declare this Contract to be discharged as to the Spacecraft so affected. With respect to such Spacecraft, Article 26 hereof, entitled Termination for Convenience, shall be extended applied mutatis mutandis to determine the impact on the Contractor and the Contractor shall be entitled to *** of the amount to which it would have been entitled under Article 26. The Contractor will retain title to the Work but beneficial ownership will be shared equally between the parties. Inmarsat shall not transfer, charge or otherwise dispose of its rights of beneficial ownership to a day-for-day basis for so long as one third party and shall release any rights of beneficial ownership upon either a sale in accordance with Paragraph E of this Article or more Force Majeure continues at the end of the *** period referred to affect materially and adversely in Paragraph E of this Article. E. Following a termination according to the performance provisions of Paragraph D of this Article 17 the Contractor may proceed with the sale of such Party Spacecraft with Inmarsat’s agreement. The proceeds realised from any subsequent sale of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief Spacecraft shall be granted applied first to the Party claiming Force Majeure pursuant reasonable costs and expense incurred by the Contractor for the storage, protection, removal, modification, completion, sale, and delivery of such Spacecraft, and the remaining amount shall be *** between the Contractor and Inmarsat. The Contractor shall have no obligation to this Clause 17.3 pay to Inmarsat any proceeds of the extent that sale of such failure or delay would have nevertheless been experienced by that Party had Spacecraft unless the Contractor has contracted to sell the Spacecraft within *** months after such Force Majeure not occurredtermination.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered Subject to the Purchaser.] 17.3.2 Neither provisions of Clauses 12.2 and 12.3, neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform (other than payment obligations) due solely substantially to one or more events of Force Majeure or its or their effects or by any combination thereof. 17.3.3 The , and the periods allowed for the performance by the Parties of the such obligation(s) referred to (other than that specified in Clause 17.3.1 13.3) shall be extended on a day-for-day basis for so long as one or more events of Force Majeure continues continue to affect materially and adversely affect the performance of by such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, ; provided that no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 12.1 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation if Force Majeure delays a Party’s performance for a period greater than eighteen (18) consecutive Months. Where the Party claiming the Force Majeure is actively engaged in implementing repairs which are required to overcome the effects of the Force Majeure and which cannot be and could not have been reasonably completed before the end of the eighteen (18)-Month period mentioned in the preceding sentence of this Clause, then that Party may request the consent of the other Party for the said period of eighteen (18) consecutive Months to be extended for a further six (6) Months (any such request to be supported by reasonable evidence as to the details of the repairs, the time required to carry them out and the efforts made towards doing so). Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Clause 11, the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 12 shall be of no greater scope and of no longer duration than is required to overcome the effects of the Force Majeure. The relief provided under this Section shall only apply to the extent and for the period that the Party seeking relief actively pursues resolution of the issue leading to or arising from the Force Majeure with all diligence applying reasonable and necessary resources.

Consequences of Force Majeure. 17.3.1 [During (a) If the pendency Buyer is prevented from accepting delivery of a all or part of an Annual Timber Intake due to Force Majeure: (i) VicForests will reduce the Annual Timber Intake in accordance with the amount of the Annual Timber Intake not accepted by the Buyer; or (ii) VicForests reserves the right to offer that part of the Annual Timber Intake that is not accepted by the Buyer or not supplied by VicForests, in the Supply Year in which the Force Majeure occurs or during any part of the remaining Term and if accepted by the Buyer, VicForests will adjust the Annual Timber Intake accordingly. (b) If due to Force Majeure, VicForests is prevented from supplying all or part of an Annual Timber Intake, VicForests reserves the Seller shall right to: (i) reduce the Annual Timber Intake in accordance with the amount of the Annual Timber Intake not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchasersupplied by VicForests; except and/or (ii) supply that if such Force Majeure affects only part of the Plant, then Annual Timber Intake that is not supplied by VicForests in the Capacity Payments [and Supplemental Payments] during Supply Year in which the pendency of such Force Majeure shall be pro-rated to reflect the portion occurs or during any part of the Plant not affected therebyremaining Term and if accepted by the Buyer, VicForests will adjust the Annual Timber Intake accordingly, (c) If either or both of clauses 22.3(a) and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered 22.3(b) apply VicForests shall, in accordance with clause 15.9(a), having regard to the Purchaser.] 17.3.2 Neither Party shall be responsible nature or liable forduration of the Force Majeure, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement adjust the Operational Plan of each Supply Year which it cannot perform due solely to one or more is affected by the Force Majeure or its or their effects or by event and it shall give reasonable consideration to any combination thereof. 17.3.3 The periods allowed for the performance written comments made by the Parties of Buyer when preparing draft Operational Plans for Supply Years following the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurredevent.

Consequences of Force Majeure. 17.3.1 [During (a) If the pendency Buyer is prevented from accepting delivery of a all or part of an Annual Timber Intake due to Force Majeure: (i) VicForests will reduce the Annual Timber Intake in accordance with the amount of the Annual Timber Intake not accepted by the Buyer; or (ii) VicForests reserves the right to offer that part of the Annual Timber Intake that is not accepted by the Buyer or not supplied by VicForests, in the Supply Year in which the Force Majeure occurs or during any part of the remaining Term and if accepted by the Buyer, VicForests will adjust the Annual Timber Intake accordingly. (b) If due to Force Majeure, VicForests is prevented from supplying all or part of an Annual Timber Intake, VicForests reserves the Seller shall right to: (i) reduce the Annual Timber Intake in accordance with the amount of the Annual Timber Intake not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchasersupplied by VicForests; except and/or (ii) supply that if such Force Majeure affects only part of the Plant, then Annual Timber Intake that is not supplied by VicForests in the Capacity Payments [and Supplemental Payments] during Supply Year in which the pendency of such Force Majeure shall be pro-rated to reflect the portion occurs or during any part of the Plant not affected therebyremaining Term and if accepted by the Buyer, VicForests will adjust the Annual Timber Intake accordingly, (c) If either or both of clauses 22.3(a) and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered 22.3(b) apply, VicForests shall, in accordance with clause 15.9(a), having regard to the Purchaser.] 17.3.2 Neither Party shall be responsible nature or liable forduration of the Force Majeure, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement adjust the Operational Plan of each Supply Year which it cannot perform due solely to one or more is affected by the Force Majeure or its or their effects or by event and it shall give reasonable consideration to any combination thereof. 17.3.3 The periods allowed for the performance written comments made by the Parties of Buyer when preparing draft Operational Plans for Supply Years following the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurredevent.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. . 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. 17.3.5 the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation,by delivering a Termination Notice on the other Party, or deliver a Transfer Notice in accordance with Clause Error! Reference source not found., if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6)consecutive Months prior to the Commercial Operations Date or (b) three (3) consecutive Months after the Commercial Operations Date.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, Majeure the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.4 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 . 17.3.5 Notwithstanding Clauses 17.3.1 and 17.3.3above17.3.4above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. 17.3.6 the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation,by delivering a Termination Notice on the other Party, or deliver a Transfer Notice in accordance with Clause 19.4.2.4, if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6)consecutive Months prior to the Commercial Operations Date or (b) three (3) consecutive Months after the Commercial Operations Date.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. . 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. 17.3.5 the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation,by delivering a Termination Notice on the other Party, or deliver a Transfer Notice in accordance with Clause Error! Reference source not found., if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6)consecutive Months prior to the Commercial Operations Date or (b) three (3)consecutive Months after the Commercial Operations Date.

Consequences of Force Majeure. 17.3.1 [During 12.3.1 A Party will be relieved from liability under this Agreement excluding the pendency obligation to pay money, except to the extent expressly provided for in this Agreement, if performance of any of this Agreement's terms or conditions is prevented or delayed due to Force Majeure. 12.3.2 Any suspension of a Party's performance under this Clause 12 will be limited to the period during which the Force MajeureMajeure renders a Party unable to perform, in whole or in part, an obligation under this Agreement. 12.3.3 In the case of Force Majeure affecting the Company at any time on or after the Open Cycle Operation Date (but excluding the Combined Cycle Commissioning Period) in circumstances where there is no adjustment of the Scheduled Combined Cycle Operation Date in accordance with Clause 5.6.1(i) in consequence thereof, the Seller Combined Cycle Operational Period shall not be entitled extended by the number of Days equal to the number of Days during which the CEB was wholly unable to receive Capacity Payments or Energy Payments [or Supplemental Payments] electrical energy from the Purchaser; except that if such Force Majeure affects only part of Facility or the PlantCompany was wholly or partially unable to deliver electrical energy from the Facility, then the Capacity Payments [and Supplemental Payments] during the pendency by virtue of such Force Majeure (the "Affected Period"), provided that, where the Company was partially able to deliver electrical energy, such extension shall be pro-rated reduced by a proportion equal to reflect the portion proportion which the availability of the Plant not affected thereby, and Facility for Dispatch during the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered Affected Period bears in relation to the Purchaseravailability of the Facility for Dispatch which would have been achieved but for such Force Majeure (as determined by agreement of the Parties) within seven (7) Days of cessation thereof and, in the absence of agreement, as determined by an Expert appointed under Part 1 of Schedule 12 (Disputes Resolution Procedure).] 17.3.2 Neither Party 12.3.4 In the case of Force Majeure resulting in damage to the Facility or requiring a material modification or a material capital addition to the Facility to restore it to an agreed operating level ("Restoration"), the Parties shall meet and agree on: the work necessary to be responsible or liable for, or deemed carried out in breach hereof because of, any failure or delay in complying with order for the Facility to be restored such that the Company can continue to meet its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed agreement; and the schedule for Restoration. In the performance by event that the Parties are unable to agree on the matter(s) set out in the above sub-Clauses (i) and/or (ii) of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 12.3.4 within sixty (60) Days, the Parties shall submit the matter(s) for resolution to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurredan Expert appointed under Part 1 of Schedule 12 (Disputes Resolution Procedure).

Consequences of Force Majeure. 17.3.1 If the Contractor is prevented from performing its substantial obligations under the Contract by Force Majeure of which notice has been given under Sub-Clause 19.2 [During the pendency Notice of a Force Majeure], and suffers delay and/or incurs Cost by reason of such Force Majeure, the Seller Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and if the event or circumstance is of the kind described in sub-paragraphs (i) to (iv) of Sub-Clause 19.1 [Definition of Force Majeure] and, in the case of sub-paragraphs (ii) to (iv), occurs in the Country, payment of any such Cost, including the costs of rectifying or replacing the Works and/or Goods damaged or destructed by Force Majeure, to the extent they are not indemnified through the insurance policy referred to in Sub-Clause 18.2 [Insurance for Works and Contractor’s Equipment]. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters. Force Majeure Affecting Subcontractor If any Subcontractor is entitled under any contract or agreement relating to the Works to relief from force majeure on terms additional to or broader than those specified in this Clause, such additional or broader force majeure events or circumstances shall not be entitled excuse the Contractor’s non-performance or entitle him to receive Capacity Payments or Energy Payments [or Supplemental Payments] from relief under this Clause. Optional Termination, Payment and Release If the Purchaser; except that if such execution of substantially all the Works in progress is prevented for a continuous period of sixty (60) days by reason of Force Majeure affects only part of which notice has been given under Sub-Clause 19.2 [Notice of Force Majeure], or for multiple periods which total more than 140 days due to the same notified Force Majeure, then either Party may give to the other Party a notice of termination of the PlantContract. In this event, then the Capacity Payments [and Supplemental Payments] during termination shall take effect 7 days after the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected therebynotice is given, and the Seller Contractor shall be entitled to receive proceed in accordance with Sub-Clause 16.3 [Cessation of Work and Removal of Contractor’s Equipment]. Upon such pro- rated Capacity Payments [termination, the Engineer shall determine the value of the work done and Supplemental Payments] issue a Payment Certificate which shall include: the amounts payable for any work carried out for which a price is stated in the Contract; the Cost of Plant and Energy Payments Materials ordered for electrical energy actually the Works which have been delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable forContractor, or deemed of which the Contractor is liable to accept delivery: this Plant and Materials shall become the property of (and be at the risk of) the Procuring entity when paid for by the Procuring entity, and the Contractor shall place the same at the Procuring entity disposal; other Costs or liabilities which in breach hereof because ofthe circumstances were reasonably and necessarily incurred by the Contractor in the expectation of completing the Works; the Cost of removal of Temporary Works and Contractor’s Equipment from the Site and the return of these items to the Contractor’s works in his country (or to any other destination at no greater cost); and the Cost of repatriation of the Contractor’s staff and labour employed wholly in connection with the Works at the date of termination. Release from Performance Notwithstanding any other provision of this Clause, if any failure event or delay in complying with its obligations under circumstance outside the control of the Parties (including, but not limited to, Force Majeure) arises which makes it impossible or pursuant unlawful for either or both Parties to this Agreement which it cannot perform due solely to one or more Force Majeure or fulfil its or their effects contractual obligations or by any combination thereof. 17.3.3 The periods allowed for which, under the performance by law governing the Contract, entitles the Parties to be released from further performance of the obligation(s) referred Contract, then upon notice by either Party to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such other Party of such obligation(s) under event or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief circumstance: the Parties shall be granted discharged from further performance, without prejudice to the rights of either Party claiming Force Majeure pursuant to this Clause 17.3 in respect of any previous breach of the Contract, and the sum payable by the Procuring entity to the extent that such failure or delay Contractor shall be the same as would have nevertheless been experienced by that Party payable under Sub-Clause 19.5 [Optional Termination, Payment and Release] if the Contract had such Force Majeure not occurredbeen terminated under Sub-Clause 19.5.

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] any payments from the PurchaserBuyer; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Buyer. Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure Event or its or their effects or by any combination thereof. 17.3.3 . The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 6.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 6.3.1 and 17.3.3above6.3.3 above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 6.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred. The Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, by delivering a Termination Notice on the other Party if an event of Force Majeure delays the other Party's performance for a period greater than (a) six (6) consecutive Months prior to the Commercial Operations Date or (b) three (3) consecutive Months after the Commercial Operations Date. If Agreement is terminated due to a Political Force Majeure, then the Buyer shall buy and the Seller shall sell the Facility at a price equivalent to the Buyers’ Default Purchase Price less any insurance proceeds. If the Agreement is terminated due to a Force Majeure – Natural event, the Buyer shall buy and the Seller shall sell the Facility at a price equivalent to Financing Costs Outstanding at the Calculation Date and Termination Costs.

Consequences of Force Majeure. 17.3.1 [During If the pendency Contractor is prevented from performing any of a its obligations under the Contract by Force Majeure of which notice has been given under sub-clause 23.12, and suffers delay and/or incurs additional costs by reason of such Force Majeure, the Seller Contractor shall be entitled, subject to sub-clause Error: Reference source not found to - an extension of time for any such delay, if completion is or will be entitled delayed, under sub-clause Error: Reference source not found, and if the event or circumstance is of the kind described in of sub-clauses 23.8 to receive Capacity Payments 23.11 , payment of any such additional cost. After receiving this notice, the Parties shall proceed in accordance with clause 23.12 to agree or Energy Payments [or Supplemental Payments] from determine these matters. Optional Termination, Payment and Release If the Purchaser; except that if such execution of substantially all the Services is prevented for a continuous period of 84 (eighty four) Days by reason of Force Majeure affects only part of which notice has been given under sub-clause 23.12, or for multiple periods which total more than 140 (one hundred and forty) days due to the same notified Force Majeure, then either Party may give to the other Party a notice of termination of the PlantContract. In such event, then the Capacity Payments [and Supplemental Payments] during termination shall take effect 7 (seven) days after the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected therebynotice is given, and the Seller Contractor shall be entitled proceed in accordance with Sub-Clause 23.30 [Cessation of Work and Removal of Contractor's Equipment]. Upon such termination, the Project Manager shall determine the value of the Work done to receive such pro- rated Capacity Payments [date and Supplemental Payments] issue a payment certificate to the Contractor which shall include - The amounts payable for any work carried out for which a price is stated in the Contract; The cost of equipment and Energy Payments materials ordered for electrical energy actually the Services which have been delivered to the Purchaser.] 17.3.2 Neither Party Employer, such equipment and materials shall become the property of (and be responsible at the risk of) the Employer when paid for in full by the Employer, and the Contractor shall place the same at the Employer’s disposal; Any other costs or liable forliabilities which in the circumstances were reasonably incurred by the Contractor in the expectation of completing the Services; and The cost of removal of Temporary Services and Contractor's Equipment from the Site and the return of these items to the Contractor. Release from Performance under the Law Notwithstanding any other provision of this clause 23.32, if any event or deemed in breach hereof because ofcircumstance outside the control of the Parties (including, any failure but not limited to, Force Majeure) arises which makes it impossible or delay in complying with its obligations under unlawful for either or pursuant both Parties to this Agreement which it cannot perform due solely to one or more Force Majeure or fulfil its or their effects contractual obligations or by any combination thereof. 17.3.3 The periods allowed for which, under the performance by law governing the Contract, entitles the Parties to be released from further performance of the obligation(s) referred Contract, then upon notice by either Party to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such other Party of such obligation(s) under event or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief circumstance - The Parties shall be granted discharged from further performance, without prejudice to the rights of either Party claiming Force Majeure pursuant to this Clause 17.3 in respect of any previous breach of the Contract, and The sum payable by the Employer to the extent that such failure or delay Contractor shall be the same as would have nevertheless been experienced by that Party payable under sub-clause 23.24 [Optional Termination, Payment and Release] if the Contract had such Force Majeure not occurredbeen terminated under sub-clause 23.24.

Consequences of Force Majeure. 17.3.1 [12.3.1 If a Party is affected by Force Majeure and the event is recognized as Force Majeure either by the other Party either in application of Clause 6.2 or 6.3 of the LTA, the Parties shall not be relieved, by reason of Force Majeure, from any obligation to indemnify the other Party, to make any payment that is due and payable or to serve any notice. 12.3.2 If Terminal Operator has suffered a single Force Majeure Event that results in Terminal Operator not being able to provide the Additional Berthing Right or Small Scale Berthing Right (or Berthing Right as the case may be) and/or any portion of the LNG Redelivery Service under this LTA, Shipper shall continue to pay the part of the Capacity Charge relating to the Additional Berthing Right or Small Scale Berthing Right (or Berthing Right as the case may be) and/or LNG Redelivery Service which is still being provided by Terminal Operator. In relation to any Additional Berthing Right or Small Scale Berthing Right (or Berthing Right as the case may be) or portion of the LNG Redelivery Service that is not made available as a result of a single Force Majeure Event suffered by Terminal Operator, Shipper shall pay fifty (50) per cent of the applicable Capacity Charges for such LNG Redelivery Services that Terminal Operator is not providing as a result of the Force Majeure Event for the period of three (3) weeks commencing on the date such Force Majeure Event occurs. During any Contract Year, Shippers obligation to pay fifty (50) per cent of the pendency Capacity Charges for LNG Redelivery Services that Terminal Operator is not providing as a result of a Force MajeureMajeure Event shall be limited to a total of three (3) weeks of such payments. Further, over the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] entire Service Term, commencing from the Purchaser; except Service Start Date, Shipper’s obligation to pay fifty (50) per cent of the Capacity Charges for LNG Redelivery Services that if Terminal Operator is not providing as a result of a Force Majeure Event shall be limited to a total of fifteen (15) weeks of such payments. If during any Contract Year a Force Majeure Event occurs during which, subject to the limitations set forth in the preceding sentences, Shipper would pay Terminal Operator fifty (50) per cent of the Capacity Charges for LNG Redelivery Services that Terminal Operator is not providing as a result of a Force Majeure Event, Shipper shall thereafter have no further obligation to make any payments to Terminal Operator in relation to such Force Majeure affects only part Event. After the said term of three (3) Weeks, Shipper shall make no further payments to Terminal Operator in relation to LNG Redelivery Services which Terminal Operator is not providing as a result of the PlantForce Majeure Event for a period of two (2) Years thereafter, then or, if earlier, until the Capacity Payments [Force Majeure Event is ended and Supplemental Payments] during the pendency Terminal Operator resumes provision of all LNG Redelivery Services pursuant to this LTA. If such Force Majeure Event continues beyond this period, the Parties shall be pro-rated work together to reflect adjust the portion commitment of the Plant not affected therebyParties in relation to such Force Majeure Event in accordance with GC 12.3.3. 12.3.3 In the event performance by Terminal Operator under this LTA is substantially or totally impaired by a single Force Majeure Event which is estimated to last for a period of more than twenty-four (24) consecutive Months, and Terminal Operator shall give notice hereof to Shipper within ninety (90) Days as from the Seller date of the Force Majeure Event. Shipper shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments either (i) terminate the concerned LNG Redelivery Services; or (ii) for electrical energy actually delivered the services which the remaining duration is longer than the estimated duration of the Force Majeure, suspend the concerned service until the end of Force Majeure. In case the duration of the Force Majeure exceeds the estimated duration of the Force Majeure, Shipper shall be entitled to choose one of the possible adjustments described above. 12.3.4 If a Force Majeure Event within the Port (excluding for Adverse Weather Conditions but not excluding damage to the Purchaser.] 17.3.2 Neither Party shall be responsible Port caused by such Adverse Weather Conditions) but not at the LNG Terminal affects, in whole or liable forin part, or deemed in breach hereof because ofthe ability of Shipper to use the LNG Redelivery Services made available by Terminal Operator, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially GC 12.3.2 and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.GC

Consequences of Force Majeure. 17.3.1 [During 16.2.1 Subject to Clause 16.2.2(b) and Clause Error! Reference source not found. (Economic Stabilisation) below, the pendency Affected Party shall be relieved from liability under this Agreement to the extent that, by reason of a the Event of Force Majeure, it is not able to perform all or a material part of its obligations under this Agreement. 16.2.2 Where a Party is (or claims to be) affected by an Event of Force Majeure: (a) it shall take all reasonable steps to mitigate the Seller consequences of such an event upon the performance of its obligations under this Agreement and to resume performance of its obligations affected by the Event of Force Majeure as soon as practicable, and shall use all reasonable endeavours to remedy its failure to perform; and (b) it shall not be entitled relieved from liability under this Agreement to receive Capacity Payments the extent that it is not able to perform, or Energy Payments [has not in fact performed, its obligations under this Agreement due to its failure to comply with its obligations under Clause 16.2.2(a). 16.2.3 The Affected Party shall serve written notice on the other Party within seven (7) Business Days of it becoming aware of the relevant Event of Force Majeure. Such initial notice shall give sufficient details to identify the particular event claimed to be an Event of Force Majeure. 16.2.4 A subsequent written notice shall be served by the Affected Party on the other Party within a further fifteen (15) Business Days which shall contain such relevant information relating to the failure to perform (or Supplemental Payments] from delay in performing) as is available, including (without limitation) the Purchaser; except that if such effect of the Event of Force Majeure affects only part on the ability of the PlantAffected Party to perform its obligations under this Agreement, then the Capacity Payments [and Supplemental Payments] during action being taken in accordance with Clause 16.2.2(a), the pendency date of such the occurrence of the Event of Force Majeure and an estimate of the period of time required to overcome it (and/or its effects). 16.2.5 If the Event of Force Majeure occurs prior to the Longstop Effective Date or the Scheduled Commercial Operation Date, the Longstop Effective Date and/or the Scheduled Commercial Operation Date which have not then occurred, shall be pro-rated to reflect postponed by such time as shall be reasonable for such an Event of Force Majeure, taking into account the portion likely effect of the Plant not affected therebydelay. If the Event of Force Majeure occurs after the Scheduled Commercial Operation Date but prior to the Required Commercial Operation Date, the Required Commercial Operation Date shall be postponed by such time as shall be reasonable for such an Event of Force Majeure, taking into account the likely effect of the delay. 16.2.6 The Affected Party shall have the burden of proving both the existence of any Event of Force Majeure and the Seller effect (both as to nature and extent) which any such Event of Force Majeure has on its performance. If the Parties are, on the basis of the Force Majeure notices and any supporting documentation, unable to agree as to the existence or as to the effect of an Event of Force Majeure by the date falling forty-five (45) days after the receipt by the non-Affected Party of the notice of Force Majeure in accordance with Clause 16.2.4, either Party shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered refer the matter to the Purchaserdispute resolution in accordance with Clause 20 (Dispute Resolution).] 17.3.2 Neither 16.2.7 The Affected Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more notify the other as soon as the consequences of the Event of Force Majeure or have ceased and when performance of its or their effects or by any combination thereofaffected obligations can be resumed. 17.3.3 The periods allowed for 16.2.8 If, following the performance by the Parties issue of the obligation(s) any notice referred to in Clause 17.3.1 16.2.4, the Affected Party receives or becomes aware of any further information relating to the Event of Force Majeure (and/or any failure to perform), it shall submit such further information to the other Party as soon as reasonably possible. 16.2.9 Save and except as expressly provided in this Agreement, no Party shall be extended on a day-for-day basis for so long as one liable in any manner whatsoever to the other Party in respect of any loss relating to or more arising out of the occurrence or existence of any Event of Force Majeure continues to affect materially and adversely or the performance exercise by it of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure any right pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such 15.2 (Force Majeure not occurredMajeure).

Consequences of Force Majeure. 17.3.1 [During  If a Party is affected by Force Majeure and the pendency event is recognized as Force Majeure either by the other Party or by the application of a Clause 6.2 or 6.3 of the LSA, the Parties shall not be relieved, by reason of Force Majeure, from any obligation to indemnify the Seller other Party, to make any payment that is due and payable or to serve any notice unless expressly specified otherwise in this GC 12.3.  If Terminal Operator has suffered a single Force Majeure Event that results in Terminal Operator not being able to provide any part of the LNG Services, Shipper shall continue to pay the part of the Capacity Charge relating to the LNG Services which is still being provided by Terminal Operator. In relation to any part of the LNG Services that is not made available as a result of a single Force Majeure Event suffered by Terminal Operator, Shipper shall pay fifty (50) per cent of the applicable Capacity Charges for such LNG Services that Terminal Operator is not providing as a result of the Force Majeure Event for the period of three (3) weeks commencing on the date such Force Majeure Event occurs. During any Contract Year, Shipper’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of three (3) weeks of such payments. After the said term of three (3) Weeks, Shipper shall make no further payments to Terminal Operator in relation to LNG Services which Terminal Operator is not providing as a result of the Force Majeure Event, until the Force Majeure Event is ended and Terminal Operator resumes provision of all LNG Services pursuant to this LSA. Over the entire Service Term, commencing from the Service Start Date, Shipper’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of fifteen (15) weeks of such payments. If during any Contract Year a Force Majeure Event occurs during which, subject to the limitations set forth in the preceding sentences, Shipper would pay Terminal Operator fifty (50) per cent of the Capacity Charges, Shipper shall thereafter have no further obligation to make any payments to Terminal Operator in relation to such Force Majeure Event.  In the event performance by Terminal Operator under this LSA is substantially or totally impaired by a Force Majeure Event which is estimated to last for a period of more than twenty-four (24) consecutive Months pursuant to GC 12.2.1, Terminal Operator shall give notice hereof to Shipper within ninety (90) Days as from the date of the Force Majeure Event. Upon receipt of such notice, the Terminal Operator and the concerned Terminal Users (including Shipper) shall discuss in good faith, taking into account each Party’s legitimate interests to take any action in order to remedy or mitigate the effects of the Force Majeure. Absent an agreement within such 90 days, Shipper shall be entitled to receive Capacity Payments either (i) terminate the concerned LNG Services; or Energy Payments [or Supplemental Payments] (ii) for the services which the remaining duration is longer than the estimated duration of the Force Majeure, suspend the concerned service until the end of Force Majeure. When the actual duration of the Force Majeure exceeds the estimated duration of the Force Majeure, Shipper shall at such time be entitled to choose one of the possible options described above.  In case the Shipper has decided to terminate the concerned LNG Service, such termination shall occur upon (i) notice to terminate to the other Party, and (ii) such notice to terminate being given within ninety (90) Days as from the Purchaser; except receipt of the notice of Force Majeure exceeding 24 Months or as the case may extended with the duration of the arbitration procedure when the duration of the Force Majeure Event is contested. In such event, such LNG Services shall terminate upon receipt of the notice to terminate by the other Party and each Party’s liabilities shall be limited to those accrued prior to the date of such termination. For the avoidance of doubt Shipper shall make payments due pursuant to GC 12.3.2 in relation to the LNG Services that Terminal Operator is not providing.  If a Force Majeure Event within the Port (excluding for Adverse Weather Conditions but not excluding damage to the Port caused by such Adverse Weather Conditions) or Segment 1 but not at the LNG Terminal affects, in whole or in part, the ability of Shipper to use the LNG Services made available by Terminal Operator, GC 12.3.2 and GC 12.3.3 shall apply as far as payment of the Capacity Charges by Shipper is concerned for such LNG Services which Shipper is unable to use during the duration of such Force Majeure Event and Shipper and Terminal Operator shall have the right to terminate the affected LNG Service if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Event qualifies as a Force Majeure shall be pro-rated to reflect the portion Event of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchasermore than twenty (24) Months.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.

Consequences of Force Majeure. 17.3.1 [During A. The purpose of this Article is to establish the pendency consequences of Force Majeure events preventing either party from complying with any of its obligations under this Contract. For the avoidance of doubt the payment obligations of either party shall not be the subject of Force Majeure. B. Any party whose ability to perform is affected by a Force Majeure event shall take all reasonable steps to mitigate the impact of such event. C. If the effect of a Force MajeureMajeure event is temporary, subject to Paragraph D of this Article, the Seller party so affected shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected therebyresponsible for any consequent delay, and the Seller relevant schedule or time period shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered extended accordingly, if notice is given to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable forother party within seven (7) days after the party affected becomes aware, or deemed in breach hereof because ofshould reasonably have become aware, any failure that the event has occurred. At the time of the initial notice of the occurrence of the event, or as soon thereafter as possible, the party affected shall inform the other party of the extent of the delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to expected as a result of the event. D. In the case of one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance events notified by the Parties Contractor having a temporary effect on the ability of the obligation(s) Contractor to deliver any Spacecraft within the schedule referred to in Clause 17.3.1 Article 4 hereof, entitled Performance Schedule, if the effect is, or will be, to delay such delivery by more than one hundred and eighty (180) days, or in the case of Force Majeure events notified by the Contractor permanently preventing the Contractor from complying with the schedule, Inmarsat may declare this Contract to be discharged as to the Spacecraft so affected. With respect to such Spacecraft, Article 26 hereof, entitled Termination for Convenience, shall be extended applied mutatis mutandis to determine the impact on the Contractor and the Contractor shall be entitled to *** *** to which it would have been entitled under Article 26. The Contractor will retain title to the Work but beneficial ownership will be shared equally between the parties. Inmarsat shall not transfer, charge or otherwise dispose of its rights of beneficial ownership to a day-for-day basis for so long as one third party and shall release any rights of beneficial ownership upon either a sale in accordance with Paragraph E of this Article or more Force Majeure continues at the end of the *** period referred to affect materially and adversely in Paragraph E of this Article. E. Following a termination according to the performance provisions of Paragraph D of this Article 17 the Contractor may proceed with the sale of such Party Spacecraft with Inmarsat’s agreement. The proceeds realised from any subsequent sale of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief Spacecraft shall be granted applied first to the Party claiming Force Majeure pursuant reasonable costs and expense incurred by the Contractor for the storage, protection, removal, modification, completion, sale, and delivery of such Spacecraft, and the remaining amount shall be shared equally between the Contractor and Inmarsat. The Contractor shall have no obligation to this Clause 17.3 pay to Inmarsat any proceeds of the extent that sale of such failure or delay would have nevertheless been experienced by that Party had Spacecraft unless the Contractor has contracted to sell the Spacecraft within *** months after such Force Majeure not occurredtermination.

Consequences of Force Majeure. 17.3.1 [During  If a Party is affected by Force Majeure and the pendency event is recognized as Force Majeure either by the other Party or by the application of a Clause 6.2 or 6.3 of the LSA, the Parties shall not be relieved, by reason of Force Majeure, from any obligation to indemnify the Seller other Party, to make any payment that is due and payable or to serve any notice unless expressly specified otherwise in this GC 12.3.  If Terminal Operator has suffered a single Force Majeure Event that results in Terminal Operator not being able to provide any part of the LNG Services, Shipper shall continue to pay the part of the Capacity Charge relating to the LNG Services which is still being provided by Terminal Operator. In relation to any part of the LNG Services that is not made available as a result of a single Force Majeure Event suffered by Terminal Operator, Shipper shall pay fifty (50) per cent of the applicable Capacity Charges for such LNG Services that Terminal Operator is not providing as a result of the Force Majeure Event for the period of three (3) weeks commencing on the date such Force Majeure Event occurs. During any Contract Year, Shipper’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of three (3) weeks of such payments. After the said term of three (3) Weeks, Shipper shall make no further payments to Terminal Operator in relation to LNG Services which Terminal Operator is not providing as a result of the Force Majeure Event, until the Force Majeure Event is ended and Terminal Operator resumes provision of all LNG Services pursuant to this LSA. Over the entire Service Term, commencing from the Service Start Date, Shipper’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of fifteen (15) weeks of such payments. If during any Contract Year a Force Majeure Event occurs during which, subject to the limitations set forth in the preceding sentences, Shipper would pay Terminal Operator fifty (50) per cent of the Capacity Charges, Shipper shall thereafter have no further obligation to make any payments to Terminal Operator in relation to such Force Majeure Event.  In the event performance by Terminal Operator under this LSA is substantially or totally impaired by a Force Majeure Event which is estimated to last for a period of more than twenty-four (24) consecutive Months pursuant to GC 12.2.1, Terminal Operator shall give notice hereof to Shipper within ninety (90) Days as from the date of the Force Majeure Event. Upon receipt of such notice, the Terminal Operator and the concerned Terminal Users (including Shipper) shall discuss in good faith, taking into account each Party’s legitimate interests to take any action in order to remedy or mitigate the effects of the Force Majeure. Absent an agreement within such 90 days, Shipper shall be entitled to receive Capacity Payments either (i) terminate the concerned LNG Services; or Energy Payments [or Supplemental Payments] (ii) for the services which the remaining duration is longer than the estimated duration of the Force Majeure, suspend the concerned service until the end of Force Majeure. When the actual duration of the Force Majeure exceeds the estimated duration of the Force Majeure, Shipper shall at such time be entitled to choose one of the possible options described above.  In case the Shipper has decided to terminate the concerned LNG Service, such termination shall occur upon (i) notice to terminate to the other Party, and (ii) such notice to terminate being given within ninety (90) Days as from the Purchaser; except receipt of the notice of Force Majeure exceeding 24 Months or as the case may extended with the duration of the arbitration procedure when the duration of the Force Majeure Event is contested. In such event, such LNG Services shall terminate upon receipt of the notice to terminate by the other Party and each Party’s liabilities shall be limited to those accrued prior to the date of such termination. For the avoidance of doubt Shipper shall make payments due pursuant to GC 12.3.2 in relation to the LNG Services that Terminal Operator is not providing.  If a Force Majeure Event within the Port (excluding for Adverse Weather Conditions but not excluding damage to the Port caused by such Adverse Weather Conditions) or Segment 1 but not at the LNG Terminal affects, in whole or in part, the ability of Shipper to use the LNG Services made available by Terminal Operator, GC 12.3.2 and GC 12.3.3 shall apply as far as payment of the Capacity Charges by Shipper is concerned for such LNG Services which Shipper is unable to use during the duration of such Force Majeure Event and Shipper and Terminal Operator shall have the right to terminate the affected LNG Service if such Force Majeure affects only part Event qualifies as a Force Majeure Event of more than twenty (24) Months. Terminal Operator shall undertake the following pro-active measures for congestion management through: offering the maximum available amount of LNG Services to Shippers on the Primary Market, taking into account system integrity and operation and within the actual exploitation boundaries; offering and developing LNG Services that are aligned with the market needs; adopting non-discriminatory and transparent allocation rules as set forth in AC 2.2; encouraging the “use or sell” principle for LNG Services by facilitating the transfer of LNG Services via the Secondary Market. Shipper shall undertake the following pro-active measures for congestion management: does not subscribe more LNG Services than reasonably required to fulfil his contractual provisions made or intended deliveries; and to offer on the Secondary Market its subscribed LNG Services that it does not intend to use, according to AC 2.3.3; and shall refrain from using the subscribed LNG Services to hamper, limit or disturb the functioning of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchasermarket.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.